DC Circuit Affirms Conviction of Capitol Gun-Toter

With the case before the federal appeals court for the second time, U.S. Circuit Judge Thomas Griffith wrote Friday that the parking lot where Class left his gun-loaded Jeep is exactly the type of place the Supreme Court’s Second Amendment precedent leaves open for gun regulations.

“As for the Maryland Avenue parking lot, although it is not a government building, we conclude that it is sufficiently integrated with the Capitol for Heller I’s sensitive places exception to apply,” Griffith wrote, referring to the landmark gun case District of Columbia v. Heller. “Accordingly, we conclude that the Second Amendment does not give Class the right to bear arms in the Maryland Avenue parking lot.”

Griffith also found that while determining the boundaries of the Capitol might be somewhat complicated, it is not so daunting a task that Class would have no way of knowing guns were banned from the parking lot. That conclusion defeated Class’ argument that his Fifth Amendment rights were violated because he did not have enough notice that having guns in the parking lot was illegal.

Click to expand...

CrabcakesAndFootball said:

After really limited analysis, I don't see it that way. Seems that DC Cir said Class waived right to challenge constitutionality of the statute under which he pleaded guilty. SCOTUS said Class did not waive those arguments and remanded. DC Cir then considered the merits of the constitutional arguments and rejected them.

Click to expand...

Biggfoot44 said:

Blue was about Maryland state law .

Click to expand...

Kharn said:

A government-owned street parking lot 1000' from the building entrance is a very tenuous connection to a "sensitive place." I would love to see this one granted cert and knock out all the BS about excessively large no-go zones.

Click to expand...

BlueHeeler said:

According to the court news he was here:
https://www.google.com/maps/place/200+Maryland+Ave+SW,+Washington,+DC+20204/@38.8883074,-77.014694,3a,75y,73.89h,82.66t/data=!3m6!1e1!3m4!1sFFYWt3EB5-4LD7aazIHDzw!2e0!7i16384!8i8192!4m13!1m7!3m6!1s0x89b7b7814a62d63d:0x73780b3cbbe5f9e8!2s200+Maryland+Ave+SW,+Washington,+DC+20204!3b1!8m2!3d38.888324!4d-77.0147349!3m4!1s0x89b7b7814a62d63d:0x73780b3cbbe5f9e8!8m2!3d38.888324!4d-77.0147349

While that is close to the Capital, it is not Capital grounds, IMHO.

Click to expand...

Kharn said:

The lot is owned by the feds as part of the Capital.

Click to expand...