Allen Whitaker, a college-educated single Black father, lawfully obtained a license to carry a pistol in 2018. In early 2019, Whitaker visited a firing range in Maryland to use his firearm. Once finished, he stowed his pistol in a lockbox in his car trunk. Then, Whitaker stopped at a gas station to purchase water for his daughter, parking a short distance from the entryway to avoid a group of men engaged in a verbal altercation. A police car arrived at the scene and ordered Whitaker—at gunpoint—to put his hands in the air. A search ensued, and Whitaker’s empty side holster was discovered. Upon request, Mr. Whitaker took the gun from the lockbox in his trunk and handed the gun over to the police.
After being detained for 3 hours, police released Whitaker without any charges being filed. Whitaker was unable to recover his seized pistol, so he applied to register a new firearm in the District of Columbia. He was notified, however, that his license to carry was being revoked. The D.C. Metropolitan Police Department alleged that Whitaker violated the suitability criteria for firearm registration given local regulation DCMR 24-2335, which disqualifies those who exhibit a propensity for violence, because of his involvement in the 2019 incident and due to his prior criminal history.
Whitaker appealed the revocation of his license arguing that having a firearm locked up in his car while a nearby altercation was taking place did not establish a propensity for violence nor instability on his part. He also argued that his criminal history had been evaluated before he was granted the permit for the seized pistol. He further argued that the propensity for violence standard is unconstitutionally vague, and that revocation would deprive him of his due process rights. The District of Columbia ultimately reinstated his license without conceding the merits of his claims and dismissed the appeal as moot. Whitaker sought review of his case, arguing that the D.C. Metropolitan Police Department has unfettered discretion in determining risk and mental instability. Whitaker’s petition for certiorari to the U.S. Supreme Court was denied in October 2022.
It is not uncommon for Black Americans to be stereotyped as having a propensity for violence. A 2018 report to the United Nations by the Sentencing Project revealed that Black Americans are more likely to be arrested, are more likely to be convicted, and tend to receive longer prison sentences than White Americans. Racial disparities often stem from ad hoc policies that allow for discretionary stops and discretionary evaluation of risk, as what may have happened in Whitaker’s case. Future research should specifically examine how discretionary policies affect decisions around gun license permits and revocations, as well as the effects on the mental well-being of those subjected to discretionary policies.
Many jurisdictions seek to set limits on who can carry a gun, seeking to ban those with a history of violence or some future propensity for violence. Little guidance exists, however, for evaluators in conducting assessments of risk in these contexts. Forensic psychologist Gianni Pirelli and forensic psychiatrist Liza Gold have pointed out that most mental health professionals have not been trained in firearm risk assessment and encourage mental health professionals to develop competence in this area (Journal of Aggression, Conflict and Peace Research, Vol. 11, No. 2, 2019opens in new window). Clinical research might also help law enforcement and the courts develop a valid and reliable risk assessment to screen people applying for firearm licenses.
