DC handgun case

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Sorry for the miss leading title. Mostly due to my ignorance on the American law system. I’m learning.

I guess Mr. Goldstein's point was that the SCOTUS would most likely accept if the appeal came through. I think forcing the issue to go to the SCOTUS would do more good than harm, but again major lack of the law system so I don’t know if that is possible.
 
Honestly, I think the folks at the RNC would prefer it if DC didn't appeal the case as well, for a couple of reasons-

1) Two of the frontrunners, Guiliani and Romney, have pretty much zero credibility on Second Amendment issues, and McCain doesn't have much more.

2) They don't want to have to deal with issues that might alienate the suburban soccer moms, who, lets face it, are pretty much sheeple of the first order.
 
Reikonnen wins French GP; yellow flag in Nascar. Jr.'s doing okay.

.....and Rossi won at Assen with Hayden getting third and Hopkins fourth and Edwards 6th.
 
There are only two standards that I can see being applied to the "life appointment on good behavior": 1. Criminal activity; 2. Flouting the Constitution, which I consider criminal for a judge or justice.
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I certainly agree that disregarding an oath is not good behavior. Now all we need is to get half of the representatives present to impeach and two thirds of the Senators present to agree at trial. Of course, Congress can make some "exceptions" and regulations that could tip the scales of justice as well, but I doubt those exceptions and regulations would lean towards freedom.

Woody
 
I'm betting Fenty will appeal. I've heard that he lost a close friend or family member to "gun violence" a few years ago, and he's acting emotionally. In this case, the Brady Campaign's favorite tactic of using people's grief to advance a political cause just may backfire on them.

It's scary to think that the future of RKBA is, for the most part, in his hands right now...
 
I think Fenty will duck, at the behest of Sarah Brady and Mike Bloomberg.

Sarah would be a nobody and Bloomberg lose an issue if he appeals and loses. They need the status quo. DC will consult with NYC and write similar law, banning guns without banning them. Fenty, if voted out of office, will go to work for Bloomberg or Brady for a nice salary.
 
OK, 2nd Amendment experts...

Tell me if I'm wrong: Let's say that Fenty decides not to appeal. Now we've got the DC gun ban overturned, and DC will doubtless write and adopt an extremely restrictive and expensive gun licensing system that technically isn't a "ban" (or maybe it is - and they know it - and they'll force the new law through the court system again, but still have a few more years of the proles being disarmed). Anyhow, this wouldn't be unexpected.

OK, then what if some DC resident decides to purchase a brand-new full auto M4 or M-16, fills out the appropriate paperwork and is turned down by DC (the chief LEO isn't going to approve it) and, as a result, by the BATF (which would disapprove anyway because of the '86 FOPA ban. As soon as DC turns the person down, a suit is filed that is essentially the same as Parker, except that "machine gun" is substituted for "handgun." (OK, it is clearly more complex than that, but assume its been done properly). Now we've got the DC Circuit on record as saying "DC can't ban all guns of a certain class just because" and now DC goes and does it again. That one will, IMHO, go to the Supreme Court - because Fenty or his replacement at the time will HAVE to appeal (assuming that the DC Circuit backs the gun owner again, and it has its own precedent to follow).

However, I want to hear everyone's thoughts on this issue. Also, does the prospect of something like this make it more likely that Fenty will appeal, knowing that the issue can't be avoided forever?

Does a failure to appeal the DC Circuit ruling make it more likely that a resident of, say, the 5th Circuit, will apply for a tax stamp to own a new M4, and have a stronger case upon denial due to the fact that now 2 circuits say that the 2nd protects an individual right?
 
Does a failure to appeal the DC Circuit ruling make it more likely that a resident of, say, the 5th Circuit, will apply for a tax stamp to own a new M4, and have a stronger case upon denial due to the fact that now 2 circuits say that the 2nd protects an individual right?
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On the one hand, 922(o) restrictions are such a direct analog to the DC Handgun Ban that it would be hard not to think that this would be a great case, especially since you could bring it in the D.C. circuit instead of having to deal with potentially hostile precedent in their own circuit. However, I think that would be too much too soon most likely and even the D.C. circuit would back away from it.

I think much like the concealed handgun law, you are going to need to see some lesser federal laws fail without any blood in the streets before they will finally tackle 922(o). Hopefully, I am wrong and the justices are better than I think; but I don't see it as likely.
 
I think you're going to have to hope for a few things in addition:

1) Stevens, Ginsburg, and/or Breyer pass on or retire

2) Bush grows enough balls to nominate someone like Kozinski or Janice Rodgers Brown, and to keep nominating the same type instead of giving in to Harry Reid and nominating another Justice Kennedy or Souter

3) All of this happens before the end of the summer 2008,

OR

The GOP holds on to the White House in 2008
 
If Fenty doesn't appeal, he will then be forced to change the DC law- probably to NYC style "restrictions".

Then, the DC circuit, with the very strong wording of Parker, becomes our court of choice for 2nd Amendment cases; and they'll start pouring in, both from DC and nationwide. Some good, some not so good. The problem is, that this will occur over years, and possibly decades. Who's to know what the make-up of SCOTUS will be when they finally address this?

The justices most rumored to be retiring soon are Stevens and Ginsberg. Worst case: they hold out until after 2008, Hillary gets in, and replaces them. If so, there's really no change in the court's make-up (replacing libs with libs). I feel confident that, with the current and near-term make-up, SCOTUS would rule in our favor. I'm just hoping Fenty appeals. Otherwise, who knows when the next opportunity may arise.
 
The justices most rumored to be retiring soon are Stevens and Ginsberg.
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They are both older justices, especially Stevens; but Scalia and Kennedy are only three years younger than Ginsberg, so while the liberal justices are generally older, the next justice to retire may not necessarily be liberal.
 
They are both older justices, especially Stevens; but Scalia and Kennedy are only three years younger than Ginsberg, so while the liberal justices are generally older, the next justice to retire may not necessarily be liberal.
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The reason Ginsberg's name is mentioned is not so much due to her her age, but due to her frail appearance and rumors of poor health.
 
Sounds like we need to start writing some letters to Fenty urging him to appeal.
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I did exactly that. Told him how he should stand by his principals, and not be influenced by interest groups outside of DC.
 
OK, then what if some DC resident decides to purchase a brand-new full auto M4 or M-16, fills out the appropriate paperwork and is turned down by DC (the chief LEO isn't going to approve it) and, as a result, by the BATF (which would disapprove anyway because of the '86 FOPA ban. As soon as DC turns the person down, a suit is filed that is essentially the same as Parker, except that "machine gun" is substituted for "handgun." (OK, it is clearly more complex than that, but assume its been done properly). Now we've got the DC Circuit on record as saying "DC can't ban all guns of a certain class just because" and now DC goes and does it again.
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I don't see it that way. First, I'm not sure that there are any FFL's in DC, let alone an SOT. Assuming there is, 922(o) is a federal law, not a ban enacted by DC city counsel and mayor. Big difference in my opinion. The first case was about DC residents being treated like second class citizen. As to new machine guns, they are being treated no differently that the rest of us.
 
Here's the problem if says Stevens or Ginsburg retires:

Anyone here think a Democrat controlled Senate is going to Advise and Consent on a conservative SC Justice ????

Yep, sure am glad we taught those Repoublicans a lesson last election......

:banghead::fire::cuss::banghead::fire::cuss:
 
Scout, if Stevens or Ginsburg does retire and the Dems stonewall a conservative replacement the court will have to rule with less than nine justices present. That would increase the chance for a favorable decision.
 
But just to clarify--

The DC officials have not yet announced they will appeal, have they?
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They asked for a stay, which means they had better appeal.

from http://www.calguns.net/calgunforum/showthread.php?t=62061

The Parker Case

...

The Uninvited Ombudsman notes however that:
Bob Levy, co-sponsor of the Parker case (the one that overturned the D.C. gun ban) reports:

The D.C. Circuit Court granted D.C.'s unopposed motion to hold off on the requirements of the Parker case until August 7, the deadline for requesting a review by the U.S. Supreme Court. (This means the gun ban stays in effect at least until that outcome of that request is known.) In an extraordinary statement, Judge Silberman warned D.C. that it would have been inappropriate to request a stay if D.C. did not intend to file for the review.

In other words, by asking for the ban to remain in effect for a while, the Circuit Court is warning D.C. that it had better file to take the case to the Supreme Court. This is a good thing if you want the High Court to hear the case.

...
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