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DC carry law ruled "probably unconstitutional PI issued

davidmcbeth

davidmcbeth

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http://freebeacon.com/issues/federal-judge-says-dc-gun-carry-law-is-unconstitutional/


“This conclusion should not be read to suggest that it would be inappropriate for the District of Columbia to enact a licensing mechanism that includes appropriate time, place and manner restrictions on the carrying of handguns in public,” Judge Scullin said in his ruling. “The District of Columbia’s arbitrary ‘good reason’/’proper reason’ requirement, however, goes far beyond establishing such reasonable restrictions.”



A lizard judge clearly,,,,
 
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Arma1911

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Swinokur,

Thanks for giving us the updates. With the PI granted, does DC have to grant permits until the stay is granted? (And it will be granted, to be sure, just as you have stated it is in their DNA.)
 
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markand

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Just to clarify:

The case Wrenn - v - DC was heard last year by judge Scullin. DC lost at trial and on appeal, made the argument that judge Scullin was improperly assigned to the case and his ruling was invalid. The appeals court agreed and remanded the case back to the lower court to be heard by another judge. The new judge, Clinton appointee judge Kollar-Kotelly, declined to hear oral arguments and refused to issue a preliminary injunction.

The case today, Matthew Grace and Pink Pistols - v - DC and police chief Kathy Lanier, was filed December 22, 2015 and is being heard by GW Bush appointed judge Richard J. Leon. Today, judge Leon issued a preliminary injunction enjoining DC from enforcing their "good reason" requirement to obtain a concealed carry permit. Judge Leon stated in his opinion that DC was unlikely to prevail at trial, as the "good reason" restriction is likely unconstitutional.

Washington Post article on the case here:
https://www.washingtonpost.com/loca...9-11e6-8c7b-6931e66333e7_story.html?tid=sm_tw

The judge's rulliing here:
http://apps.washingtonpost.com/g/documents/local/judges-opinion-in-dc-gun-case/1996/

DC will no doubt appeal and seek a stay from the appeals court.
 
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adk_mechetech

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If the "good reason" clause is struck down at some point, would this also extend to places like NYC which are essentially GFZs?
 
davidmcbeth

davidmcbeth

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adk_mechetech said:
If the "good reason" clause is struck down at some point, would this also extend to places like NYC which are essentially GFZs?
Click to expand...

NY is 2nd dist....so no.

Either a 2nd dist. case would be needed or SCOTUS ...

And 2nd dist judges are all lizards ...
 
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color of law

color of law

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swinokur said:
Spoke to an appellate attorney. He said:
No, that's not true. A PI is immediately appealable. See 28 U.S.C. 1291(a)(1). Done all the time.
Click to expand...
Click to expand...

Try 1292 not 1291. Interlocutory Appeals are considered extraordinary and are frowned upon. Yes they are done all the time, but most are denied or the petitioner losses.

Even if DC appeals I bet they loose.
 
color of law

color of law

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swinokur said:
Here is the actual order...
Click to expand...
From the Order:
ORDERED that defendants shall modify and reissue, forthwith, all District of Columbia concealed carry license application materials to be consistent with this Order and the accompanying Memorandum Opinion, and it is further ORDERED that plaintiffs' Motion for a Permanent Injunction [Dkt. #6] is DENIED WITHOUT PREJUDICE, and it is further ORDERED that plaintiffs Motion to Consolidate the Preliminary Injunction Proceedings with the Determination on the Merits [Dkt. #37] is DENIED.
Click to expand...
It appears this order is a final appealable order.
 
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