Crazy Law Mandates How You Carry

Estimated reading time: 3 minutes

Washington Gun Law TV President, William Kirk, recently discussed a significant legal challenge to Washington, D.C.’s strict concealed carry regulations. Broadcasting from Securite Gun Club in Woodinville, Washington, Kirk highlighted the difficulties individuals face in obtaining and complying with concealed carry licenses in the nation’s capital.

In Washington, D.C., it’s nearly impossible to get a concealed carry license. Even if someone manages to secure one, strict conditions dictate how they must carry their firearm. Deviating from these regulations can lead to criminal prosecution.

This scenario is playing out in a new case, Russell et al. v. District of Columbia, which challenges two specific statutes. These statutes, 24-2344.1 and 24-2344.2, mandate how a licensed individual must carry their firearm. The first statute requires that the firearm be completely hidden from public view. The second stipulates that the firearm must be carried in a holster designed to prevent loss, theft, or accidental discharge.

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While these mandates might seem reasonable, they present significant challenges, particularly for women. Women’s attire often makes it harder to conceal a firearm compared to men’s clothing. Consequently, many women carry their firearms in purses or handbags, a method prohibited under D.C.’s regulations.

The case’s lead plaintiff, former CNN anchor Lynne Russell, argues that her handgun saved her and her husband’s lives during an incident. Yet, D.C.’s law bans carrying firearms in purses, with severe penalties for non-compliance.

Other plaintiffs, including Mr. Christian and Mr. Beck, have faced prosecution for similar violations. Christian was prosecuted after removing his firearm from his person and placing it in his vehicle for comfort. Beck was pulled over in a prostitution sting unrelated to him but was prosecuted because his firearm was in a sling bag on the passenger seat.

The plaintiffs argue that these regulations violate their Second Amendment rights. They point out that the Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen reaffirms that firearm regulations must align with historical traditions. D.C.’s laws, they argue, lack such historical precedent.

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Despite D.C.’s claims that these regulations enhance public safety, the plaintiffs maintain that the Second Amendment already balances individual rights and public safety. They argue that no historical regulations mandated that firearms must be carried on one’s person at all times. Only New Jersey has a similar regulation, further demonstrating the rarity of such mandates.

The plaintiffs seek injunctive relief and punitive damages, emphasizing that the Second Amendment guarantees the right to possess and carry weapons for self-defense. They argue that D.C.’s laws deny this right when it comes to off-body carry, subjecting individuals to arrest and revocation of their concealed pistol licenses.

This case has broader implications beyond D.C. If the challenge fails, it could pave the way for similar restrictive laws nationwide, making legal concealed carry nearly impossible and infringing on what many believe to be a constitutionally guaranteed right.

For more details on the case, Russell v. District of Columbia, follow this link.

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