U.S. judge strikes down D.C. concealed-carry gun law as likely unconstitutional

[eruby]

And people like Courtney White are the new George Wallace?

Is Sgt. Knaub the new Lester Maddox?

 

[CypherPunk]

The plaintiff is married to a WOMAN. The membership of the pink pistols is not completely made up of gays.

A MDS - Pink Pistols meet up event might be fabulous!

 

[DC-W]

A MDS - Pink Pistols meet up event might be fabulous!

Agree immensely!

 

[Gryphon]

Hogan are you watching?

I suspect the Governor would love the courts to resolve this so he can escape the scrutiny that is mounting on both he and his hand picked Superintendent for not acting within their lawful authority.

 

[JC92]

After considerable time as a member of MDS, I can now see the logic of building precedent in legal cases and how judicial theory is important. It is always preferable to see your "specific" points championed in a case, but it is more valuable to have your "logic" championed. These cases are building a great foundation which is becoming extremely difficult for biased judges to defeat without resorting to un-sound and weak jurisprudence.

 

[Gryphon]

It's a preliminary injunction not a ruling on the merits of the case. Still it's a great preview of what Judge Leon thinks about DC's position - and he is applying strict scutiny. Keep in mind the DC Circuit (DC) and 4th Circuit (MD) are different. A ruling by the 4th in Kolbe on strict scrutiny doesn't create mandatory precedent the DC court need follow and vice versa - just persuasive authority either can consider.

 

[aquaman]

The 2nd amendment is the bastard child amendment. They'll just find some anti-gun judge or judges to change the meaning of the words or stay the ruling for a decade.

 

[mxrider]

It's a preliminary injunction not a ruling on the merits of the case. Still it's a great preview of what Judge Leon thinks about DC's position - and he is applying strict scutiny.

So basically, he is saying that he has strong belief that this is unconstitutional, so he is removing the good cause statute until a ruling on the merits occurs?

 

[JC92]

So basically, he is saying that he has strong belief that this is unconstitutional, so he is removing the good cause statute until a ruling on the merits occurs?

Exactly. Also, his ruling is in direct contrast to the judge handling Gura's Wrenn appeal.

edited.

 

[Boxcab]

Exactly. Also, his ruling is in direct contract to the judge handling Gura's Wrenn appeal.

Conflict?




.

 

[GrimReaper]

It will be reversed shortly like always

 

[swinokur]

or at least stayed by the Circuit.

 

[swinokur]

DC will spend millions of scarce tax dollars to defend this to the death.

As Trump says "Believe me."

 

[JC92]

Conflict?




.

direct "contrast" (poor editing )

 

[Boxcab]

direct "contrast" (poor editing )

.

 

[cryptoman]

It's a preliminary injunction not a ruling on the merits of the case. Still it's a great preview of what Judge Leon thinks about DC's position - and he is applying strict scutiny. Keep in mind the DC Circuit (DC) and 4th Circuit (MD) are different. A ruling by the 4th in Kolbe on strict scrutiny doesn't create mandatory precedent the DC court need follow and vice versa - just persuasive authority either can consider.

Is it a given that DC will appeal? Given that a preliminary injunction will be in place, and that DC will have to be issuing permits during the time it gets to court again, is it possible that they will not want to spend the time and money?

 

[NatBoh]

Ahh, yes! Everyone knows that straight white men dont get a fair shake and that the judicial system is lop sided towards women, minorities, and gays so lets not offend them.

Lets celebrate the unbalanced scales of the legal system!

If it wasnt for the the gays we wouldnt get back our freedoms.

Take that men who died for our freedom to keep and bear arms in the first place! They gays have freed us!

And according to statistics of gay to straight ratios in society, even using numbers on the low end, say 2%, then thousands of gay men have died for our freedoms.

So yes, I give thanks to all of these gay men, as well as straight men who have fought and died for your, mine, and every American's freedoms and liberties

 

[swinokur]

DC will ask for a stay. It's in their DNA.

As Cypherpunk and others have pointed out, the only part of the law that the Judge enjoined was the "good and sufficient" portion. You still need a permit to carry in DC. This is different than the Palmer /Wrenn case. Don't carry in DC without a valid permit.

IANAL.

 

[swinokur]

Any man willing to die for our country is a MAN. No other description is needed. By me anyway.

YMMV of course.

 

[JC92]

Is it a given that DC will appeal? Given that a preliminary injunction will be in place, and that DC will have to be issuing permits during the time it gets to court again, is it possible that they will not want to spend the time and money?

I wager that it is guaranteed that DC will appeal the PI as there is no downside to the appeal. Losing the appeal reverts to the status quo as it is now. Winning the appeal would allow DC to continue to deny rights while litigation advances at a glacial pace.

I would expect to see the DC Court of Appeals grant a request for an injunction within 24 hours of DC's request.