Hanson V DC, The DC Magazine Capacity Case

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  • Ismee

    Active Member
    Jan 6, 2018
    150
    Is this the Plaintiffs attempt at history and tradition?

    24
    Jan 23, 2023
    REPLY to opposition to motion re 8 MOTION for Preliminary Injunction filed by NATHAN CHANEY, ANDREW HANSON, ERIC KLUN, TYLER YZAGUIRRE. (Attachments: # 1 Declaration Ex. 1 Hanish Declaration, # 2 Declaration Ex. 2 Helsley Declaration, # 3 Declaration Ex. 3 Hlebinsky Declaration, # 4 Declaration Ex 4 Givens Declaration, # 5 Declaration Ex. 5 Harnish Declaration, # 6 Declaration Ex. 6 Murphy Declaration, # 7 Declaration Ex. 7 Ellifritz Declaration, # 8 Declaration Ex. 8 Werner Declaration, # 9 Exhibit Ex. 9 Examples of marketing of guns with magazines in excess of 10 rounds for self-defense, # 10 Declaration Ex. 10 Swearer Declaration, # 11 Exhibit Ex 11 Testimony of Massad Ayoob, # 12 Exhibit Ex, 12 Kopel,Bowie knife statutes, # 13 Exhibit Ex. 13 Virginia historic machine gun statute, # 14 Declaration Ex. 14 Cramer Declaration, # 15 Declaration Ex, 15 Kleck Declaration)(Lyon, George) (Entered: 01/23/2023)
    Main Doc
    Reply to opposition to motion

     

    Longhorse

    MSI Member
    MDS Supporter
    Jul 8, 2021
    161
    Is this the Plaintiffs attempt at history and tradition?

    24
    Jan 23, 2023
    REPLY to opposition to motion re 8 MOTION for Preliminary Injunction filed by NATHAN CHANEY, ANDREW HANSON, ERIC KLUN, TYLER YZAGUIRRE. (Attachments: # 1 Declaration Ex. 1 Hanish Declaration, # 2 Declaration Ex. 2 Helsley Declaration, # 3 Declaration Ex. 3 Hlebinsky Declaration, # 4 Declaration Ex 4 Givens Declaration, # 5 Declaration Ex. 5 Harnish Declaration, # 6 Declaration Ex. 6 Murphy Declaration, # 7 Declaration Ex. 7 Ellifritz Declaration, # 8 Declaration Ex. 8 Werner Declaration, # 9 Exhibit Ex. 9 Examples of marketing of guns with magazines in excess of 10 rounds for self-defense, # 10 Declaration Ex. 10 Swearer Declaration, # 11 Exhibit Ex 11 Testimony of Massad Ayoob, # 12 Exhibit Ex, 12 Kopel,Bowie knife statutes, # 13 Exhibit Ex. 13 Virginia historic machine gun statute, # 14 Declaration Ex. 14 Cramer Declaration, # 15 Declaration Ex, 15 Kleck Declaration)(Lyon, George) (Entered: 01/23/2023)
    Main Doc
    Reply to opposition to motion



    So what does this mean? I'm not seeing a viewable main document currently.
     

    Sunrise

    Ultimate Member
    Aug 18, 2020
    4,573
    Capital Region
    So what does this mean? I'm not seeing a viewable main document currently.
    You'd have to pay for access to the filing, but it means that this case is still going forward. However, there's an issue which the Plaintiff's Attorney needs to address by 1/31/2023:


    Tuesday, January 24, 2023
    NOTICE of Provisional/Government Not Certified Status re24 REPLY to opposition to motion re8 MOTION for Preliminary Injunction filed by NATHAN CHANEY, ANDREW HANSON, ERIC KLUN, TYLER YZAGUIRRE.(Lyon, George). Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 1/31/2023. (zbaj)

    Hope that gets sorted out quickly.
     

    Sunrise

    Ultimate Member
    Aug 18, 2020
    4,573
    Capital Region
    That's a big oops!
    Oops is right. Bad timing.

    Attorney Renewal and Government Certification
    In compliance with the United States District Court for the District of Columbia's Local Rule 83.9(a), each member of the bar of this Court shall renew his or her membership every three years by filing with the Clerk of the Court a renewal certificate and pay a renewal fee in the amount of $25.00.
    Hope it's resolved without issue.
     
    Last edited:

    Longhorse

    MSI Member
    MDS Supporter
    Jul 8, 2021
    161
    You'd have to pay for access to the filing, but it means that this case is still going forward. However, there's an issue which the Plaintiff's Attorney needs to address by 1/31/2023:




    Hope that gets sorted out quickly.

    Hopefully so. That issue doesn’t exactly inspire confidence though.
     

    Kanly

    Active Member
    Feb 15, 2012
    266
    Washington, DC
    When I was trying to get a CCW permit issue cleared up (some bad info was going around) Mr. Lyon had a very long and substantive email exchange with me and answered a lot of questions just for the hell of it.

    My understanding is he is very well-regarded in the 2A arena and has had some major success in suing DC -- was involved with both Heller and Palmer.

    This must have just been a dumb mistake.
     

    Sunrise

    Ultimate Member
    Aug 18, 2020
    4,573
    Capital Region
    When I was trying to get a CCW permit issue cleared up (some bad info was going around) Mr. Lyon had a very long and substantive email exchange with me and answered a lot of questions just for the hell of it.

    My understanding is he is very well-regarded in the 2A arena and has had some major success in suing DC -- was involved with both Heller and Palmer.

    This must have just been a dumb mistake.
    Yeah, he's got a great reputation from what I've heard too. No doubt he's got a lot on his plate. Must have been an accidental oversight on his part. If we're able to finally carry "high capacity magazines" and carry on public transit when in DC, it'll be because of his heavy lifting.
     

    Sunrise

    Ultimate Member
    Aug 18, 2020
    4,573
    Capital Region
    Hopefully so. That issue doesn’t exactly inspire confidence though.
    He's probably been so focused on drafting the legal briefs that this administrative stuff slipped his mind. I just hope that the DC District Court doesn't leverage it against him in any way and slow walk his renewal such that it affects his filings. What the Judges don't run there the office staff does, and it's probably easy for them to park things in a pile through "malicious compliance".
     

    Longhorse

    MSI Member
    MDS Supporter
    Jul 8, 2021
    161
    He's probably been so focused on drafting the legal briefs that this administrative stuff slipped his mind. I just hope that the DC District Court doesn't leverage it against him in any way and slow walk his renewal such that it affects his filings. What the Judges don't run there the office staff does, and it's probably easy for them to park things in a pile through "malicious compliance".

    That’s fair. I think my comment may have come across more critical than I intended. I didn’t realize it was Mr. Lyons specifically. His reputation precedes him and he seems to have done some great things for the 2A in DC. Mistakes happen and you’re right, he’s probably more focused on the actual case, and rightly so. I also hope they don’t try to slow roll his renewal.

    Based on his reputation here, I’d certainly be interested in training with him.
     

    Ismee

    Active Member
    Jan 6, 2018
    150
    Tuesday, March 21, 2023
    order .Order Tue 03/21 1:15 PM
    MINUTE ORDER: It is hereby ORDERED that the parties shall appear before the Court on April 13, 2023 at 10:00 a.m. in Courtroom 23 for oral argument on8 Plaintiffs' Motion for a Preliminary Injunction. The parties are advised that the procedures set forth in Local Civil Rule 65.1(d) shall govern this hearing. SO ORDERED. Signed by Judge Rudolph Contreras on 3 21-2023 (lcrc3)
     

    Sunrise

    Ultimate Member
    Aug 18, 2020
    4,573
    Capital Region
    Tuesday, March 21, 2023
    order .Order Tue 03/21 1:15 PM
    MINUTE ORDER: It is hereby ORDERED that the parties shall appear before the Court on April 13, 2023 at 10:00 a.m. in Courtroom 23 for oral argument on8 Plaintiffs' Motion for a Preliminary Injunction. The parties are advised that the procedures set forth in Local Civil Rule 65.1(d) shall govern this hearing. SO ORDERED. Signed by Judge Rudolph Contreras on 3 21-2023 (lcrc3)
    Glad to see this is finally moving along.

    I sure hope we win this.
     

    Sunrise

    Ultimate Member
    Aug 18, 2020
    4,573
    Capital Region
    Glad to see this is finally moving along.

    I sure hope we win this.
    Good luck at the motion hearing tomorrow, Mr. Lyon.

    I finally bothered to look this Judge up: https://en.wikipedia.org/wiki/Rudolph_Contreras

    Rudolph Contreras (born December 6, 1962) is a United States district judge of the United States District Court for the District of Columbia. He also serves as Presiding Judge on the United States Foreign Intelligence Surveillance Court.

    In December 2017 he briefly presided over the case of former national security adviser Michael Flynn, accepting Flynn's guilty plea, but was later recused from the case.


    Interesting....
     
    Last edited:

    Kanly

    Active Member
    Feb 15, 2012
    266
    Washington, DC
    Not surprising at all:

    From FPC Action Foundation today: "A DC federal judge has denied a motion for preliminary injunction against the district's magazine ban, saying it "keeps the advantage police have over armed civilians" and they "are not covered by the [2A] because they are most useful in military service."

    Ruling

    It's like these judges have never heard of Miller.
     

    Kanly

    Active Member
    Feb 15, 2012
    266
    Washington, DC
    It was bad enough when all the circuit courts adopted Stevens' 2A two-step dissent as if it was the majority opinion but this marks the latest circuit court to just be in utter open defiance of Bruen and Miller.

    Hopefully the Supreme Court and Thomas can deliver another Hammer of Thor smackdown asap.
     

    Sunrise

    Ultimate Member
    Aug 18, 2020
    4,573
    Capital Region
    It was bad enough when all the circuit courts adopted Stevens' 2A two-step dissent as if it was the majority opinion but this marks the latest circuit court to just be in utter open defiance of Bruen and Miller.

    Hopefully the Supreme Court and Thomas can deliver another Hammer of Thor smackdown asap.
    Agreed. Hopefully so. This is a disgrace.
     

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