press1280
Regular Member
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.
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Lawsuit filed for carry in the District of Columbia
- Thread starter ianto94
- Start date
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
Regular Member
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.
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.
press1280
Regular Member
SAF has had enough of the delay and has filed a writ of mandamus to compel an opinion: http://saf.org/viewpr-new.asp?id=458
Three cheers for Alan and the SAF
JoeSparky
Centurion
Three cheers for Alan and the SAF
I'll raise that to the power of 100!
Thundar
Regular Member
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
Regular Member
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
Regular Member
Mandamus, shmandamus, nothing has changed. Happy Halloween.
Thundar
Regular Member
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
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
Regular Member
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
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
cirrusly
Regular Member
Thundar
Regular Member
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.
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.
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
Regular Member
Update provided by Emily Miller via Washington Times.
The circuit judges responded, defending that this delay was not unreasonable.
washingtontimes said:
The circuit judges responded, defending that this delay was not unreasonable.
davidmcbeth
Banned
The courts are unwilling to act? Wow, big surprise.
I don't need a guy in a robe to tell me my rights...
I don't need a guy in a robe to tell me my rights...
Eeyore
Regular Member
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
Regular Member
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.
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
Regular Member
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
Regular Member
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.
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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