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Full DC Appeals Court blocks enforcement of D.C.’s strict CCW law

BB62

Accomplished Advocate
Joined
Aug 17, 2006
Messages
4,015
Location
Cincinnati, Ohio, USA
Groovy!!

https://www.washingtonpost.com/local/public-safety/appeals-court-order-blocks-enforcement-of-dcs-strict-gun-control-law/2017/09/28/04734362-a482-11e7-ade1-76d061d56efa_story.html?utm_term=.196717e5bd55

D.C. officials will not be able to enforce the city’s strict limits on carrying concealed firearms on the streets of the nation’s capital under a court order issued Thursday.

The brief statement from a federal appeals court in Washington is the latest setback for the District’s efforts to restrict the carrying of guns in public places to people who demonstrate a “good reason” to do so.

The District’s top lawyer had asked the full U.S. Court of Appeals for the D.C. Circuit to rehear a challenge to the gun-control law after a panel of three judges ruled against the city in July. But on Thursday, the appeals court declined, without explanation, to revisit the case.

The city’s permitting system had remained in effect while the appeal to the full court was under review — a holding pattern that meant the District still was able to bar most residents from carrying concealed guns.

The city now has seven calendar days to decide whether to ask the appeals court to put Thursday’s ruling on hold as it decides whether to seek review by the Supreme Court. …
 

CJ4wd

Regular Member
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Jun 22, 2017
Messages
221
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Planet Earth
GOOD!
There was post at Illinois Carry where somebody posted a picture of a check signed by Rahm Emmanuel and made out to the Second Amendment Foundation for ~$500,000 after they lost again. :monkey
I just hope that this nutter in Vegas doesn't screw things up too much.
 

JTHunter2

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Jul 11, 2017
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253
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Planet Earth
Do you really think it will do any good? Or will they thumb their collective noses at the court like Chicago is doing and stall as long as possible? :banghead:
 

markand

Regular Member
Joined
Sep 29, 2006
Messages
512
Location
VA
DC apparently NOT going to take these cases to SCOTUS. Would have been nice to have a definitive, pro-second amendment ruling, but no guarantee that would be forthcoming from this SCOTUS.
 

Thundar

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Sep 12, 2007
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4,939
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Newport News, Virginia, USA
DC apparently NOT going to take these cases to SCOTUS. Would have been nice to have a definitive, pro-second amendment ruling, but no guarantee that would be forthcoming from this SCOTUS.
Yes, it would have been nice to take this to SCOTUS and win, but do not underestimate the great significance of this win. We now have a very, very solid bear arms ruling from the DC Circuit. Wrenn directly contradicts the nonsense that we have heard from the 2nd, 3rd and 4th Circuits.

The DC Circuit punted by not choosing to hear the case en banc. I believe they did so in the hopes that the case would arrive at SCOTUS before the president is able to nominate another pro gun justice. This was a gamble on their part, and it looks like they just rolled snake eyes.

What I feared most was an en banc panel that actually upheld the 3 judge panel ruling but substituted much weaker bear arms language in the ruling than what was in the 3 judge panel ruling.

We have the very strong right to bear arms language from this ruling. Gura, Holbrooke and other great 2A attorneys will use it as a club to beat back the 2A 2 step used by anti-gun/anti freedom weasels in Califoria, New Jersey, New York, Maryland, Massachusetts the US Virgin Islands, and elsewhere. (2A 2 step= US Circuit Court Ruling -Step 1: Heller said the right is most acute in the home, therefore outside the home intermediate scrutiny applies. Step 2: Almost anything the state legislates passes intermediate scrutiny because guns are dangerous and we don't want to be responsible for any tragedies.)

Buckle up gun rights fans, the bear arms battle will become intense.
 

Thundar

Regular Member
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Sep 12, 2007
Messages
4,939
Location
Newport News, Virginia, USA
Heller said this, or this is your interpretation of the ruling?
Heller said the need is most acute in the home. This allowed US Circuit Courts to use intermediate scrutiny (actually abuse intermediate scrutiny) to find that almost any restrictions on the right to bear arms are constitutional. This is known as the 2A Two Step. (2A Two Step = Step 1- This is not about keeping arms in the home - therefore intermediate scrutiny applies. Step 2 - any regulation a legislature passes meets intermediate scrutiny.

This case destroys the 2A Two Step. Bear Arms is treated the same as Keep Arms. Laws which exclude lawful citizens from bearing arms (bans and near are impermissible. Laws which regulate will have to meet strict scrutiny standards.

Of course we know this opinion only applies to DC, but it will be used (cited) by our side in all future bear arms cases. It is a powerful and persuasive tool that will be used in the future.

LFOD
Thundar
 

CJ4wd

Regular Member
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Jun 22, 2017
Messages
221
Location
Planet Earth
DC apparently NOT going to take these cases to SCOTUS. Would have been nice to have a definitive, pro-second amendment ruling, but no guarantee that would be forthcoming from this SCOTUS.
There was a report I heard yesterday that the DA from Maryland had contacted the DC attorney, asking him/her to back off. The MD attorney didn't want a precedent that could affect other state's laws, including NJ, NY, MA, IL, etc.
 

357SigFan

Regular Member
Joined
Jan 17, 2007
Messages
148
Location
STL MO, USA
There was a report I heard yesterday that the DA from Maryland had contacted the DC attorney, asking him/her to back off. The MD attorney didn't want a precedent that could affect other state's laws, including NJ, NY, MA, IL, etc.
But doesn't this still set a precedent that could affect those other states?
 
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