But wouldn't that be for reasons other than the 2A?
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But wouldn't that be for reasons other than the 2A?
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
REcovery could be under 1983 for a 2A constitutional violation or for simple false arrest, which is a 4th Amendment claim.
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That brings up another question. Did DC receive a stay pending appeal? I don't remember seeing anything but I could be missing something with my layman self.
They requested En banq.
Gotcha. That's all that was needed.
I don't see anyone winning a case like that right now with the federal courts' history on the matter (just look at US v. Robinson)The various state RKBA analogues seem to offer better protection, but let's just say I would not want to be in a position like Kokesh was and get caught OC in DC.
- Aug 29, 2016
- 763
I agree that should be the case, but given the courts' propensity to stretch the "qualified immunity" doctrine to absurd lengths, I don't see cops ever being held liable for any firearms related arrests.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Au Contraire. See McDaniel v. Arnold, 898 F.Supp.2d 809 (D. MD. 2012).
shacklefordbanks
Active Member
- Mar 27, 2013
- 252
Wasn't the response due today?
I believe so, but it'll be handed in seconds before the DC Circuit closes for the day
shacklefordbanks
Active Member
- Mar 27, 2013
- 252
Charles Nichols has it posted on his site:
http://blog.californiarighttocarry.org/wp-content/uploads/2015/02/Joint-Response-of-Wrenn-and-Grace-to-Petition-for-Rehearing-En-Banc.pdf
http://blog.californiarighttocarry.org/wp-content/uploads/2015/02/Joint-Response-of-Wrenn-and-Grace-to-Petition-for-Rehearing-En-Banc.pdf
SO now we wait and see what will happen. I wonder how long the waiting will be? Any of our legal members have any idea?
I'm not sure but the court could ask for a reply from DC. I would think that would stretch things another few weeks.
mxrider
Former MSI Treasurer
Very good read and very well written.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
DC requested en banc in Heller III and a vote was taken. IIRC, panel opinion came down in Sept. and rehearing was denied in January. I expect something similar here if en banc is denied, as there will be a dissent. A grant could come much earlier, as no judge writes then.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
What is interesting about the response is that it makes no attempt to deny or even to address the acknowledged circuit split, which is, by itself, important as a justification for granting en banc under Rule 35 FRAP. Interesting strategy. It suggests that they believe that there was not much use in addressing it. I would tend to agree with any such assessment.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Quite unlikely to request a reply. Seldom done.
Indeed it was a very good read. Gura does a great job of summarizing the cases and rulings that have lead up to this one.
I personally hope the District's legal team reads it twice. I hope their souls sink and their hearts ache. I hope they: Realize that they are hard at work violating the Constitutional rights of ~1 million people every day. Feel guilty for trying to build a system which ensures that the weak will always be victimized by the strong. Understand that they force hard working Americans to choose between safety and committing a felony. Know deep down that they are wrong and they will lose.
I just hope they stick with it long enough to give us a few more carry precedents so we can move on to repealing the NFA. Hey I can dream can't I?
CrueChief
Cocker Dad/RIP Bella
I just find it, sort of funny, that the Government of the Nation's Capital is hell bent on ignoring the Constitution.
The irony isn't lost on everyone.
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