The firm handling the Parker case has put up a blog. All the filings, plus a very useful faq and references can be found.
http://www.dcguncase.com/blog/
http://www.dcguncase.com/blog/
DC gun case blog
- Thread starter Jubjub
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W.E.G.
Member
Remember, the case is not "Parker" anymore.
The correct party name is "Heller."
see page 12 of the http://www.gurapossessky.com/news/parker/documents/parkerdc030907.pdf
You will recall that the trial court crapped on ALL the complainants. Told them to go home.
Heller is the only complainant who was granted relief by the DC Court of Appeals. It is Heller's "victory" that is now the subject of appeal by the DC idiots.
The correct party name is "Heller."
see page 12 of the http://www.gurapossessky.com/news/parker/documents/parkerdc030907.pdf
You will recall that the trial court crapped on ALL the complainants. Told them to go home.
Heller is the only complainant who was granted relief by the DC Court of Appeals. It is Heller's "victory" that is now the subject of appeal by the DC idiots.
armoredman
Member
OK, so the DC filing was submitted on September 4th, how long until SCOTUS decides to grant cert or not?
Press release and link to counter petition
Press release and link to counter petition have been added.
As I read the release and the petition it looks like Gura and Levy want to also contest the DC Court of Appeals standards for standing.
Please read the the release and petition if you are posting.
Press release and link to counter petition have been added.
As I read the release and the petition it looks like Gura and Levy want to also contest the DC Court of Appeals standards for standing.
Please read the the release and petition if you are posting.
ara
Member
Armoredman
Thanks for "If total government control equals safety, why are prisons so dangerous?"
Mazeman
As you know, SCROTUS is always a loose cannon and it's nerve wracking to wait for them...but for the time being that's our lot.
ara
Subject of thread is DCguncase.com I posted a note to study before posting.
Generally this could be a healthy thread though it is cluttered up already. Please refrain.
The FAQ section is very informative also.
New:
September 12th, 2007 by Alan Gura
Considering the content of the city’s petition for certiorari, we’re asking the D.C. Circuit to bring the city’s ban on all functional firearms to its deserved end.
We’ll have more on this later this evening.
Shanna Tova / Happy 5768
Generally this could be a healthy thread though it is cluttered up already. Please refrain.
The FAQ section is very informative also.
New:
September 12th, 2007 by Alan Gura
Considering the content of the city’s petition for certiorari, we’re asking the D.C. Circuit to bring the city’s ban on all functional firearms to its deserved end.
We’ll have more on this later this evening.
Shanna Tova / Happy 5768
Rossshady120
member
good stuff going on good thing i dont live in DC i got a cuzin over their but hes in college so i think he will be allright
ServiceSoon
Member
I'm still reading the cross-petition.
I tried to read DC's petition. I could not complete this. I had to instead skim searching for relevancies. The side note that bastardized DC's position on functional rifles and shot guns just blew my mind.
I must agree this is sabotage. Missing it was written without order and as Heller's motion to drop the stay on the long arm ban ruling points out. Did not address every point in the circuit courts ruling. In total DC's petition is disgustingly insulting to my sense of reality and surely the SCOTUS's deserved respect. SCOTUS should hear the case just to correct DC's manners in this.
Turn the page and read the counter petition and dread of long dry reading disappears and is replaced with anticipating excitement. I found a note warning of Heller's new motion to the DC Court of Appeals. And I cannot describe how much easier reading this material has been.
DC got spanked with the ban overturned.
DC lied to get the order held for 90 and again for 30 more days.
They tripped all over the place to make an appeal and jinx it.
The mistakes they made in the petition are back haunting them in the counter appeal and now in Heller's motion for the stay on functional long gun ban. Mistakes and attitude are biting them on the tail in every way they cannot expect.
I'm lovin it.
I must agree this is sabotage. Missing it was written without order and as Heller's motion to drop the stay on the long arm ban ruling points out. Did not address every point in the circuit courts ruling. In total DC's petition is disgustingly insulting to my sense of reality and surely the SCOTUS's deserved respect. SCOTUS should hear the case just to correct DC's manners in this.
Turn the page and read the counter petition and dread of long dry reading disappears and is replaced with anticipating excitement. I found a note warning of Heller's new motion to the DC Court of Appeals. And I cannot describe how much easier reading this material has been.
DC got spanked with the ban overturned.
DC lied to get the order held for 90 and again for 30 more days.
They tripped all over the place to make an appeal and jinx it.
The mistakes they made in the petition are back haunting them in the counter appeal and now in Heller's motion for the stay on functional long gun ban. Mistakes and attitude are biting them on the tail in every way they cannot expect.
I'm lovin it.
ctdonath
Member
If DC is deliberately trying to sabotage their own case into oblivion, methinks it will fail as their shenanigans are calling for a major public smackdown.
I read the petition to end the stay re: functional firearms. It was FUNNY! The Heller team just tore DC's petitions apart and beat 'em senseless with their own words. One line paraphrased: "what are plaintiffs supposed to do with disabled long guns? swing 'em like clubs? throw 'em at attackers?" The humor was just how I like my wine: very very dry.
I read the petition to end the stay re: functional firearms. It was FUNNY! The Heller team just tore DC's petitions apart and beat 'em senseless with their own words. One line paraphrased: "what are plaintiffs supposed to do with disabled long guns? swing 'em like clubs? throw 'em at attackers?" The humor was just how I like my wine: very very dry.
legaleagle_45
Member
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- Aug 23, 2007
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- 834
DC brought in top legal talent to take this case... IMHO they attempted to have their cake and eat it too, in order to spring a specific argument in their reply brief (to which Heller would not be allowed to respond). They took a risk hoping Heller would not call it on them until it was too late...
ctdonath
Member
This is chess.
All the pieces are on the table.
A good player knows his opponent can see everything.
A poor player hopes his opponent will overlook something.
All the pieces are on the table.
A good player knows his opponent can see everything.
A poor player hopes his opponent will overlook something.
legaleagle_45
Member
- Joined
- Aug 23, 2007
- Messages
- 834
Excellant analogy. Here is my thought on their analysis and strategy.
They obtained a stay of the DC Circuit mandate which covered everything including safe storage. They appealled only that portion dealing with the handgun ban. They anticipated an argument from Heller in respondents brief asserting that the availability of rifles and shotguns for self defense was illusary due to the safe storage laws. They would then respond that Heller is whacko since the DC Circuit found that to be unconstitutional and the District did not appeal same, therefore Heller's argument is without merit.
It would give them an advantage of possibly prevailing upon one of their alternate theories that they did assert to the DC Circuit without being burdened by the flaw in that theory pointed out by Heller.
Of course they hope to prevail upon a theory which will allow them to reinstate the safe storage laws, but this tactic was a backstop that they perceived to be without any risk. If they win on one of their other theories they did not lose a thing. If they lose to Heller, they would have lost the safe storage anyway...
What they did not anticipate was Heller going back to the DC Circuit and asking the DC Circuit to modify the stay of mandate. I am sure there are more than a few 3 piece suit types that are a bit redfaced right now, scrambeling to shore up the devastation caused by Heller's motion.
Hellers motion accomplishes more than merely providing for a modification of the stay. It provides Heller with ammo to use in his brief to show that the District really intends to enforce the safe storage laws and diffuses totally the trap that the District had plotted out.
ctdonath
Member
Nicely put.
A step further: if that part of the stay can be ended, and DC viewed as having accepted the ruling on that part, then they have accepted that RKBA is "individual", and other cases may be brought in that jurisdiction pronto.
A step further: if that part of the stay can be ended, and DC viewed as having accepted the ruling on that part, then they have accepted that RKBA is "individual", and other cases may be brought in that jurisdiction pronto.
ctdonath
Member
...now that unrestricted "keeping" of long guns is legal in DC, perhaps the next case is to carry one for defense? Will DC seriously pursue a total ban on handguns if doing so will mean carrying a shotgun down the street becomes legal?
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