Fenty To Decide On Parker Appeal "Within The Next Week"

[Mazeman]

Well, that's not surprising since they only have until the first week in August.

But....if they don't appeal, look for an influx of *legal* guns.

//Blood will flow in the streets!!!!

Link

D.C. Mayor Adrian M. Fenty yesterday said he is close to a decision on whether city officials will appeal to the U.S. Supreme Court a federal court ruling that would repeal the District's 30-year-old handgun ban.

"We're planning to make that announcement within the next week," Mr. Fenty said yesterday. "We're still exploring all of our options."

The Supreme Court appeal must be filed within 90 days of May 8, the date a federal appeals panel of the U.S. Court of Appeals for the D.C. Circuit declined to reconsider its earlier ruling in the case.

That gives Fenty administration officials roughly until the end of the first week in August to file the appeal.

On March 9, a three-judge panel of the Court of Appeals ruled 2-1 to reverse a lower-court decision against six D.C. residents who sued to keep their guns for self-defense.

The ruling repealed much of the city's ban on handguns, but the ban has remained intact through the appeals process.

Metropolitan Police spokeswoman Traci Hughes said if the mayor does not appeal the ruling to the Supreme Court and the D.C. Council does not enact any legislation restricting the sale or use of handguns, residents can begin legally purchasing guns after the appeal period expires.

If the mayor does not appeal the ruling, the ban will expire while the council is in recess, which could delay the introduction of new legislation regulating the sale and use of handguns.

Mr.Fenty, a Democrat, made the remarks after an appearance on Capitol Hill with a handful of other big-city mayors for an initiative called Mayors Against Illegal Guns.

Mr. Fenty was among a dozen or so other mayors from across the country to speak out against the so-called "Tiahrt Amendment" — named for its sponsor, Rep. Todd Tiahrt, Kansas Republican — which restricts access to federal gun trace data.

Preliminary police statistics show that, as of yesterday, there were 619 robberies at gunpoint and 387 assaults with a gun in the District this year.

 

[scout26]

Mr.Fenty, a Democrat, made the remarks after an appearance on Capitol Hill with a handful of other big-city mayors for an initiative called Mayors Against Illegal Guns.

If they appeal then they'll have to change the name of their group to Mayors Against Illegal and Legal Guns.

Preliminary police statistics show that, as of yesterday, there were 619 robberies at gunpoint and 387 assaults with a gun in the District this year.

Impossible, as it is illegal to have guns in DC, therefore none of these incidents could have happened.

 

[Whirlwind06]

I bet he is going take one for the anti team.
I think the antis are very afraid the SC ruling could go our way.

 

[fletcher]

Here's hoping we don't lose the SC case...

 

[Mazeman]

The interesting thing is that it sounds like if Fenty doesn't appeal, then as of next month people can ignore the existing law: Have functioning firearms, FFLs can start selling, etc. Sounds like there's not much time for the city council to act.

 

[fletcher]

If they let it expire, and firearms begin to legally fill homes, I can't wait for the crime rate to remarkably drop.

 

[nobody_special]

If they appeal then they'll have to change the name of their group to Mayors Against Illegal and Legal Guns.

Only if they lose on appeal; otherwise, all guns are illegal guns in DC.

 

[yhtomit]

"The interesting thing is that it sounds like if Fenty doesn't appeal, then as of next month people can ignore the existing law: Have functioning firearms, FFLs can start selling, etc. Sounds like there's not much time for the city council to act."

I don't know if it's that simple (honest! I don't! always believe my claims of ignorance ), but if so, I hope several readers from this forum are among the first in line.

That would be a cool photo op -- responsible individuals exercising a measure of restored liberty.

timothy

 

[Carl N. Brown]

Mr.Fenty, a Democrat, made the remarks after an appearance
on Capitol Hill with a handful of other big-city mayors for an initiative
called Mayors Against Illegal Guns.

Why dont they cut the hypocrisy and bulsht and themselves what
they really are: Mayors Against Legal Guns Too?

 

[Deanimator]

If Fenty appeals, I think it's going to be a VERY bad couple of years for Dick Daley...

 

[damien]

Fenty will appeal.

Appeal = Can win or lose
Don't appeal = lose

 

[carnaby]

How does someone in DC go about legally buying a firearm anyway? Can you buy from one of the neighboring states? Do you have to buy from a FFL or private party from within DC?

 

[fletcher]

^ Interesting point. If you must buy from an FFL in DC, I wonder if they could simply prevent any from setting up shop there in order to maintain an essential ban.

 

[scout26]

Fenty will appeal.

Appeal = Can win or lose
Don't appeal = lose

Not quite that simple.

Appeal and lose, then depending on the ruling all gun control laws nation wide can potentially come into play (read be challanged in court)

Apeal and win, then it's a very sad day in THR land.

Don't appeal - Existing law goes buh-bye, but DC writes new ones that are just slightly different enough to comply with the circuit's ruling, but still effectively bans them. See this post: http://www.thehighroad.org/showthread.php?p=3385829#post3385829

 

[Langenator]

Are there any FFLs in DC? FFLs in VA and MD, or any other state for that matter, can't sell handguns directly to DC residents (or residents of another state). The handgun must be transferred to an FFL in the buyer's home state (or DC) who then transfers it to the buyer.

So, if there are no FFLs in DC, how would a DC resident go about buying a handgun?

 

[Henry Bowman]

Writing a petition for cert. to the Supreme Court is not filing a paper saying "I hereby appeal." Having just assisted in writing one (on a trademark issue), I can say that it is a huge undertaking, even if you were involved in the Court of Appeals case below.

They can get a 30-day extension to file the petition (almost for the asking), but that can't wait to the last minute either. The whole "I'm trying to decide" is bogus. It is either well underway or he is stalling on admitting defeat.

If you must buy from an FFL in DC, I wonder if they could simply prevent any from setting up shop there in order to maintain an essential ban.

:banghead: I've been saying this for weeks here!

 

[damien]

If you must buy from an FFL in DC, I wonder if they could simply prevent any from setting up shop there in order to maintain an essential ban.

This would only be a stall tactic. DC would be sued again and would presumably lose again in the same court.

 

[Mazeman]

When you apply for an FFL, do you have to specify the location for the license, or is it good throughout the US? In other words, after the deadline, can someone with an existing FFL from, say, Virginia, just open a business in DC?

 

[K-Romulus]

I saw a national list of FFLs somewhere that listed three or four FFLs in D.C. If so, that would solve that first problem.

 

[waterhouse]

When you apply for an FFL, do you have to specify the location for the license,

Yes.

 

[Tim James]

Only if they lose on appeal; otherwise, all guns are illegal guns in DC.

Ding ding ding! That's why this new push against "illegal guns" has a sinister end in mind.

Should we start emailing Fenty's office to push him to appeal? Pretend like we are from The Road To Prevent Illegal Gun Violence?

 

[ServiceSoon]

If you must buy from an FFL in DC, I wonder if they could simply prevent any from setting up shop there in order to maintain an essential ban.

If I recall...there is a story that can be found on THR about this sort of tactic being used in Chicago. And here it is!

 

[jnojr]

If SCOTUS strikes down Parker v. DC, then that will be the time to either use our guns, or just toss 'em into the ocean before they get us killed. And I doubt anyone will want to use them.

If this case does go to SCOTUS, it will be one of the defining decisions in the history of this country.

 

[ghschirtz]

I would bet Fenty is borrowing lawyers from Bloomberg to write law for DC like NY's. That might work, or it might really get the lot of them in trouble if they lost that one in court.

Whatever, I expect the first option is strategic lawyering, not following through on heartfelt convictions of being right.

 

[Guido2006]

If the mayor does not appeal the ruling, the ban will expire while the council is in recess, which could delay the introduction of new legislation regulating the sale and use of handguns.

That puts Fenty in quite a pickle. Can't say I feel bad for him getting himself in a rather uncomfortable position. But I agree with several other posters, it appears that he has little choice but to appeal.