DC gun law gets hearing before Washington appeals court

Legal Exams

An appeals court will hear challenges to a District of Columbia law that places tough requirements for gun owners to get concealed carry permits.

A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit is hearing arguments Tuesday in two cases involving the law, which requires people who want to carry a gun in public to show a "good reason to fear injury" or another "proper reason" to carry the weapon. Reasons might include a personal threat, or a job that requires a person to carry or protect cash or valuables. Lower court judges have disagreed on whether the law is constitutional.

The hearing is the latest in a long-running tussle over the city's gun laws. Eight years ago, the U.S. Supreme Court struck down the city's ban on handguns, leading the city to rewrite its gun laws. City law now requires residents to register guns kept at their homes or businesses; more than 16,500 guns have been registered, according to police.

Anyone who wants to carry a weapon outside the home needs a separate concealed carry license. The police department said last week that 89 people have been granted concealed carry permits and 374 have been denied.

In March, U.S. District Court Judge Colleen Kollar-Kotelly sided with the city and declined to issue a preliminary injunction halting the enforcement of the law requiring a "good reason" or "proper reason" for anyone who wants to carry a gun in public. Kollar-Kotelly said opponents had not shown that their lawsuit was likely to be successful. She noted that appeals courts in other parts of the country had approved of laws in New York, New Jersey and Maryland that are similar to the District of Columbia's.

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Texas Adopts Statewide Texting-While-Driving Ban

Effective September 1, 2017, Texas will become the 47th state to pass a statewide ban on texting while driving. Governor Abbott’s signing of House Bill 62 is an effort to unify Texas under a uniform ban and remedy the “patchwork quilt of regulations that dictate driving practices in Texas.”

The bill specifically prohibits drivers from reading, writing, or sending an electronic message on a device unless the vehicle is stopped. That includes texting and emailing. It does not, however, prohibit dialing a number to call someone, talking on the phone using a hands-free device, or using the phone’s GPS system.

Violations would be punishable by a fine ranging from $25 to $99, to be set by each municipality. Although penalties could rise to as much as $200 for repeat offenders.

Studies have found that a driver’s reaction time is half as much when a driver is distracted by sending or reading a text message. According to state officials, in 2015 more than 105,000 traffic accidents in Texas involved distracted driving, leading to at least 476 fatalities.

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