Lane Decision. Held: No standing

[esqappellate]

Opinion attached. Note this was argued the day before Woollard to a different panel of judges.

 

[PJDiesel]

Huh.

Wish Woollard would move long this quickly (with better results of course).

 

[krucam]

No injury due to Mr Syke's being able to set up his FFL in DC at the Metro PD building. This all happened after the case was filed in District.

Yes, DC mooted this one into a case without Injury, ergo no Standing...

Sucks, this one was a well-intentioned case with good potential until DC mooted it.

 

[press1280]

No injury due to Mr Syke's being able to set up his FFL in DC at the Metro PD building. This all happened after the case was filed in District.

Yes, DC mooted this one into a case without Injury, ergo no Standing...

Sucks, this one was a well-intentioned case with good potential until DC mooted it.

I still think its BS that DC residents have to pay $125 transfer fee, or the fact that rifles can be purchased across state lines but not handguns.
However those issues are not low hanging fruit at this time and it'll be an uphill battle. This will be a fight for another day.

 

[Southwest Chuck]

Will Gura / SAF be able to collect fees?

 

[Maestro Pistolero]

Will Gura / SAF be able to collect fees?

I would think not.

 

[fightinbluhen51]

I would think not.

No. And actually I do beleive the district can file for fees against the plaintiffs.

 

[EL1227]

No injury due to Mr Syke's being able to set up his FFL in DC at the Metro PD building. This all happened after the case was filed in District.

Yes, DC mooted this one into a case without Injury, ergo no Standing...

Sucks, this one was a well-intentioned case with good potential until DC mooted it.

Wanna bet that Mr. Sykes' District-sponsored FFL location will go the way of budget cuts or some other lame excuse to do away with the only legitimate way to import a handgun into DC now that the case has been mooted ?

I wonder what Emily Miller will have to say about it since she had many words regarding 'the process' in her series ?

 

[press1280]

Wanna bet that Mr. Sykes' District-sponsored FFL location will go the way of budget cuts or some other lame excuse to do away with the only legitimate way to import a handgun into DC now that the case has been mooted ?

I wonder what Emily Miller will have to say about it since she had many words to say about 'the process' in her series ?

Oh no they won't. The $125 dollar fee plus all of DC's burdensome regulations are enough of a deterrent to keep legal gun owners at a minimum.

 

[esqappellate]

No. And actually I do beleive the district can file for fees against the plaintiffs.

They could but would almost certainly not get them. 1983 fees, while supposedly available to all prevailing parties, in reality are only awarded to prevailing plaintiffs, not defendants. Lots of precedent on this.

 

[esqappellate]

Will Gura / SAF be able to collect fees?

Not a penny

 

[esqappellate]

Petition for rehearing and rehearing en banc filed today. REads well, but I don't have a lot of hope for this one. No dissent.

 

[Les Gawlik]

I think this could easily have gone either way on the standing issue. I read the opinion as saying "condoms, cars and chardonnay good, guns bad." I think the distinctions in the cases they cited are specious.

 

[esqappellate]

I think this could easily have gone either way on the standing issue. I read the opinion as saying "condoms, cars and chardonnay good, guns bad." I think the distinctions in the cases they cited are specious.

I agree with Gura on this. The standing holding is egregiously wrong.

 

[press1280]

I agree with Gura on this. The standing holding is egregiously wrong.

Well how does this work if they vote no on en banc? Can he then petition SCOTUS on the standing issue, or can they rule on the merits.

 

[jrosenberger]

I agree with Gura on this. The standing holding is egregiously wrong.

Well, maybe we'll get to find out if 5 justices also agree: http://gurapossessky.com/wordpress/wp-content/uploads/lane_cert_petition.pdf

 

[Les Gawlik]

These decisions are not just bad, they are outrageously bad. However, like the IRS scandal, the AP scandal and the Benghazi scandal, each is evidence that we have a government of personal whim, and not a government of law. Too bad we lost (or perhaps, optimistically, "misplaced") the things that made America great.

 

[press1280]

Looks like this is only challenging the standing.

 

[jrosenberger]

Looks like this is only challenging the standing.

That's because lack of standing was the only holding at the circuit level. They ruled that the plaintiffs lacked standing to sue in the first place, so they didn't reach the merits.

 

[Fox123]

Preview of the case that is currently filed here in MD? Now that MSP has sent their letter out, mooting any standing that MSI and The dealers association has?