VICTORY IN PALMER!!!!

swinokur · Oct 21, 2014

Nothing. they can play this cat and mouse game as long as they like IMO.

They're not spending their own money. They're spending the taxpayers money. they don't care because "they're special".

swinokur · Oct 21, 2014

"Your honor we can't issue these applicants a permit because they have not yet registered their firearm with DC."

see how this works?

press1280 · Oct 21, 2014

marylandmark said:
What is the danger of DC granting the original 4 permits and then go in front of the Judge and say "See Your Honor, we issue permits" and then deny the rest of us?

Then they'll open themselves up to an equal protection challenge. One thing to note is DC's emergency law keeps permit holder's info hidden from public view. While that's fine in a shall-issue system, it's a problem for may-issues. You know some cronies with no real threats will get permits. Once it gets out the city has egg on its face and it gives more incentive to Congress to just slap them down.

press1280 · Oct 21, 2014

swinokur said:
"Your honor we can't issue these applicants a permit because they have not yet registered their firearm with DC."

see how this works?

The resident plaintiffs here should have that covered. IIRC, each also has CCWs from other states so possibly they'll have the training down, IF the Chief accepts that.

swinokur · Oct 21, 2014

perhaps she'll allow the plaintiffs permits to avoid Gura bringing that up, then deny everyone else, including non resident applicants.

I was referring to non resident applicants who haven't registered their handguns. Sorry if I confused the issue. bad wording on my part.

kcbrown · Oct 21, 2014

press1280 said:
Then they'll open themselves up to an equal protection challenge.

Which is almost impossible to win, because you have to somehow convince the court that the plaintiff is "similarly situated", which many courts will translate to "equally situated".

Why else do you think equal protection suits are generally not brought where the law exempts LEOs?

krucam · Oct 21, 2014

swinokur said:
perhaps she'll allow the plaintiffs permits to avoid Gura bringing that up, then deny everyone else, including non resident applicants.

I was referring to non resident applicants who haven't registered their handguns. Sorry if I confused the issue. bad wording on my part.

The Opposition Brief almost calls out the Plaintiffs on this point (pg 8/21). Almost poking at the Plaintiffs.

Plaintiffs seek injunctive relief on a new claim, but have not applied for licenses under
the new law; well-settled law mandates that a claim of irreparable injury “must be certain and
great; it must be actual and not be theoretical.” Wisconsin Gas Co. v. FERC, 758 F.2d 669, 674
(D.C. Cir. 1985) (per curiam). See also, e.g., Wash. State Grange v. Wash. State Republican
Party, 552 U.S. 442, 450 (2008) (noting “the fundamental principle of judicial restraint that
courts should neither anticipate a question of constitutional law in advance of the necessity of
deciding it nor formulate a rule of constitutional law broader than is required by the precise facts
to which it is to be applied” (citations and internal quotation marks omitted)).6 Plaintiffs have
not met this standard and thus their request for relief must fail.

We will have a Reply Brief from SAF well before the 11/20 date.

Inigoes · Oct 21, 2014

krucam said:
The Opposition Brief almost calls out the Plaintiffs on this point (pg 8/21). Almost poking at the Plaintiffs.

We will have a Reply Brief from SAF well before the 11/20 date.

Which is awesome

Scullin directed the plaintiffs to be allowed to exercise their 2A right, not beg for permission.

GTOGUNNER · Oct 21, 2014

Inigoes said:
Which is awesome

Scullin directed the plaintiffs to be allowed to exercise their 2A right, not beg for permission.

If I recall correctly. At least one of the plaintiffs does not live in DC.

press1280 · Oct 22, 2014

GTOGUNNER said:
If I recall correctly. At least one of the plaintiffs does not live in DC.

Correct

press1280 · Oct 22, 2014

kcbrown said:
Which is almost impossible to win, because you have to somehow convince the court that the plaintiff is "similarly situated", which many courts will translate to "equally situated".

Why else do you think equal protection suits are generally not brought where the law exempts LEOs?

Silveira v Lockyer got the retired LEO exemption for certain assault weapons tossed. Active LEO exemptions are untouchable.
In CA, several counties were forced to provide the "good cause" statements minus any personal info. Those counties fought tooth and nail, for obvious reasons. The plaintiffs here have had some run ins with bad guys, but those have been completely random. That opens the door to a lot of permits. And I'm sure one or two will put "self defense" down as their cause.

Ack Ack · Oct 22, 2014

I've been keeping eye on the DC MPD web page for the procedures/forms/cost to apply for CCW. Still nothing posted there, but they do have the info on how to become a CCW instructor.

GTOGUNNER · Oct 22, 2014

Ack Ack said:
I've been keeping eye on the DC MPD web page for the procedures/forms/cost to apply for CCW. Still nothing posted there, but they do have the info on how to become a CCW instructor.

http://mpdc.dc.gov/node/927182
Wow,, $435 for a 2 year license..

1. Complete the Firearms Training Instructor Application, including signing and dating the form.
2. Attach proof of your formal training in the care, safety, and use of firearms, which can include a current Law Enforcement Instructor identification card issued by the National Rifle Association or Instructor Certification from the Department of Criminal Justice Services Private Security Services.
3. Attach proof that you have had at least one year of experience in instruction in the care, safety, and use of handguns.
4. Attach a detailed syllabus describing the methods and materials you will use to conduct the firearms training for a concealed carry license. The course materials must meet the requirements of the Firearms Regulations Control Act and must refer to the information provided by the Metropolitan Police Department on District of Columbia law on self-defense.
5. Include a cashier’s check, certified check, or money order payable to the D.C. Treasurer in the amount of $435 for a two-year certification. No personal checks, credit cards, or cash are accepted.

Emphasis mine..

Fred

esqappellate · Oct 22, 2014

krucam said:
The Opposition Brief almost calls out the Plaintiffs on this point (pg 8/21). Almost poking at the Plaintiffs.
.

That position is hardly surprising. It was anticipated in Gura's motion in noting that the new law is but a copy of the old law under which permits were denied

Boxcab · Oct 23, 2014

3. Attach proof that you have had at least one year of experience in instruction in the care, safety, and use of handguns.

What does this mean?

CypherPunk · Oct 23, 2014

Boxcab said:
What does this mean?

http://www.mdshooters.com/showthread.php?p=3461224#post3461224

CypherPunk · Oct 23, 2014

Currently un-indicted Mayor-Elect Bowser was just interviewed on WMAL.

She as much as said that traveling in a high crime area will not be considered G&S.

She added, that DC has an interest in limiting "weapons" on DC streets, because of sensitive areas and delegations.

CypherPunk · Oct 23, 2014

Chief Lanier's talking points
http://mpdc.dc.gov/sites/default/fi.../TESTIMONY_Concealed Carry_10 16 14_FINAL.pdf

swinokur · Oct 23, 2014

WMAL is reporting that carry permit procedures are on line at the MPDC web site.

Found it

http://mpdc.dc.gov/page/gun-registration-renewal-and-license-carry

mdram · Oct 23, 2014

http://mpdc.dc.gov/node/929382

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