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  • krucam

    Ultimate Member
    10/20/2014 73 Memorandum in opposition to re 71 MOTION for Permanent Injunction filed by DISTRICT OF COLUMBIA, CATHY L. LANIER. (Attachments: # 1 Exhibit copy of enrolled versions of legislation, # 2 Text of Proposed Order)(Saindon, Andrew) (Entered: 10/20/2014)

    The District has filed their opposition to the Motion for Permanent Injunction.
     

    Attachments

    • Palmer_73.pdf
      78.6 KB · Views: 159

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,514
    Westminster USA
    He allowed the National Park Carry rider through because he wanted the credit reform bill to pass. Guess it depends on what it might be attached to.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,514
    Westminster USA
    Here's a question for the legal eagles.

    If Sculin grants a permanent injunction against the new carry law, does that lift the stay on the original ban injunction?

    And if DC appeals the PI, what happens to the original injunction? I know the circuit would most likely stay the PI, but what about the original injunction? Are we back to constitutional carry if the circuit grants a stay of the PI?

    Esqappellate? Mark? Bueller? anyone?
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,514
    Westminster USA
    temporary stay or the injunction? So now we will just have a hearing on November 20?

    And if it's enjoined and then appealed d to Circuit, and they grant a stay then we are back to the DC law being in effect?
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,659
    SoMD / West PA
    Right now, it's so flubbed up. It's hard to tell which way is up.

    DC is arguing that the final order has been rendered in the last filing, but it hasn't appealled. Gura & Co. are arguing the new law is the same as the old law since the final order hasn't been cut.
    :shrug:
     

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    What I'd like to know is whether the litigants actually have carry permits. I.e. is Palmer carrying a handgun nowadays. If I were the judge that would be the most important issue.
     

    krucam

    Ultimate Member
    What I'd like to know is whether the litigants actually have carry permits. I.e. is Palmer carrying a handgun nowadays. If I were the judge that would be the most important issue.

    Bingo. I mentioned this a couple of weeks back. The 4 Plaintiffs should have taken the required 16 hours of training (under NRA guidelines for example) and completed the required range time. Then apply on the 1st day (10/22 IIRC) of the Permit System (holding back a laugh) opening up.

    Potentially great fodder for taking back to the 11/20 PI hearing.
     

    redeemed.man

    Ultimate Member
    Apr 29, 2013
    17,444
    HoCo
    Bingo. I mentioned this a couple of weeks back. The 4 Plaintiffs should have taken the required 16 hours of training (under NRA guidelines for example) and completed the required range time. Then apply on the 1st day (10/22 IIRC) of the Permit System (holding back a laugh) opening up.

    Potentially great fodder for taking back to the 11/20 PI hearing.

    From what I read it appeared that the training could be waived by the Chief in many circumstances but specifically based on things such as other state issued carry permits. If this is the situation most of us could try to apply right away without additional training. The Chief refusing to grant any waivers for training even when the law allows it would be a clear indicator that this law is intended to be nearly "no issue".
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,514
    Westminster USA
    With the caveat that the training you took for that permit equals DC's requiremnts. How many permits do you have that required live fire at 15 yards.? what permits do you hold that requires that?

    She'll find every little excuse to deny us. She could even deny those of us with a DD214 since most of us didn't qualify with a handgun in basic training, let alone 50 rounds at 15 yards.

    “(5) Has completed at least two hours of range training conducted by an 127
    instructor certified by the Chief, including shooting a qualification course of 50 rounds of 128
    ammunition from a maximum distance of 15 yards (45 feet); and
    “(c) An applicant shall be exempt from the requirements of subsection (a)(4) and (5) if 136
    he or she has submitted evidence that he or she has received firearms training in the United 137
    States military, or has otherwise completed firearms training conducted by a firearms instructor 138
    that, as determined by the Chief, is equal to or greater than that required under subsection (a)(4) 139
    and (5). 140
    “(d) An applicant for a license to carry a concealed pistol pursuant to section 6(b) of this 141
    section may satisfy any component of the requirements of subsection (a)(4) and (5) by 142
    demonstrating to the satisfaction of the Chief that the applicant has met that particular 143
    component as part of a successful application to carry a pistol concealed upon his or her person 144
    issued by the lawful authorities of any state or subdivision of the United States.
    ]
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,927
    WV
    With the caveat that the training you took for that permit equals DC's requiremnts. How many permits do you have that required live fire at 15 yards.? what permits do you hold that requires that?

    She'll find every little excuse to deny us. She could even deny those of us with a DD214 since most of us didn't qualify with a handgun in basic training, let alone 50 rounds at 15 yards.

    ]

    Hmmm....It says 50 rounds from a maximum distance of 15 yards. I have a certificate of 50 rounds from the 7 yard line from an NRA instructor, plus 1st Steps and Basic Pistol courses, plus several CCWs. Maybe I should apply.......
    Nah, not yet. The plaintiffs need to do this to try to keep this going. DC's response leads me to believe they aren't appealing their total ban.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,514
    Westminster USA
    But does it require 15 yards? It's pretty specific.

    I don't see them appealing the total ban either. Why bother now?. What they have now may be better. Like MD, essentially may/no issue while telling the courts "sure we issue permits."

    right.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,927
    WV
    From what I read it appeared that the training could be waived by the Chief in many circumstances but specifically based on things such as other state issued carry permits. If this is the situation most of us could try to apply right away without additional training. The Chief refusing to grant any waivers for training even when the law allows it would be a clear indicator that this law is intended to be nearly "no issue".

    Yea the law is vague as hell. In addition to the training (which the Chief can basically decide is good or not), there's no mention of fees or a time frame on the entire process. So someone could apply and DC sits on the application claiming the law doesn't specify the time frame. Gura may need to use the old "dog ate my homework" excuse so when he goes before Judge Scullin again he has a few denied applications in hand.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,514
    Westminster USA
    I am not clear, if you are out of state, does the gun still need to be registered in DC?

    added

    “(b) A person who carries a concealed pistol licensed pursuant section 6 shall have on or 179
    about his or her person each time the pistol is carried in the District of Columbia: 180
    “(1) The license issued pursuant to section 6; and 181
    “(2) The registration certificate for the pistol being carried, issued pursuant to the 182
    Firearms Control Regulations Act of 1975, effective September 24, 1975 (D.C. Law 1-85; D.C. 183
    Official Code § 7-2501.01 et seq.).
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,927
    WV
    But does it require 15 yards? It's pretty specific.

    I don't see them appealing the total ban either. Why bother now?. What they have now may be better. Like MD, essentially may/no issue while telling the courts "sure we issue permits."

    right.

    It says maximum, that tells me 15 yards isn't exclusive. Who knows though.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,514
    Westminster USA
    The way I read it, yes. I don't see any loopholes for non-residents.

    So can you be issued a carry permit without your gun being registered? doesn't seem so to me.

    Another way for DC to slow down the process before the Nov 20 hearing.

    “(2) Meets all of the requirements for a person registering a firearm pursuant to 105
    the Firearms Control Regulations Act of 1975, effective September 24, 1976 (D.C. Law 1-85; 106
    4
    DRAFT
    D.C. Official Code § 7-2501.01 et seq.), and has obtained a registration certificate pursuant to 107
    that act for the pistol that the person is applying to carry concealed; 108
     

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