DC Petitions for Cert on Parker VS D.C.!

[NineseveN]

We're headed to the big show in front of the Supremes!

http://www.scotusblog.com/movabletyp..._amendmen.html

Second Amendment case headed to Court

Posted by Lyle Denniston at 10:57 AM

Local government officials in Washington, D.C., announced Monday they will appeal to the Supreme Court in a major test case on the meaning of the Second Amendment. The key issue in the coming petition will be whether the Amendment protects an individual right to have guns in one's home- an issue on which there is now a clear conflict among federal Circuit Courts.

The petition would have been due Aug. 7, but city officials said they would ask Chief Justice John G. Roberts, Jr., for a 30-day extension of time to file the case. Mayor Adrian M. Fenty and city Attorney General Linda Singer disclosed the appeal plan at a press conference, along with local Police Chief Cathy Lanier.

The D.C. Circuit Court ruled on March 9 that the Second Amendment does guarantee an individual right to possess a gun -- at least within one's own home. The ruling was the first by a federal appeals court to strike down a gun control law based on that view of the Amendment's reach. The case is Parker, et al., v. District of Columbia (docket 04-7041). On May 8, the Circuit Court refused by a 6-4 vote to rehear the case en banc. The mandate is scheduled to be issued Aug. 7, but will be withheld after the city files its Supreme Court petition.

[WhiteFeather]

This one for all the marbles.

IF the Constitution wins we all win but if the anti-gunners win get ready for the next level of insanity.

Thanks for the heads up

[NineseveN]

SCOTUS could always deny hearing the case, but it's unlikely at this stage of the game. The thing is, due to the timing, this may just become presidential platform material duing the 2008 race.

[Johannes_Paulsen]

Thanks for posting this.

Curious if anyone is aware of previous decisions by Court members (especially Alito and Roberts,) touching on firearms issues?

[NineseveN]

Alito:
http://armsandthelaw.com/archives/20...o_and_guns.php

Roberts:
http://armsandthelaw.com/archives/20...rts_on_the.php



That'll do for starters...I don't think either of them is an Alex Kozinski:
http://www.thegunzone.com/rkba/rkba-9.html

[phillyd2]

Would have been nice to have had one more justice on "our" side but it is what it is. If they take the case this question should be settled once and for all. Hopefully the "right" way.

[NineseveN]

Would have been nice to have had one more justice on "our" side but it is what it is. If they take the case this question should be settled once and for all. Hopefully the "right" way.

Of course, the SCOTUS is likely to make their decision VERY narrow, which may not settle everything, but it paves the way for future challenges on the issue.

[phillyd2]

Of course, the SCOTUS is likely to make their decision VERY narrow, which may not settle everything, but it paves the way for future challenges on the issue.

Not at all so sure about that.

The DC ruling is pretty clear in regards to answering the age old question of if the 2nd. applies to the Militia or Individuals. I would think that the Supremes would need to decide on at least that aspect first since much of DC rests on the interpretation. No matter which way they see it this ruling will be a earthquake. If they agree with "Individual" than the 2nd would take its place with the rest such as the 1st, 4th. etc.

This is big.

[NineseveN]

Not at all so sure about that.

The DC ruling is pretty clear in regards to answering the age old question of if the 2nd. applies to the Militia or Individuals. I would think that the Supremes would need to decide on at least that aspect first since much of DC rests on the interpretation. No matter which way they see it this ruling will be a earthquake. If they agree with "Individual" than the 2nd would take its place with the rest such as the 1st, 4th. etc.

This is big.

Not entirely, they can fully agree that the 2A is an individual right, but that it is subject to certain reasonable restrictions, leaving what those are up to Congress/the states. I suspect that this is how they will decide.

The crux of D.C.'s case will then rest on whether or not their total ban is "reasonable", which it won't be, given the individual rights notion, but that won't mean that California or New Jersey has anything to fear directly from the Parker decision, nor will it effect a number of the gun laws that most of us would like to see repealed.

It's big, it's just not going to change our world in and of itself.

[Mtbkski]

It is scary in a way. If for some reason. They would vote against. Gun Confiscation could be right around the next corner. Stock pile what you can now. This could get really stupid and ugly if they rule against.

I WILL GIVE UP MY GUN
WHEN THEY PRY IT FROM MY COLD DEAD FINGERS