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Article: Federal Appeals Court Upholds ‘Unconstitutional’ Concealed Carry Permit Requ
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Palladin
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this needs to get settled at the Federal level.
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Absolutely predictable.
Getting these "special people only" policies overturned is nearly impossible, since you have to get three levels of federal court to agree with you. It is one area where the courts will grant appeals not because of legal issues, but because they do not like the decision.
It happened in MD (we lost the appeal), and is happening in CA (we will lose there as well)
Even the granting of a stay shows the courts bias, as there is no "irreparable harm" to the other side if CCW permits are issued, then later revoked if the appeal succeeds.
Getting these "special people only" policies overturned is nearly impossible, since you have to get three levels of federal court to agree with you. It is one area where the courts will grant appeals not because of legal issues, but because they do not like the decision.
It happened in MD (we lost the appeal), and is happening in CA (we will lose there as well)
Even the granting of a stay shows the courts bias, as there is no "irreparable harm" to the other side if CCW permits are issued, then later revoked if the appeal succeeds.
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Chevy 2 65
NES Member
****ing pile of Horse Shit. There should be no reason for a RIGHT or permit
Leon’s Grace opinion references the Supreme Court’s reaffirmation of an individual’s right to keep and bear arms via District of Columbia v. Heller (2008). He points out that that right–in and of itself–is sufficient reason for keeping arms and bearing them. He wrote, “Because the right to bear arms includes the right to carry firearms for self-defense both inside and outside the home, I find that the District’s ‘good reason’ requirement likely places an unconstitutional burden on this right.”
Leon’s Grace opinion references the Supreme Court’s reaffirmation of an individual’s right to keep and bear arms via District of Columbia v. Heller (2008). He points out that that right–in and of itself–is sufficient reason for keeping arms and bearing them. He wrote, “Because the right to bear arms includes the right to carry firearms for self-defense both inside and outside the home, I find that the District’s ‘good reason’ requirement likely places an unconstitutional burden on this right.”
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Well that will teach the criminals that they need a good reason to carry a firearm!LOL
Oh, the gov. is so smart they are.
They forget each one of us personally decides whether to obey the laws they write.
Someday the citizens of this great nation may decide to disobey the laws that violate the constitution!
Oh, the gov. is so smart they are.
They forget each one of us personally decides whether to obey the laws they write.
Someday the citizens of this great nation may decide to disobey the laws that violate the constitution!
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...and guess which court Obama's nomination to replace Scalia comes from. Though Garland didn't appear to particpate in this particular ruling, one wonders if he might if it goes to an en blanc ruling, and if and how he might vote then.
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It will only go en banc if the lower court's decision is upheld. If the lower court sides with the DC government, en banc will be denied.
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Actually, Judge Leon ruled in favor of Matthew Grace and Pink Pistols and granted a Temporary Injunction. Almost immediately DC AG Karl Racine filed a motion for an Administrative Stay on behalf of DC MPD. He also filed an appeal to the U.S. Court of Appeals for the District of Columbia. The stay was granted on appeal and Judge Leon's order for injunctive relief was essentially overturned before he could consider the arguments of DC MPD.
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shootermike508
NES Member
! good reason to use that no one will argue with... Protection of life and property...
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Licensing authorities in Brookline, NYC, parts of upstate NY; all of Westchester County NY, NJ, MD, most of CA and HI will all "argue with" the validity of that reason .... and win.
What now? Everybody is complaining; is there some next step to be taken? Any ideas or solutions?
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The case is scheduled to be heard in the U.S. Court of Appeals for the District of Columbia later this year. Matthew Grace and his co-appellants, Pink Pistols, will file their arguments and DC MPD will file their rebuttal arguments. If the U.S. Court of Appeals finds in favor of the DC MPD, you can expect that the argument will eventually go to the U.S. Supreme Court, if not through Grace et al, then through an appeal by Wrenn et al who have a similar case before the Court of Appeals for DC. I expect that this issue will not settled anytime soon. I am working on my Amicus Curiae brief...
The U.S. District Court of Appeals granted a victory for concealed carry for former law enforcement officers under LEOSA which, in some ways, is a small victory in the battle for not having to provide a "good reason" to carry in DC.
The U.S. District Court of Appeals granted a victory for concealed carry for former law enforcement officers under LEOSA which, in some ways, is a small victory in the battle for not having to provide a "good reason" to carry in DC.
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Yeah ... like allowing retired officers to get NJ or NYC carry permits is a "small victory" for ordinary people not having to provide a "good reason" in those jurisdictions.
Appellate oral arguments in these two District of Columbia right-to-carry cases will be heard today by a three judge panel of the DC Circuit court. The cases are Wrenn v. DC and Grace v. DC. The district court opinions in these two cases conflicted so we're set up for an interesting morning. By all accounts the panel of judges isn't horrible.
Audio records of the arguments should be posted later today. I'll try to find them and post a link
Think happy thoughts.
Audio records of the arguments should be posted later today. I'll try to find them and post a link
Think happy thoughts.
Glockster30
NES Member
Ok, I listened to the oral arguments, but for someone that is not experienced in this realm, is there anything to take away from this?
Not really. It's always interesting to see what kind of questions the judges ask. It's also really dangerous to make any conclusions based upon the question, but at least on of the judges was pretty hard on the two DC AGs. These cases are big though. But I'm afraid that these decisions won't be the end of it.
