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Lawsuit filed for carry in the District of Columbia

press1280

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Adam Kokesh, arrested for his 4 July 2013 loading of an apparent shotgun in the federal district, has filed motions to dismiss based upon jis 2nd A right to bear arms outside of his home.

Link: http://t.co/mZ78XOeC6d

This is the same issue presented in 2009 in the federal district court, civil division.

Which court will rule first?

My money is on the criminal court.
I don't know how fast the DC Superior/Court of Appeals are compared to the DC District/DC Circuits? At this point you have to wonder if this case will ever be decided.
 

cirrusly

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I'm standing outside a metro here in DC waiting for a friend thinking how much safer I would be if I could have my G26 on my side.

I looked at this thread to see if there's been any movement, but I think I better check back in 3+ years when Obama is out of office. It's frustrating. And I only recently joined the 2A movement in the past year. I can't imagine how frustrating it must've been when open and concealed carry was not legal in many states (only 10ish years ago and less).

It's disgusting- this is a right explicitly stated verbatim on a founding document of our country.

I did see Adam Kokesh is filing a civil suit against the District claiming he was wrongly arrested, per 2A. Ill post the article if I find it again.
 

Thundar

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I'm standing outside a metro here in DC waiting for a friend thinking how much safer I would be if I could have my G26 on my side.

I looked at this thread to see if there's been any movement, but I think I better check back in 3+ years when Obama is out of office. It's frustrating. And I only recently joined the 2A movement in the past year. I can't imagine how frustrating it must've been when open and concealed carry was not legal in many states (only 10ish years ago and less).

It's disgusting- this is a right explicitly stated verbatim on a founding document of our country.

I did see Adam Kokesh is filing a civil suit against the District claiming he was wrongly arrested, per 2A. Ill post the article if I find it again.
Adam Kokesh is not filing a civil suit. He has been charged criminally and has made a motion to strike arguing that the DC law is unconstitutional. Gura wants a ruling on his civil suit before they rule on Kokesh's motion, so that he can get his case to the circuit court before Kokesh.
 

press1280

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Adam Kokesh is not filing a civil suit. He has been charged criminally and has made a motion to strike arguing that the DC law is unconstitutional. Gura wants a ruling on his civil suit before they rule on Kokesh's motion, so that he can get his case to the circuit court before Kokesh.
If Kokesh is in DC's state court (called DC Superior Court) then it is only persuasive authority to Gura's case. A state court is not bound by Federal Circuit rulings, only SCOTUS rulings.
 

Thundar

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Happy Thanksgiving

Happy Thanksgiving.

Still no decision on the case at the District Court Level

Still no activity on the Mandamus filed at the Circuit Court Level.

This is more than pathetic, this is a gross abuse of power.

This is an example of the absolute corruption of the black robed feeders. They are executing a pocket veto of the people's right to bear arms in the people's federal district.

Do we live in a constitutional republic or a kritaracy? This judicial pocket veto is the nadir of American Exceptionalism.

Live Free or Die,
Thundar
 

cirrusly

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I am unfamiliar with the particulars of DCs legal process (or lack thereof!)

Is there any other actions that could be taken to advance this case? That is, besides an OC march, which isn't legal in the District anyway. I would even be weary of carrying a plastic firearm replica in the district. This is frustrating.. I'd gladly take Illinois style carry law over nothing.

Brainstorms?

I'm planning on attending the next VCDL meeting. I realize VCDL is not the district, but perhaps they will have some thoughts, as there is no equivalent organization in DC.


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cirrusly

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Flood the court clerk office responsible for the case with a standard letter reiterating our discontent with this unconstitutional behavior? Or are there grounds to file a case due to a case being stalled?


Sent from my iPad using Tapatalk
 

Thundar

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I am unfamiliar with the particulars of DCs legal process (or lack thereof!)

Is there any other actions that could be taken to advance this case? That is, besides an OC march, which isn't legal in the District anyway. I would even be weary of carrying a plastic firearm replica in the district. This is frustrating.. I'd gladly take Illinois style carry law over nothing.

Brainstorms?

I'm planning on attending the next VCDL meeting. I realize VCDL is not the district, but perhaps they will have some thoughts, as there is no equivalent organization in DC.


Sent from my iPad using Tapatalk
The case was filed in federal district court, so the process is the same as every other federal district court.

Alan Gura filed a motion to expedite this last summer after the case entered year five without a decision. In October, frustrated with the stonewalling, he filed a mandamus motion in the circuit court. Funny enough, the circuit court has not ruled on the mandamus motion.

At this rate we will enter year six without a decision at the district court level. We already see that mandamus is nothing but a sham in the DC Circuit.
 

Grapeshot

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Legislating from the bench is not a new concept, but generally it is the decision (action) that affects the law.

This one is unique in that the effective result is from the inactivity/lack of action on the part of a court that should render a decision one way or the other.

BTW - I abhor legislation by the courts.
 

cirrusly

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Update provided by Emily Miller via Washington Times.

washingtontimes said:
http://www.washingtontimes.com/news/2013/dec/17/alan-gura-appeal-gun-carry-rights-dc-denied/
The circuit judges wrote that the delay was not “so egregious or unreasonable as to warrant the extraordinary remedy of mandamus at this time.”
They added that, “We are confident that the district court will act on the motions as promptly as its docket permits.”
The circuit judges responded, defending that this delay was not unreasonable.:mad:
 

Eeyore

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the meanest city in the stupidest state
Hmmm. I'm sure Gura made this comparison in his argument, but do you think the court would tolerate such a long delay if the issue was blacks being denied the right to vote, or somebody being denied the right to free speech or religion? All constitutional rights are sacred, it seems, except one....
 

Thundar

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Merry Christmas - 2013

Where do we stand as calendar year six approaches in the pathetic saga of federal district court judges and federal circuit court judges refusing to adhere to their oath of office and deliver a ruling in a simple case?

1) Still no district court ruling on the very old and twice briefed cross motions for summary judgment.

2) Not even a ruling on the stale unopposed motion to expedite.

3) Crickets on the writ of mandamus filing in the DC Circuit Court.

Nothing, it seems will get these black robed feeders off their duff and doing their job. Not the intervention of the Chief Justice of the Supreme Court, not a motion to expedite (not even a ruling on that motion) and a writ of mandamus that has been completely ignored at the circuit court level.

How can a case about government denial of fundamental rights languish for so many years??? Lady justice has not been blindfolded. No, she has been bound, gagged beaten and her throat has been slit.

This is a true dark stain on the federal judiciary.
 

press1280

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Where do we stand as calendar year six approaches in the pathetic saga of federal district court judges and federal circuit court judges refusing to adhere to their oath of office and deliver a ruling in a simple case?

1) Still no district court ruling on the very old and twice briefed cross motions for summary judgment.

2) Not even a ruling on the stale unopposed motion to expedite.

3) Crickets on the writ of mandamus filing in the DC Circuit Court.

Nothing, it seems will get these black robed feeders off their duff and doing their job. Not the intervention of the Chief Justice of the Supreme Court, not a motion to expedite (not even a ruling on that motion) and a writ of mandamus that has been completely ignored at the circuit court level.

How can a case about government denial of fundamental rights languish for so many years??? Lady justice has not been blindfolded. No, she has been bound, gagged beaten and her throat has been slit.

This is a true dark stain on the federal judiciary.
The mandamus was denied, otherwise nothing has changed. The only things IMO that can be done are to petition SCOTUS for a writ of mandamus(which would be almost unheard of), or launch a copycat case preferably in DC Superior Court(DC's version of a state court) and see if they have at least enough integrity to simply render an opinion in a timely fashion.
 

Thundar

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Happy New Year

BEFORE: Henderson, Brown, and Srinivasan, Circuit Judges ORDER

Upon consideration of the petition for a writ of mandamus, it is ORDERED that the petition for a writ of mandamus be denied without prejudice to renewal. Petitioners have not shown that the district court’s delay in ruling on the pending cross-motions for summary judgment is so egregious or unreasonable as to warrant the extraordinary remedy of mandamus at this time. See Gulfstream Aerospace Corp. v. Mayacamas Corp., 485 U.S. 271, 289 (1988); cf. Telecommunications Research and Action Center v. FCC, 750 F.2d 70, 79-81 (D.C. Cir. 1984). We are confident that the district court will act on the motions as promptly as its docket permits.

*******
Yes, it is very comforting to know that three black robed statists are confident that the district court will rule on a civil rights case of that has entered its sixth calendar year as promptly as its docket permits.

It is also very comforting to note that the judicial pocket veto is alive and well in the DC circuit. Funny thing though, I cannot find any mention of the judicial pocket veto in my copy of the US Constitution.
 
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