Ruling in Palmer v. D.C handed down, Gura wins again

terraformer said:
They already have a defacto ban license. They have a license they don't give to anyone.
Click to expand...

I'm talking about DC. They didn't have an license to carry outside the home, I know they were forced to allow guns in homes because of the Heller ruling and they've made that a PITA.

If DC sets up a carry permit but designs it so no one gets it or .0001% get one, can gura go back to this judge or would another case need to be filed and probably get put with a different judge.
 
Hoover said:
I'm talking about DC. They didn't have an license to carry outside the home, I know they were forced to allow guns in homes because of the Heller ruling and they've made that a PITA.
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So was I. They already have a licensing system. From the Palmer supporting memorandum.

Statement of Undisputed Material Fact (“UMF”) 1. D.C. Code § 7-2502.02(a)(4) provides that individuals who are not retired police officers may only register a handgun “for use in self-defense within that person’s home.” UMF 2. Pursuant to this statutory limitation, Defendants District of Columbia and its Police Chief, Cathy Lanier, distribute handgun registration application forms requiring applicants to “give a brief statement of your intended use of the firearm and where the firearm will be kept.” UMF 3.
Click to expand...

Just like in Heller, the license system existed but there were statutory or regulatory bars in place preventing one from either applying or receiving it. In the current case, only retired police officers are allowed to be issued the license, but it exists and it is used. There are plenty of security guards who are issued carry permits for operation within their area (building,etc).

More from the MOP.
D.C. Code § 22-4504(a) provides, “[n]o person shall carry within the District of Columbia either openly or concealed on or about their person, a pistol, without a license issued pursuant to District of Columbia law
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See, it exists. So my point remains valid. DC need do very little to enable carry. Basically Lanier already did what they needed to by simply stating carry outside the home is allowed on the in home license. It's effectively the same license with restrictions.
 
I am not sure if it was taken on Sunday or Monday but in case y'all haven't seen it yet:

10577104_757798624270223_4255787191555572458_n.jpg
 
So, earlier I posted that it's highly unlikely the DC judge would issue it's stay, but for Gura's assent?
http://alangura.com/2014/08/palmer-stay-proceedings/

The judge has made it clear he does not believe DC will prevail and will not entertain another stay without a hearing. So Gura played this strategically right. CADC won't override the 90 days without an appeal where they would have granted an automatic stay if it was denied by the judge outright, Gura enjoys his summer as he doesn't have to go into court multiple times in the next few weeks and if an appeal occurs, DC will get their stay pending appeal.
 
Looks like Chief Lanier is going to have to issue another confusing memo rescinding her previous confusing memo.

Alan Gura is, as we say around here, "Wicked Smaht".

terraformer said:
So, earlier I posted that it's highly unlikely the DC judge would issue it's stay, but for Gura's assent?
http://alangura.com/2014/08/palmer-stay-proceedings/

The judge has made it clear he does not believe DC will prevail and will not entertain another stay without a hearing. So Gura played this strategically right. CADC won't override the 90 days without an appeal where they would have granted an automatic stay if it was denied by the judge outright, Gura enjoys his summer as he doesn't have to go into court multiple times in the next few weeks and if an appeal occurs, DC will get their stay pending appeal.
Click to expand...
 
terraformer said:
So, earlier I posted that it's highly unlikely the DC judge would issue it's stay, but for Gura's assent?
http://alangura.com/2014/08/palmer-stay-proceedings/

The judge has made it clear he does not believe DC will prevail and will not entertain another stay without a hearing. So Gura played this strategically right. CADC won't override the 90 days without an appeal where they would have granted an automatic stay if it was denied by the judge outright, Gura enjoys his summer as he doesn't have to go into court multiple times in the next few weeks and if an appeal occurs, DC will get their stay pending appeal.
Click to expand...
******
Excellent. Gura's and SAF are da man.
 
terraformer said:
So, earlier I posted that it's highly unlikely the DC judge would issue it's stay, but for Gura's assent?
http://alangura.com/2014/08/palmer-stay-proceedings/

The judge has made it clear he does not believe DC will prevail and will not entertain another stay without a hearing. So Gura played this strategically right. CADC won't override the 90 days without an appeal where they would have granted an automatic stay if it was denied by the judge outright, Gura enjoys his summer as he doesn't have to go into court multiple times in the next few weeks and if an appeal occurs, DC will get their stay pending appeal.
Click to expand...

I hope the DC circuit takes a pass, not a guarantee but I think it's possible.

Do you know of any other Gura cases? He really is a great asset.

- - - Updated - - -

CockedAndLocked said:
After the stay was put in place I thought she already did reverse her original note.
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She put out instructions that were in effect for a few days until the stay was granted. When the stay expires, she'll need to issue those instructions again or new ones. Or the DC city council could try and pass another unconstitutional ban or absurd restriction of some sort.
 
Hoover said:
Do you know of any other Gura cases? He really is a great asset.
Click to expand...

I'm not sure what all is still active at the moment. He had the flurry of carry cases around the country that mostly got denied cert.

Ezell (Chicago range ban) still soldiers on. Fee wrangling continues in Moore (CA7 carry victory). Richards (CA9 carry victory) is still in Peruta en banc limbo. Pena v Cid (CA roster) is awaiting decision. Dearth (non-resident handgun purchase) is awaiting decision.

That's what I have on my spreadsheet, not sure what else is out there. That's not nearly the active workload of bringing all the carry cases up at the same time. Not sure if Gura is working less, working on non-2A stuff, or if there are more cases coming.
 
I thought Ezell was settled, including payment by the City of Chicago to the plaintiffs for court costs.

jar said:
I'm not sure what all is still active at the moment. He had the flurry of carry cases around the country that mostly got denied cert.

Ezell (Chicago range ban) still soldiers on. Fee wrangling continues in Moore (CA7 carry victory). Richards (CA9 carry victory) is still in Peruta en banc limbo. Pena v Cid (CA roster) is awaiting decision. Dearth (non-resident handgun purchase) is awaiting decision.

That's what I have on my spreadsheet, not sure what else is out there. That's not nearly the active workload of bringing all the carry cases up at the same time. Not sure if Gura is working less, working on non-2A stuff, or if there are more cases coming.
Click to expand...
 
OfficerObie59 said:
All that after the City of Chicago tried to screw the plaintiffs out of 1988 recovery...

http://alangura.com/2014/07/lisa-madigan-doesnt-want-you-to-tip/
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Indeed, which is why there needs to be a direct and personal cost for violating the constitution for checks and balances to work.

I am dumbfounded that people keep electing idiots who squander resources in this manner. That was supposed to be sufficient check... We are failing.

I often joke about mandatory minimums for violating the constitution, but its become so common place and willful lately, that I am more willing to "balance" the separation of powers issue to start looking seriously at more stringent punitive measures when the constitution is violated.

I would be fine with departures for cooperation and good-faith execution of governance, but in cases like this, the ruling should come with prohibitions for holding office or government position for the most belligerent offenders such as these.
 
OfficerObie59 said:
All that after the City of Chicago tried to screw the plaintiffs out of 1988 recovery...

http://alangura.com/2014/07/lisa-madigan-doesnt-want-you-to-tip/
Click to expand...


I read the motion filed here:

http://alangura.com/wp-content/uplo...Support-of-Motion-for-Sanctions-corrected.pdf

and I think this is OUTRAGEOUS.

Chicago politicians (in this case LISA MADIGAN, in her official capacity as Attorney General of the State of Illinois)
are like little Kings and Queens, at least as far as it comes to the tax payers money.
 
The $400k SAF check is from McDonald.

Ezell was a huge win at the 7th circuit back in 2011. The CA7 ruling explicitly directed the lower court to issue an injunction against the range ban. However, the same day, the Chicago city council amended the law from an outright ban to a byzantine regulatory framework that was a defacto ban. The case is still ongoing. Basically, every time it gets close to a potential decision, Chicago waters down the ban a bit and moves to dismiss the case as moot. A status hearing was held on Monday, with a joint statement on the mooted claims in agreement due 8/11.
 

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