DC Cir. Weighs Reviving Challenge to Subway Concealed Carry Ban

Oct. 3, 2025, 4:53 PM UTC

A group of Washington gun owners Friday attempted to revive their Second Amendment challenge to the city’s concealed carry ban on its Metrorail transit system, arguing that decades of DC Circuit case law should be set aside.

But Judge Patricia A. Millett, of the US Court of Appeals for the DC Circuit, suggested the plaintiffs could get around circuit precedent requiring them to show a credible and imminent threat of prosecution because they also alleged a pocketbook injury: having to take alternative, more expensive forms of transportation so that they can conceal-carry their firearms.

“It seems to me there is ...

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