- Aug 18, 2020
More BS out of DC.
"Get arrested so you can have standing." I'm not surprised that I'm not surprised.
Since you haven't committed murder, we can't arrest you for murder? Thats pretty much how it works these days, and why we have mentally ill persons among us doing harm.
“Indeed, when asked at oral argument, Plaintiffs’ counsel was unable to identify any case in which an individual licensed to carry a handgun has ever been prosecuted simply for carrying a concealed handgun on a Metrorail train or a Metrobus.”
And the climb up out of the ignorant courts begins.Appealed
It sounds to me as if the judge believes the council to be comprised of fools that pass unenforceable laws that are harmless as no one takes them seriously.
And the climb up out of the ignorant courts begins.
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Obediently serving the Party.Obama appointee
(Page 58)Finally, as discussed above, see supra Section III.A, the Court finds that
Plaintiffs’ credible fear of prosecution for violating one of the challenged restrictions constitutes irreparable injury. [See Koons Decl. ¶ 12; Gaudio Decl. ⁋ 15; Muller Decl. ¶ 13.] Unlike the Angelo v. District of Columbia court, which found under D.C. Circuit precedent that gun permit holders could not establish standing to challenge newly enacted legislation prohibiting them from carrying their handguns on public transportation because they could not point to prior threats of enforcement or a special likelihood of enforcement, 2022 WL 17974434, at *6 (D.D.C. Dec. 28, 2022), this Court comes to a contrary conclusion and reasons that Plaintiffs need not actually be subject to “arrest, prosecution, or other enforcement action” to challenge a criminal statute. See Susan B. Anthony List v. Driehaus, 573 U.S. 149, 158 (2014). It is enough that Plaintiffs’ prior conduct has been rendered criminal by the challenged provisions of Chapter 131.
From the case out of NJ:
Would you look at that....
I sure hope the DC Plaintiffs/Attorney plan on appealing. The NJ Judge just gave them a roadmap to do so.
I haven't seen anything about an appeal on this case by the DC Plaintiffs/Attorney yet. Hopefully it happens soon so this gets rolling again. This DC Judge needs to get schooled on standing big-time.Thanks much. Ive been trying to find updates on this as well, but have not been able to.
As I understand, the ruling was to not grant preliminary and permanent injunctive relief (I believe they should appeal the ruling on standing)...I haven't seen anything about an appeal on this case by the DC Plaintiffs/Attorney yet. Hopefully it happens soon so this gets rolling again. This DC Judge needs to get schooled on standing big-time.
Great info! Thank you very much for finding/sharing this.As I understand, the ruling was to not grant preliminary and permanent injunctive relief (I believe they should appeal the ruling on standing)...
"MEMORANDUM OPINION AND ORDER: For the reasons stated herein, it is hereby ORDERED that Plaintiffs' motion for preliminary and permanent injunctive relief, Dkt.6 , is DENIED. See document for details. Signed by Judge Randolph D. Moss on 12/28/2022. (lcrdm3)"
The "case" continues...
"MINUTE ORDER: Upon consideration of Plaintiffs' consent motion for scheduling order, Dkt.33 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that (1) Plaintiffs shall file any amended complaint on or before February 1, 2023; and (2) Defendants shall respond to Plaintiffs' existing or amended complaint on or before March 3, 2023. It is further ORDERED that, should Plaintiffs renew their motion for a preliminary injunction, Defendants shall respond to such motion within 60 days of filing, and Plaintiffs shall file a reply, if any, within 30 days of Defendants' response. Signed by Judge Randolph D. Moss on 1/11/2023. (lcrdm3)"
This suggests Plaintiffs "may" renew their motion in February.
ANGELO et al v. DISTRICT OF COLUMBIA (1:22-cv-01878), District Of Columbia District CourtANGELO et al v. DISTRICT OF COLUMBIA (1:22-cv-01878), District Of Columbia District Court, Filed: 06/30/2022www.pacermonitor.com