We just won Palmer at the DC District Court!

That will NOT survive the Supreme Court (unless one of the justices retires and Obama gets to choose a successor).
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And? Many of the 2008 post Heller DC regs would not survive either but they promulgated and kept them until 2011-12 until filings started to get traction.

If you recall, post heller, DC required all of the following for simple ownership which it kept for years and later dropped:
- expensive live training
- same caliber restriction on ammo
- fired casings
- fired round
- applicant supplied photo

And the differentiation between "May issue" and "No issue" has become sophistry as illustrated by the recent case law on Maryland's regs.

I believe DC will write the most restrictive CCW ever seen, and sadly I believe this will embolden other jurisdictions to follow.

I think they will issue a handful to retired LEO working as investigators or security, (say ironically, like Bloomberg's security detail) and then wait out the court challanges

As far as the make-up of the court a SCOTUS decision on such regs would occur after Obama, during perhaps Hillary's term and the actuary tables suggest she will be replacing several justices.
 
From Judge Scullin's Opinion:
Judge Scullin said:
ORDERS that Defendants, their officers, agents, servants, employees and all persons in
active concert or participation with them who receive actual notice of this Memorandum-
Decision and Order, are permanently enjoined from enforcing D.C. Code § 7-2502.02(a)(4) to
ban registration of handguns to be carried in public for self-defense by law-abiding citizens; and the Court further
ORDERS that Defendants, their officers, agents, servants, employees, and all persons in
active concert or participation with them who receive actual notice of this Memorandum-
Decision and Order are permanently enjoined from enforcing D.C. Code § 22-4504(a); and the
Court further
ORDERS that Defendants, their officers, agents, servants, employees, and all persons in
active concert or participation from them who receive actual notice of this Memorandum-
Decision and Order from enforcing D.C. Code § 7-2502.02(a)(4) and D.C. Code § 22-4504(a)
against individuals based solely on the fact that they are not residents of the District of Columbia.
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Self Defense has to be sufficient reason for obtaining a permit by law-abiding citizens, see the 1st underlined section. If DC tries to craft a may-issue scheme ala MD/NJ/MA/NY, I would imagine some swift action will be taken under the District ruling without having to start a new case. Just my .02 worth.

Gotta love the caveat for non-residents of DC as well.

Reminder that the District has 30 days to Appeal to Circuit. That will happen by next Thursday, 8/28. IF DC does Appeal by then, they will likely ask for, and get, a Stay of Mandate while the case spends the next year or two going through Appeals.

How this will all shake out depends on the next move, which belongs to DC.
 
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In an exclusive interview, D.C. City Council Chairman Phil Mendelson told FOX 5 on Thursday that he will appeal the gun carry ruling, making the information public for the first time.
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Does this city council Chairmen have the authority to make this Appeal?

"The whole issue of the public carrying of a firearm is very complicated," Mendelson said. "And I believe the executive and the attorney general will continue with the appeal."
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I thought he said He was going to appeal, now he is saying he believes the AG will.

Who does have the authority to appeal this case?

Then he goes on to say the city just asked the court for 6 more months to rewrite it's gun laws. Why would they do this if He is going to appeal?
 
Them boys only have like three days left before the appeal window is up, hope they can get their ducks in a row in time to get the paperwork in... I also hope those folks have actually been working on their case, half these anti-gun litigators sound like they made up their argument the night before when they get in front of the judges and start talking about muskets and guns being home-bound :D

"Then he goes on to say the city just asked the court for 6 more months to rewrite it's gun laws. Why would they do this if He is going to appeal?"
Probably just keeping his options open in case the appeal is denied, or something causes the actual authority to not kick it up the chain.

TCB
 
Self Defense has to be sufficient reason for obtaining a permit by law-abiding citizens, see the 1st underlined section. If DC tries to craft a may-issue scheme ala MD/NJ/MA/NY, I would imagine some swift action will be taken under the District ruling without having to start a new case. Just my .02 worth.

Gotta love the caveat for non-residents of DC as well.

Reminder that the District has 30 days to Appeal to Circuit. That will happen by next Thursday, 8/28. IF DC does Appeal by then, they will likely ask for, and get, a Stay of Mandate while the case spends the next year or two going through Appeals.

How this will all shake out depends on the next move, which belongs to DC.
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Again: And?

There is nothing whatsoever stopping them from copying already upheld stringent "may issue" regimes. In Maryland for example your carry can specific places you carry after you prove need to carry at those places

As far as the non residents, they can allow it without reciprocity but instead with forcing a DC issued "non resident DC carry permit" scheme, just as non-residents today have to get a DC ownership permit to keep a firearm in their non resident second home in DC or their place of business in DC.

They will drag it out, promulgate the most stringent de facto no issue possible, and drag it out some more. There is no actual supreme court ruling on right to carry.

Don't mistake my realistic pessimism on this as support for any of DC's positions on this.

Lastly, Emily Miller is always not the best source on DC gun issues. Yes she is photogenic, but she very often spins it wrong.
 
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I would think that, with the Court having stayed its judgment, the clock on the time to appeal has not yet begun to run. If the trial court declines to extend the stay after issuance of its judgment, the District will have the right to petition the Circuit Court of Appeals for a stay (which I think will likely be granted.) I think it is questionable whether the trial court will allow more than 90 days to enact a carry law--after all, the Seventh Circuit gave Illinois 180 days, and that was for a whole state, while Chicago managed to pass a law within days of the issuance of the McDonald decision. further, I would think that the passage of a carry ordinance would moot the case. About the only exception I could think of would be where, as suggested above, the law was so restrictive that it was obvious none of the plaintiffs would qualify for a carry license, or in the alternative, the trial court concludes that "self-defense" is sufficient justification for carry, and may be willing to continue his jurisdiction if the proposed law does not so provide (as mandated by the Ninth Circuit decision in Peruta, upon which the judge so heavily relied.)
 
62coltnavy said:
I would think that, with the Court having stayed its judgment, the clock on the time to appeal has not yet begun to run.
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This is from page 4 of this thread.

Al Norris said:
Normally, in a civil case (such as this), the losing party has 30 days to file their NOTICE of Appeal, from the date that the entry of Judgment is made by the court clerk (Rule 4(a)(1)(A)).

Because the defendant (D.C.) is a Federal Agency, they come under Rule 4(a)(B)(ii), which gives them 60 days to file their NOTICE of Appeal.

Time starts the day after the court clerk files the Judgment. The clerk entered the judgment yesterday, the 29th. So today counts as the first day. Therefore, D.C. has until Friday the 26th of Sept. to file their NOTICE of Appeal. The current stay runs out on Oct. 27th. This allows D.C. to request a 30 day extension of time to file.
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Had dinner with someone on staff of DC council last night.


It is safe to say they are going two track. They will continue to fight the decision and also already have emergency legislation on stringent carry in drafts which will be ready to pass emergency session at last minute if they need to. Other aspects of DC gun laws may be revised at the same time
 
Does Judge Scullin have any say in whether or not this New legislation meets his "Constitutional" requirements?
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What can he say if it includes a bucket of all the limits not successfully challenged in other jurisdictions?
 
Well as one example, the judge said that DC could not screw over people visiting from other jurisdictions.

I don't know of a single "may issue" jurisdiction that treats visitors from other states reasonably well.
 
We'll probably see more hoops than Ringling Bro's ever presented but it's still progress. Lead or drag them down the path kickin' & screamin' just never let go of their collars. :)
 
Motion for Stay pending appeal is denied.

“Having reviewed the parties’ submissions in support of and in opposition to Defendants’ motion for a stay pending an appeal, the Court hereby ORDERS that Defendants’ motion is DENIED; however, the Court will entertain a motion to extend the stay beyond October 22, 2014. If Defendants wish to make such a motion, they must file papers in support of that motion on or before October 3, 2014, setting forth in detail what, if any, progress they have made to comply with the Court’s decision. Plaintiffs may file any opposition that they have to Defendants’ motion on or before October 10, 2014. If Defendants file such a motion, the Court will hear oral argument in support of, and in opposition to, said motion on October 17, 2014, at 10:30 a.m.; and the Court further ORDERS that the Court will hear oral argument in support of, and in opposition to, Defendants’ motion for reconsideration on October 17, 2014, at 10:30 a.m.”
 
Well as one example, the judge said that DC could not screw over people visiting from other jurisdictions.
I don't know of a single "may issue" jurisdiction that treats visitors from other states reasonably well.
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And may issue with no reciprocity been not been successfully challenged.
 
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