The District of Columbia is fighting to keep its current strict may-issue concealed carry scheme while the Second Amendment Foundation is swinging back claiming the city is in contempt of a federal judge’s ruling.
This comes a week after U.S. District Judge Frederick J. Scullin Jr. ordered the city to suspend applying its vague “good cause” test as part of its controversial may-issue permitting scheme that has declined more permits than it has granted.
As reported by the Washington Free Beacon, the city has fired a broadside at concealed carry permit applicants advising that it is exercising its rights to extend an addition 90 day period in considering pistol license applications while city attorneys seek clarification in the case of Wrenn v. D.C.
“In its Order, the Court misinterpreted and misapplied the relevant case law and, as shown below, a careful balancing of the interests demonstrates that a stay of the Order, and an immediate administrative stay, should issue so that the District may pursue its appellate rights,” the city said in its filing submitted by Karl Racine, the Attorney General for the District of Columbia.
In response, the Second Amendment Foundation, who is backing the lawsuit along with three applicants that have been refused permits, is crying foul, and submitted a response calling the city in contempt.
“Since ‘good reason’ and ‘proper reason’ no longer need be investigated, there is no need for the process to take even 90 days, let alone 180 or more days. Nor does the Court’s order allow for a 90-day ‘review’ period,” reads the SAF filing.
Citing the District’s further attempts to enforce its controversial policy, which SAF President Alan Gottlieb referred to in a statement emailed to Guns.com as “unconscionable,” the gun rights organization is painting the city as an example of municipal arrogance.
“By filing this motion the city is again ignoring the court order and pretending that they do not understand what the court has ruled,” said Gottlieb. “We will respond very firmly in opposition and will do everything legally possible to force Washington, D.C. to respect the Second Amendment.”
Update 5/29
Judge Scullin rejected Washington D.C.’s request for an administrative stay in the Wrenn case Thursday. He further issued an order that attorneys representing SAF and the District to appear in court July 7 and present arguments for and against the city’s motion for a stay pending appeal of his initial May 18 ruling.
“The Second Amendment Foundation is pleased that the court ruled immediately against the city and has forced them to start issuing carry permits,” said Gottlieb in an email to Guns.com. “By now they should realize that when we say we will do everything in our legal power to force them to recognize that people have Second Amendment rights we mean it.”
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