Grace v. District of Columbia
Civil Action No. 2015-2234
| D.D.C. | Oct 17, 2017Background
- The District of Columbia required applicants for concealed-carry licenses to show a "good reason" (a special need for self-defense) in order to obtain a permit under D.C. Code § 22-4506 and related regulations.
- Plaintiffs challenged the "good reason" requirement as an unconstitutional burden on the Second Amendment right to carry firearms for self-defense outside the home.
- The district court (Grace) preliminarily enjoined enforcement of the good-reason requirement, finding it likely unconstitutional.
- The D.C. Circuit consolidated Grace with Wrenn and held that the good-reason law operated as a de facto total ban on carrying firearms for self-defense beyond the home.
- The D.C. Circuit concluded the existing record was adequate, declined further factual development, and remanded with instructions to enter permanent injunctions against enforcement of the good-reason law.
- Following denial of rehearing en banc and issuance of the mandate, the district court entered a permanent injunction consistent with the D.C. Circuit's instructions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether D.C.'s "good reason" requirement violates the Second Amendment right to carry firearms for self-defense outside the home | The requirement unconstitutionally burdens the individual right to carry for self-defense beyond the home | The law is a permissible regulatory restriction, not a total ban; it advances public safety | The D.C. Circuit: the good-reason law functions as a total ban on the constitutional right to carry beyond the home and is therefore unconstitutional; permanent injunction ordered |
| Whether further factual development was necessary before a final remedy | Plaintiffs: existing record sufficient to resolve constitutionality and enter permanent relief | Defendant: additional factual development/remand needed to justify remedy | The D.C. Circuit: additional development would be a waste of judicial resources; record was sufficient and remand should direct entry of permanent injunctions |
Key Cases Cited
- Wrenn v. District of Columbia, 864 F.3d 650 (D.C. Cir. 2017) (good-reason law is effectively a total ban on carrying firearms for self-defense beyond the home)
- Grace v. District of Columbia, 187 F. Supp. 3d 124 (D.D.C. 2016) (preliminary injunction against D.C.'s good-reason requirement)
