CCW permit holders in Virginia and DC filed a lawsuit against the city and the Metropolitan Police Department following the Bruen decision. Currently, permit holders can carry in DC, with the exception of schools, restaurants, government buildings, and public transportation. Barring firearms on public transportation is a blatant violation of the CCW permit holders’ Second Amendment rights, the lawsuit indicates.
About the CCW Permit Holders’ Lawsuit Against DC States
The plaintiffs argue DC’s regulation prevents concealed carriers from protecting themselves.
The regulation at issue in this case, runs afoul to the Second Amendment because it lacks any historical justification, is arbitrary and capricious, and unnecessarily impinges on the core right of self-protection. Moreover, to the extent any continuing validity exists of the interest balancing test adopted by the D.C. Circuit in Heller v. District of Columbia – and we suggest there is not – the regulation herein is not justified by an articulated compelling or substantial government interest, and lacks sufficient tailoring to achieve whatever government interest, if any, might exist to otherwise support it, without unreasonably intruding on Second Amendment liberties.
Historically, it was common for Americans to carry their firearms for self-protection, the lawsuit indicates. The plaintiffs argue that translates into modern times.
There is not a tradition or history of prohibitions of carrying firearms on public transportation vehicles. Public transportation systems did not exist as they do today at the founding of the nation. However, there was plainly a tradition of firearms carry when citizens traveled from their homes. In modern parlance, Americans carried arms to prevent their gatherings from becoming soft targets.
How DC Views the Bruen Decision
Washington, DC has always had it out for law-abiding gun owners, especially CCW permit holders. Not surprisingly, city officials were unhappy with the Bruen decision.
City officials believe the decision will hinder their gun control efforts, the DCist reported. Attorney General Karl Racine vowed to litigate any pro-gun legislation making its way through the pipeline.
“OAG will continue to defend the District’s common-sense gun regulations and keep District residents safe,” a statement from Racine’s office indicated. “As the Supreme Court said, the Second Amendment is not a license to keep and carry any weapon in any manner for any purpose.”
The Bruen Decision’s Impact
The CCW permit holders filed the lawsuit against DC a week after the Supreme Court’s landmark decision in New York State Rifle and Pistol Association v. Bruen. The Court ruled it’s unconstitutional for a government agency to require a gun owner to prove they have a “need” for a CCW permit. The ruling effectively struck down all states from being “may issue” states, meaning they must approve law-abiding Americans’ CCW applications.
The plaintiffs hope D.C. will overturn its ban on firearms on public transportation. The Bruen, Heller, and McDonald decisions, provide the plaintiffs with substantial SCOTUS precedent. Hopefully, they’re successful.
