The D.C. Court of appeals just issued a major pro-gun ruling that has President Obama fuming!
In a 2-1 decision, the court ruled that Washington, D.C. must allow ex-prison guards to carry guns on them.
From Fox News:
Four former prison guards who were barred from carrying concealed guns despite a 2004 federal law that gave off-duty and retired law enforcement officers the right to pack heat won a landmark court victory on Thursday.
In a 2-1 decision, the U.S. Court of Appeals for the Washington D.C. Circuit held that the city’s Department of Corrections improperly barred the men from carrying concealed firearms, saying the 2004 Law Enforcement Officers Safety Act guaranteed their right. The court rejected the city’s argument that the law does not apply to corrections officers because they lack arresting authority.
“[Congress] left no discretion for a state to revise the historical record of an individual qualified law enforcement officer,” read the majority opinion.
The law was intended to improve response to threats in public as well as to allow current and former law enforcement officers with at least 10 years’ experience the ability to protect themselves from criminals they may have had past dealings with. Although plaintiffs Robert Smith, Ronald DuBerry, Harold Bennette and Maurice Curtis all said they regularly received threats from inmates they once guarded, their applications for concealed-carry licenses were denied.
“I will not certify an application request for carrying a concealed weapon under LEOSA for retired employees, as corrections officers do not meet all of the required elements necessary.” Corrections Department Director Tom Faust said at the time.
It is not clear whether the decision will be appealed, but it makes clear for now that the Law Enforcement Officers Safety Act must extend to retired and off-duty corrections officers as well as state and local police and federal agents.
Smith, who retired as a Corrections department firearms instructor, told the The Washington Times in 2014 that he was fired upon by men he suspects were former inmates as he took out the trash outside his home.
“They remember you,” he said.
This is a huge win for these ex-prison guards and the Second Amendment, and Obama surely will not be happy with this ruling!
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