US Court of Appeals for DC Eviscerates May Issue

[rwilson452]

I think this case is headed to SCOTUS. I look forward to that because I think the pay will rule as the Appeals Court Panel did.

I'm sure D.C is getting calls from other states out of that courts jurisdiction begging them not to appeal after what happened with Heller. Then again it's just the tax payers money not their own. Perhaps a public campaign Informing the good people of D.C. how much Heller cost and do they want D.C. to blow that much and more?

[Sparks]

Thank you all for the explanations and reference articles.

[bill gray]

They could grant the right to a signicant portion of the public but only to that group; let's say to left-handed, liberal, limping, lisping Lithuanians. (No offense meant to you Lithuanians out there). That would give the appearance of liberalizing the regulations. Or, allow carry outside the home on any February 29th between 12 noon and 12:01pm. That would open the right to everyone so what could the objection be? Could they require evidence of alertness, coordination and the ability to recall and repeat written material? I can see a test that requires an applicant to pat their head, rub their belly counter-clockwise, jump up and down on one leg, and recite the Declaration of Independence backwards- in Tagalog. Sounds reasonable (to the antis).

[RenoV8]

It's good on the surface, but unfortunately they can still appeal again and also in the meantime request a stay on the current may issue procedure, which I guarantee they will. The D.C. city government definitely won't give in to having a shall issue procedure until they're out of appeal options and literally forced to by a court.

Regarding the appeal....

"The DC Circuit says that it's not going to send the appeals back down to the lower court, or deal with whether a temporary injunction (based on likelihood of winning rather than giving an actual win) is proper, instead it's going to order the lower courts to jump ahead and issue a permanent injunction against the law."

http://armsandthelaw.com/archives/20..._v_dc_big_.php

[mikelets456]

The tide is turning and in 4 years time we will see gun control go the way of the dinosaur...good riddance.

We will ALWAYS be fighting this fight. As long as corrupt people want to be in power they'll always have the need to disarm the populace to attain that power...

[RenoV8]

We will ALWAYS be fighting this fight. As long as corrupt people want to be in power they'll always have the need to disarm the populace to attain that power...

Yes, we will. However, a heavily armed populace is a heck of a lot harder to run over than one with just pistols. I was just on the phone today with a guy who owns an online site and he said the number of newbies buying from him and asking for advice is mind blowing. He also said some of these new gun owners are buying for other circumstances besides home defense...like a government run amok.

I feel better know my neighbors are just as armed as I am.

[Didnotcomply89]

I hate to be the party pooper but this ruling means nothing. An En Banc will be granted and they will continue to violate the Constitution. It's what they have done and what they will continue to do until they are forced to comply. Look at the case with Chicago- federal suits told them to start complying and they thumbed their nose, saying it was 'advisory' and had 'no merit'.

[press1280]

I hate to be the party pooper but this ruling means nothing. An En Banc will be granted and they will continue to violate the Constitution. It's what they have done and what they will continue to do until they are forced to comply. Look at the case with Chicago- federal suits told them to start complying and they thumbed their nose, saying it was 'advisory' and had 'no merit'.

I wouldn't say it means nothing (a District Court opinion basically means nothing since appeal is a right). The DC Circuit does not do this often, they recently struck some DC registration requirements and rejected en banc.
Of course, this is public carry we're talking about and the antis usually fight this tooth and nail. And, the court's current makeup doesn't help either.

My hope is that the decision whether to go en banc is delayed for a while to allow Norman v. FL to be at SCOTUS' conference with the opinion still standing, even if the law isn't in force yet. This will help get Norman cert; at that point this case gets frozen and everything hinges on Norman.

[press1280]

The DC Circuit has rejected en banc! https://wtop.com/dc/2017/09/dc-appea...cking-gun-law/

DC has 2 choices: go shall issue or petition SCOTUS.

[American1776]

I do believe the gun control zealots are getting backed into a corner and their days are numbered. The courts or the congress will eventually reunify the anti-gun states with America, even if they go kicking and screaming.