VICTORY IN PALMER!!!!

[Mr H]

http://www.myfoxdc.com/story/26262113/dc-gun-ruling-is-on-hold-but-having-an-effect

Is it just me, or does that seem overly broad??

There are prohibited people carrying every day.

 

[swinokur]

Maybe they are just trying to avoid getting these cases dismissed if the city passes legislation or even appeals to the Circuit.

Trying to save some money? Casting a wide net so as to to be accused of overreach?

Who knows.

 

[Haides]

Maybe they're trying to let criminals go so they can commit more crimes, giving DC an opportunity to come back with a "see what happens when we let people off because of the 2A / I told you so" sort of thing.

You know, this tinfoil stuff is actually pretty comfy.

 

[SilverBulletZ06]

Did I read the filings right and DC was denied a longer stay?

 

[JC92]

Did I read the filings right and DC was denied a longer stay?

No. DC has until this Monday to submit a reply in support of their Stay Pending Appeal and they have until August 28th (+/-) to actually appeal.

You may have read Judge Scullin's footnotes where he doubts that DC's case merits a Stay pending Appeal. Again, after Judge Scullin rules, hopefully next week, DC has the option to move the case to the DC Court of Appeals.

 

[swinokur]

I'm confused. If both sides have agreed to 90 days, what is DC filing a brief for? 180 days? They need to file their appeal long before the 90 days is up. If they do appeal, wouldn't Sculin lift his stay and tell DC to ask the DC Circuit for a stay?

Confused yet again.

 

[krucam]

I'm confused. If both sides have agreed to 90 days, what is DC filing a brief for? 180 days? They need to file their appeal long before the 90 days is up. If they do appeal, wouldn't Sculin lift his stay and tell DC to ask the DC Circuit for a stay?

Confused yet again.

The 90 day Stay of the District ruling is in effect. That clock ends ~ Oct 25 IIRC. Water under the bridge.

With this shorter Stay already in place, DC has a little time to decide whether to Appeal to CADC, OR write up laws to comply with the District ruling.

HOWEVER, the District must file that Notice of Appeal by 8/25/14. See:

Yes, 30 days to file the Notice of Appeal, not the actual Complaint. See Rule #4 in the CADC Rules.

30 days from the ruling date of 7/26/14 means they have until 8/25/14 to file the Notice of Appeal by my calculation.

Today being 8/11/14, I guess that means in....2 weeks...

IF the District doesn't make the 8/25/14 30-day timeline to Appeal, they must:
1) Craft new laws by the ~ Oct 25 deadline (90 day Stay), or
2) Request a 180 day Stay, giving them until January to craft new laws, or
3) Request from CADC an extension of filing a Notice of Appeal (not sure on this)

The 180 day Stay "process" wraps up Monday 8/18 when the District has to submit their Reply to SAF's Response. I would bet Judge Scullin will rule on whether to grant a 180 day Stay within a few days, perhaps late next week. There are indications he may not go along with this.

Poked into PACER hoping to see a Reply Brief (regarding the 180 day Stay) from DC which WAS due today.

Looks like it will be next Monday, 8/18/14 vs 8/11/14. DC put in a request for a 1 week extension on 7/29/14 (Doc 55), which was granted (Doc 58).

IMHO, the real drama in all of this is not the haggling over the current 90 day Stay vs a 180 day Stay which as I said, could wrap up next week.

The REAL drama comes 8/25/14, when we will have a Notice of Appeal to CADC, or we will not....

IF the District DOES Appeal, by 8/25/14, they will likely request, and get, a Stay of the District ruling while we go through Circuit Court.

 

[swinokur]

ok-better. thanks Mark

 

[danb]

IF the District DOES Appeal, by 8/25/14, they will likely request, and get, a Stay of the District ruling while we go through Circuit Court.

That's the part that is lost on me insofar as what the district is doing.

Judge Scullin is unlikely to grant a stay pending appeal until they have, you know, appealed. The district could have asked for a two-week extension synchronizing the appeal date with the request. When (IF) they do appeal, they can just get stay then. They seem to be wasting a whole lot of time briefing something that they can ask for later, that will be denied, when they could be preparing appeal papers, which would make the thing they are asking for more likely to be granted in the first place.

oh wait, this is D.C....

 

[dblas]

No. DC has until this Monday to submit a reply in support of their Stay Pending Appeal and they have until August 25th (+/-) to actually appeal.

You may have read Judge Scullin's footnotes where he doubts that DC's case merits a Stay pending Appeal. Again, after Judge Scullin rules, hopefully next week, DC has the option to move the case to the DC Court of Appeals.

Corrected for you.

 

[swinokur]

I'm guessing if DC appeals, Sculin will make DC ask the Circuit for a stay. I don't see what interest he would have in granting a stay if DC decides to appeal.

 

[pilotguy]

Scullin won't do anything. The Circuit will grant a stay pending appeal if one is filed.

 

[swinokur]

I agree. That's why all these briefs at the District level seem like a waste of the courts time. But I guess these are the procedures that are followed.

I don't see Sculin doing any more for DC.

 

[Brooklyn]

I agree. That's why all these briefs at the District level seem like a waste of the courts time. But I guess these are the procedures that are followed.

I don't see Sculin doing any more for DC.

They are not a waste because he gets to rule on them which become part of the record. This is good for us. Or in any case not a waste. Its all part of the same record of the case.

 

[SilverBulletZ06]

Is anyone else getting a feeling that DC will bow out of an appeal and instead just craft numerous onerous laws to reset the court clock?

 

[swinokur]

I don't think Judge Sculin's going top tolerate any games DC might try to play. His ruling is pretty explicit as far as what DC can and cannot do.

I think any attempt by DC to dance around the ruling and try restrictive rules that fly in the face of the intent of the ruling would be slapped down by the Judge.

It's bad here but it's not Chicago. As I stated,the stage here is right in front of Congress. More game playing just makes national reciprocity more of a certainty after Nov.IMO

Can a Federal judge issue a permanent injunction in addition to his ruling?

Hope I'm right.

 

[Mr H]

Is anyone else getting a feeling that DC will bow out of an appeal and instead just craft numerous onerous laws to reset the court clock?

I think their law will be fine... except...

the fees will be horrendous, and there will only be one vendor for training (who is never available), and only one office of the PD that can do prints, and 6 month wait times..........

It used to be a Bill of Rights...

Now it's "Bill you" and "Yeah, right"

 

[JC92]

I agree, the complete ban is a losing proposition with the court. However, DC will simply institute an onerous system of bureaucracy combined with expensive fees. Each of these items will have to be litigated for years. In the end, they will institute G&S, just like MD!

 

[swinokur]

How would this play out for non residents? The Judge specifically ruled non residents must be allowed some form of carry.

Expensive permits? More training? Reciprocity?

 

[press1280]

How would this play out for non residents? The Judge specifically ruled non residents must be allowed some form of carry.

Expensive permits? More training? Reciprocity?

Easy solution would be reciprocity. What they'll likely do is make a DC CCW with major fees & hoops for both residents and non-residents alike.