Where we are, after McDonald

A

Al Norris

Moderator Emeritus
Of the 68 cases listed in the Current 2A Cases thread, the following are at the Circuit Court of Appeals:
1st CCA
  • 36. Hightower v. Boston - Briefing Stage. USCA1 11-2281.
    • Is carry (in whatever form) for self defense, public or private, the core of the right?
2nd CCA
  • 58. Osterweil v. Bartlett - Briefing Stage. USCA2 11-2420.
    • Does a part-time resident have the right to possess a gun for self defense in their (part-time) home?
  • 17. Kachalsky v. Cacase - Briefing Stage. USCA2 11-3642.
    • Is carry (in whatever form) for self defense, public or private, the core of the right?
3rd CCA
  • 34.
  • Piszczatoski v. Maenz. USCA3 12-1150.
    • Is carry (in whatever form) for self defense, public or private, the core of the right?
4th CCA
  • 43. Lane v. Holder - Briefing Stage. USCA4 11-1847.
    • Interstate Transfer of Handguns - 18 U.S.C. § 922(b)(3), and 27 CFR §478.99.
5th CCA
  • 27. NRA v. BATF. USCA5 11-10959.
    • Do adults aged 18 - 20 have the same constitutional right to obtain handguns and handgun ammunition from a FFL, as do adults aged 21 and older? 18 U.S.C. § 921 and § 922.
  • 28. Jennings v. McCraw. USCA5 12-10091.
    • Do adults, aged 18 - 20 have the same rights to carry as adults aged 21 and older?
7th CCA
  • 44. Moore v. Madigan. USCA7 12-1269.
    • Is carry (in whatever form) for self defense, public or private, the core of the right?
9th CCA:
  • 01. Nordyke v. Alameda Cnty - En Banc Hearing in March. USCA9 07-15763.
    • Can the county ban guns at a gun show on county property, while allowing guns in other formats on the same property?
  • 13. Peruta v. San Diego Cnty - Stayed pending Nordyke. USCA9 10-56971.
    • Is carry (in whatever form) for self defense, public or private, the core of the right?
  • 09. Richards v. Prieto - Stayed pending Nordyke. USCA9 11-16255.
    • Is carry (in whatever form) for self defense, public or private, the core of the right?
10th CCA
  • 14. Peterson v. Martinez - 2nd Oral Argument on 19 Mar. 2012. USCA10 11-1149.
    • Can a State ban carry for the right of self defense of non-residents, when they travel to another State?
DC CCA
  • 32. Schrader v. Holder. USCADC 11-5352.
    • Does a citizen lose their right to posses firearms after being convicted of a common law misdemeanor?
  • 54 & 55. NSSF v. B. Todd Jones. USCADC 12-5009 & 12-5010.
    • Is the Demand Letter from the BATF (reporting of multiple rifle sales, but only in the four border States) a proper regulation?
Of the above 17 cases, there are 8 cases before the majority of US Circuit Courts, that are designed to have the carry of arms (in public or private) for self defense recognized as the core right of the 2A.

Of these 8 cases, Peterson is the most likely case to be decided first. However it is decided, expect the case to be appealed to the SCOTUS - Possibly in time to hit the Supreme Court in the 2012-2013 session.

If the Cases are decided against the plaintiffs, they will be appealed to the SCOTUS - That's a given. However, if the decision(s) are against the defendants (the States), they will also appeal to the SCOTUS.

One might stop and ask why, in the face of defeat, a defeat that will only risk that specific CCA jurisdiction, would the States appeal to the Supreme Court and risk having the decision applied to the entire US?

The answer, I believe, is rather simple. It is a power that the States have reserved unto themselves and they will not give up that power without an all out fight.
 
So the battle lines and maps of war have been drawn, so to speak. The CCA's being the field on which the contests will take place.
IMHO, all we need now are the endless delaying tactics and tricks to be set aside so the courts can do what we taxpayers pay them to do.
 
CowTowner, all the delays and "tricks" are at the District Court. None of this can be used at the Circuit level.

At this level, one is arguing the facts and law at issue and how they were not applied at the lower court. There is no discovery, no MTD's or MSJ's. That is all done at the lower level.
 
So, theoretically, this might actually be decided before some of us are too old to remember what this was all about, to begin with?:rolleyes:
 
Neither am I. ... But after reading through (literally) hundreds of legal briefs, court decisions and legal papers (SSRN anybody?), one does get an idea of how the law might actually operate. :D

Did I mention that I'm a high school drop-out? :eek:
 
many thanks Al, cause at times I have trouble keeping track of the change in my pocket let alone follow all the cases you follow.
 
I'm actually surprised no one caught my (glaring) errors in the OP! :(

After review, I decided to place a short descriptor of the cases and discovered (much to my shame :o ) that of the 17 cases listed, only 8 cases are "Carry" cases. Not 13 as I originally (mis)counted.

The OP has been corrected.
 
You must log in or register to reply here.
Back
Top