Hanson V DC, The DC Magazine Capacity Case

[Ismee]

Wednesday, May 03, 2023

29 motion Stay Wed 05/03 7:17 PM Joint MOTION to Stay Proceedings Pending Appeal by ROBERT J. CONTEE, III, DISTRICT OF COLUMBIA.(Saindon, Andrew)

Att: 1 Text of Proposed Order

Hmmmm?

 

[Sunrise]

Wednesday, May 03, 2023

29 motion Stay Wed 05/03 7:17 PM Joint MOTION to Stay Proceedings Pending Appeal by ROBERT J. CONTEE, III, DISTRICT OF COLUMBIA.(Saindon, Andrew)

Att: 1 Text of Proposed Order

Hmmmm?

Well that's certainly interesting....

What would explain this?

 

[motorcoachdoug]

What in the World???? Could it be that since he leaving he might change his mind?

 

[Tomcat]

Can someone give a synopsis of this? Links go to a pay site

 

[BurkeM]

Here's the latest filing- no charge.

MEMORANDUM OPINION DENYING PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION

For the reasons described below, the Court concludes that the District’s LCM ban is constitutional, and therefore Plaintiffs have not shown likelihood of success on the merits. The Court will thus deny Plaintiffs’ motion for a preliminary injunction.

----------------

JOINT MOTION TO STAY PROCEEDINGS PENDING APPEAL

The Parties jointly move to stay proceedings pending Plaintiffs’ appeal of the Court’s
denial of Plaintiffs’ motion for a preliminary injunction. As discussed in the accompanying
memorandum of points and authorities, a stay is warranted because it will preserve the Parties’
resources, promote judicial efficiency, and no party will be prejudiced. A proposed order is
attached.

 

[jcutonilli]

Well that's certainly interesting....

What would explain this?

The plaintiffs are appealing. They are stopping (staying) the district case so the plaintiffs can appeal. It does not mean much.

If anyone wants access to the entire docket

HANSON v. DISTRICT OF COLUMBIA, 1:22-cv-02256 - CourtListener.com

Docket for HANSON v. DISTRICT OF COLUMBIA, 1:22-cv-02256 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.

www.courtlistener.com

 

[Sunrise]

Wednesday, May 03, 2023

29 motion Stay Wed 05/03 7:17 PM Joint MOTION to Stay Proceedings Pending Appeal by ROBERT J. CONTEE, III, DISTRICT OF COLUMBIA.(Saindon, Andrew)

Att: 1 Text of Proposed Order

Hmmmm?

It appears there's a May 4, 2023 entry now:

HANSON v. DISTRICT OF COLUMBIA, 1:22-cv-02256 - CourtListener.com

Docket for HANSON v. DISTRICT OF COLUMBIA, 1:22-cv-02256 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.

www.courtlistener.com

May 4, 2023 Order on Motion to Stay

 

[teratos]

They were very clear in Heller and Bruen that the "dangerous and unusual weapons" can be prohibited. The question that remains is to figure out what should be included and what should be excluded from 2A protection.

It is "dangerous AND unusual", not "dangerous OR unusual". Thus the "common use test".

All weapons are dangerous, or they wouldn't be weapons. AR-15's are NOT unusual.

 

[River02]

No, AR-15s and their ilk are precisely among the class of firearms/weapons the founders had in mind when drafting the 2A.

 

[whistlersmother]

No, AR-15s and their ilk are precisely among the class of firearms/weapons the founders had in mind when drafting the 2A.

Those in current government can't fathom that it would be tyrannical and can't understand why such things would be needed.

The founders knew better...

 

[Ismee]

Dupe

 

[jcutonilli]

It is "dangerous AND unusual", not "dangerous OR unusual". Thus the "common use test".

All weapons are dangerous, or they wouldn't be weapons. AR-15's are NOT unusual.

It is a little more ambiguous than you are suggesting. Heller uses both. The Blackstone reference after SCOTUS's use of "dangerous and unusual" lists "dangerous or unusual". I don't believe it really matters because both words are getting at the same thing. It is really about society. They did ban things when the only use was associated with criminality. Look at the reasons why concealed carry was banned. The Bowie knife seems to follow the same pattern.

How do we know there are legitimate uses of AR-15s"? The government uses them in society.

 

[Ismee]

Thursday, May 04, 2023

order Order on Motion to Stay Thu 05/04 10:42 AM MINUTE ORDER granting29 Joint Motion to Stay Proceedings Pending Appeal: It is hereby ORDERED that this matter is STAYED until further order of the Court. SO ORDERED. Signed by Judge Rudolph Contreras on 5 4-2023 (lcrc3)

 

[Sunrise]

Thursday, May 04, 2023

order Order on Motion to Stay Thu 05/04 10:42 AM MINUTE ORDER granting29 Joint Motion to Stay Proceedings Pending Appeal: It is hereby ORDERED that this matter is STAYED until further order of the Court. SO ORDERED. Signed by Judge Rudolph Contreras on 5 4-2023 (lcrc3)

Thanks. So I'm guessing it's going to be a while until this works its way through an appeal on this specific issue?

 

[jcutonilli]

Thanks. So I'm guessing it's going to be a while until this works its way through an appeal on this specific issue?

It will be a while at the district level. They will likely appeal all the way to SCOTUS

 

[Sunrise]

It will be a while at the district level. They will likely appeal all the way to SCOTUS

A very long road ahead then...

 

[Ismee]

Maybe now we'll get some traction!

Tuesday, May 16, 2023

30 appeal Notice of Appeal to DC Circuit Tue 05/16 3:42 PM NOTICE OF APPEAL TO DC CIRCUIT COURT by NATHAN CHANEY, ANDREW HANSON, ERIC KLUN, TYLER YZAGUIRRE. Filing fee $ 505, receipt number ADCDC-10072470. Fee Status: Fee Paid. Parties have been notified. (Lyon, George)

 

[Ismee]

May 17, 2023
USCA Case Number
31
May 17, 2023
Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid re 30 Notice of Appeal to DC Circuit Court. (ztth) (Entered: 05/17/2023)
Main Doc
Transmission of Notice of Appeal and Docket Sheet to USCA
30
May 16, 2023
NOTICE OF APPEAL TO DC CIRCUIT COURT by NATHAN CHANEY, ANDREW HANSON, ERIC KLUN, TYLER YZAGUIRRE. Filing fee $ 505, receipt number ADCDC-10072470. Fee Status: Fee Paid. Parties have been notified. (Lyon, George); Modified on 5/17/2023 to add docket entry relationships. (ztth). (Entered: 05/16/2023)
Main Doc
Notice of Appeal to DC Circuit

pdf as link

https://storage.courtlistener.com/recap/gov.uscourts.dcd.245852/gov.uscourts.dcd.245852.30.0.pdf

 

[Sunrise]

Nice. Hopefully so.

I’ve already picked out what I’ll get when we finally prevail:

Glock 19 Gen 5 MOS
Holosun EPS Carry Green MRS
Streamlight TLR-7A

 

[Sunrise]

Manipulation #1 is that includes AD's , suicides . and putting down injured animals . Remove those , and the average jumps to something like 3.7 rounds fired in actual defensive situiations .

This is a great point, and it's true except in the case of the Clinton's. "Suicides" involving them involve multiple rounds fired.