DC Public Transportation Carry Ban Lawsuit

[Sunrise]

This absolute clown: "An individual who was in severe crisis...", "We have a loss of life..."

It's so "easy to access" a legal gun in DC that I just hopped over to the gun store and the range there yesterday.

Also see this Thread from 6/28/2020:



Especially:

 

[RFBfromDE]

The cliche laden douche forgot to roll up his sleeves before doing the hard work that still needs to be done.

 

[GTOGUNNER]

The case is a little easier to follow here. https://www.courtlistener.com/docket/63560368/angelo-v-district-of-columbia/

 

[Sunrise]

The case is a little easier to follow here. https://www.courtlistener.com/docket/63560368/angelo-v-district-of-columbia/

Thanks.

While Court Listener doesn't show this most recent filing yet, it should actually be viewable on it eventually for free given how the 6/30/2022 Complaint is viewable there. PacerMonitor is current for the filing, but it requires a subscription to view the Amended Complaint. Hopefully Court Listener is updated soon so we can see/read it.

 

[Sunrise]

The cliche laden douche forgot to roll up his sleeves before doing the hard work that still needs to be done.

The Soy/NPR levels with this clown are off the charts. He shouldn't have an issue rolling up his sleeves given his lack of biceps.

 

[GTOGUNNER]

Thanks.

While Court Listener doesn't show this most recent filing yet, it should actually be viewable on it eventually for free given how the 6/30/2022 Complaint is viewable there. PacerMonitor is current for the filing, but it requires a subscription to view the Amended Complaint. Hopefully Court Listener is updated soon so we can see/read it.

PacerMonitor lists fillings from newest (top of page) to oldest, Court Listener lists from oldest (top of page) to newest. I was able to read/ download doc#34 well before I sent the link.

 

[jbrown50]

Here's an email from George Lyon on Jan 30th clarifying the DC standing 'irregularity' and what the plan is moving forward

I wanted to update you on where things stand with our litigation against DC on concealed carry issues.

First, you may have heard that the court denied our preliminary injunction request with respect to the Metro carry lawsuit. The court did so on “standing” grounds. The DC Circuit has a standing doctrine that in non-first amendment cases and cases not involving administrative regulation review, a litigate must be threatened with prosecution to contest an arguably unconstitutional law. Funny that this has only been applied in second amendment litigation. This doctrine is contrary to the practice in other federal circuits and contrary to Supreme Court precedent. We are amending our complaint to strengthen our standing claim and to more sharply focus the conflict between the D.C. Circuit and other circuits with the expectation this case could go all the way to the Supremes. The amended complaint will be filed Wednesday.

We are also fighting D.C.’s 10 round magazine limitation. Standing is not an issue in that case at this point. We filed our reply to DC’s opposition to our preliminary injunction request earlier this month. That matter is pending with the judge.

I expect to file additional actions against DC in the coming months.

 

[Sunrise]

PacerMonitor lists fillings from newest (top of page) to oldest, Court Listener lists from oldest (top of page) to newest. I was able to read/ download doc#34 well before I sent the link.

Whoops. My mistake. Thanks.

 

[Sunrise]

Here's an email from George Lyon on Jan 30th clarifying the DC standing 'irregularity' and what the plan is moving forward

George Lyon really threw "standing" and the lack of "disclaimed prosecution" right back in the Judge's face this time.

The letters he sent were amazing:

DC Attorney General Schwalb/MPD Chief Contee:
"Counsel further stated that in light of the above, and in light of the obvious unconstitutionality of the Metro carry ban, “this is to ask you to waive enforcement of the Metro carry ban as to my clients.” An identical copy of the letter emailed to General Schwalb was emailed to Defendant Chief Contee."

WMATA-PD Chief Anzallo:
"The letter asked Chief Anzallo “to waive enforcement of the Metro carry ban as to my clients and enter into a non-prosecution agreement” with respect to Plaintiffs’ carrying their firearms on the Metro system. Chief Anzallo has not yet responded to the letter."

One of the Plaintiffs, Dr. Miller, has a $250,000 collection of firearms. Impressive!

Here's what's next:

Defendants shall have until March 3, 2023 to file their response to any amended complaint or if no amended complaint is filed, then to file their response to the existing complaint.

Should Plaintiffs renew their motion for a preliminary injunction, Defendants will have 60 days from the date such renewed motion is filed to respond. Plaintiffs will then have 30 days to reply to Defendant’s’ response.

It's a long road ahead....

 

[Sunrise]

Here's an email from George Lyon on Jan 30th clarifying the DC standing 'irregularity' and what the plan is moving forward

I'm wondering what else he's got planned for future actions against DC. He's being smart the way he's doing it. Single issue cases keeps things clear/strong and he's establishing precedent (or using other other established precedent which arises from other jurisdictions) as he's moving forward.

 

[Sunrise]

The consequences of “Defund the Police”:

https://www.washingtonpost.com/transportation/2023/02/02/metro-potomac-avenue-shooting

Meanwhile, transit union officials continued to push for more police officers on buses, saying they have long warned Metro of escalating attacks on transit workers since the start of the pandemic.

Union’s had enough I guess…

There’s a GoFundMe for the deceased Metro Worker’s Family which has raised nearly $70K: https://www.gofundme.com/f/family-fund-for-heroic-metro-employee

RIP.

A trained concealed carrier could have taken out this criminal in a matter of seconds.

We’re going to continue to see more needless deaths and injuries on public transit in DC until this carry ban law is overturned.

 

[Ismee]

Is this being expedited?

Thursday, February 02, 2023 service Summons Returned Executed as to DC Attorney General Thu 02/02 8:16 PM RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 2/2/2023. Answer due for ALL D.C. DEFENDANTS by 2/23/2023. (Lyon, George)

 

[Sunrise]

I am putting $20 down on "not his 1st offense"

Winner winner:

DC Metro Shooter Had Prior Assault Dismissed by Progressive DA

A gunman who killed a transit employee and wounded three bystanders at a Washington, D.C., Metro station on Wednesday had a prior assault dismissed last year by a progressive prosecutor.

freebeacon.com

 

[Biggfoot44]

The consequences of “Defund the Police”:

https://www.washingtonpost.com/transportation/2023/02/02/metro-potomac-avenue-shooting

Meanwhile, transit union officials continued to push for more police officers on buses, saying they have long warned Metro of escalating attacks on transit workers since the start of the pandemic.

Union’s had enough I guess…

Actually , that has been an internal issue for a long time . Bubbling along since forever , but really coming to a head in the past 2- 5 years .

Rank & File MTPD patrol offices ( uniquely rank & file are on foot , not vehicles ) are disproportionately in the Rail side , and not the Bus side . ( Admittedly , in this instance of bus bays at rail stations , would be overlapping .)

If LE deployment were porportional to a calculus of ridership , crimes taking place , or assaults on Metro operations personnel , deployments would be at least as many Ofc on the bus side as rail .

 

[Sunrise]

Actually , that has been an internal issue for a long time . Bubbling along since forever , but really coming to a head in the past 2- 5 years .

Rank & File MTPD patrol offices ( uniquely rank & file are on foot , not vehicles ) are disproportionately in the Rail side , and not the Bus side . ( Admittedly , in this instance of bus bays at rail stations , would be overlapping .)

If LE deployment were porportional to a calculus of ridership , crimes taking place , or assaults on Metro operations personnel , deployments would be at least as many Ofc on the bus side as rail .

Interesting.

There are just aren't enough of them to respond quickly enough when needed. They're spread too thin.

 

[Sunrise]

Is this being expedited?

Thursday, February 02, 2023 service Summons Returned Executed as to DC Attorney General Thu 02/02 8:16 PM RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 2/2/2023. Answer due for ALL D.C. DEFENDANTS by 2/23/2023. (Lyon, George)

I don't believe so. This update is from George Lyon serving the DC Attorney General (Schwalb) with a Summons and Complaint. According to the Form, the DC Attorney General has 21 days to answer it, which puts it at 2/23/2023 per the notice.

It also appears that he served a Summons and Complaint on the WMATA-PD Chief (Anzallo) as well. Same 21 day period applies here.

https://www.dcd.uscourts.gov/sites/dcd/files/CivilSummonsAO440_2015FILL_0.pdf

From here: https://www.dcd.uscourts.gov/new-case-forms

 

[GTOGUNNER]

Re Court Listener,

The order of documents can be changed as icon in the attached picture. Forgot to mention that before.

 

[Ismee]

Monday, February 06, 2023

38 motion Extension of Time to File Response/Reply Mon 02/06 4:07 PM Consent MOTION for Extension of Time to File Response/Reply to Plaintiffs' First Amended Complaint by ROBERT J. CONTEE, III, DISTRICT OF COLUMBIA, BRIAN SCHWALB.(Rave, Helen)

Att: 1 Memorandum in Support,

Att: 2 Text of Proposed Order

37 notice Notice of Appearance Mon 02/06 4:01 PM NOTICE of Appearance by Helen Marie Rave on behalf of BRIAN SCHWALB (Rave, Helen)

 

[Sunrise]

Monday, February 06, 2023

38 motion Extension of Time to File Response/Reply Mon 02/06 4:07 PM Consent MOTION for Extension of Time to File Response/Reply to Plaintiffs' First Amended Complaint by ROBERT J. CONTEE, III, DISTRICT OF COLUMBIA, BRIAN SCHWALB.(Rave, Helen)

Att: 1 Memorandum in Support,

Att: 2 Text of Proposed Order

37 notice Notice of Appearance Mon 02/06 4:01 PM NOTICE of Appearance by Helen Marie Rave on behalf of BRIAN SCHWALB (Rave, Helen)

MPD Chief/DC AG want more time to reply to the Complaint?

It must have put them in a real pickle then.

 

[Sunrise]

https://www.washingtonpost.com/dc-md-va/2023/02/07/potomac-avenue-metro-shooting-new-details/

https://www.wusa9.com/article/news/...court/65-425c4a81-01f4-4380-9be4-b8a5545150b7

Court Docs: https://interactive.wusa9.com/pdfs/...-000772-GERSTEIN-AFFIDAVIT-FILED-2-7-2023.pdf

As the gunman had his gun trained on a woman, the Metro mechanic apparently snuck up behind the gunman and put him in a chokehold. However, the gunman swung his arm around and shot him once in the head.

The gunman then stomped three times on the mechanic's chest, and yelled, “I’m a killer, and this is what I do,” as a train pulled into the station.

The gunman used a Taurus PT111 G2 9mm. Police said the gun had one round in the chamber and five unfired rounds in the magazine when it was recovered.

How horrifying.

PS: Don't forget to charge him with possession of a High Capacity Magazine in DC as this is a 12+1 Firearm: https://www.shootingillustrated.com/content/taurus-pt-111-millennium-g2/