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

[Igloodude]

Fenty will appeal.

There are pros and cons to all his options. Unfortunately for him, the one most anti's want - no appeal - leaves him in the worst position. While not appealing contains the "damage" nationally, limiting it to DC, that means that DC is stuck with the current Parker verdict and Fenty takes all the blame. Appealing is very risky for the anti-gun movement, but it can't get any worse for Fenty, while appealing at least gives him a chance of (even partial) reversal.

But not appealing doesn't contain the "damage" nationally - as other folks here have noted, the DC circuit court is where federal laws (and federal bans) get challenged. But anyway, I agree he'll appeal for the reasons both of us have cited.

How long does it take to become a legally FFL'ed dealer, by the way?

 

[Deanimator]

Appealing is very risky for the anti-gun movement, but it can't get any worse for Fenty, while appealing at least gives him a chance of (even partial) reversal.

Don't be so sure it couldn't get worse for him.

If he appeals and loses, he could be known as the man who ended gun control in the United States.

If that happens, the NRA ought to name some sort of lifetime achievement award after him!

 

[Bartholomew Roberts]

D.C. has to fight this at some point. If they fail to appeal this (and any similar rulings that are sure to come), it will start dismantling federal gun control laws as surely as if SCOTUS had ruled in their favor. So from that perspective, now is as good a time as any - in fact now may be better since they certainly don't want us to build momentum.

On the flip side, if they don't appeal then maybe the next case that comes through doesn't have plaintiffs who are so clean-cut and lovable as this group. Maybe the facts aren't quite as bad for them - and even if the facts and plaintiff are bad for them, they still will dodge having to deal with the issue during the 2008 election.

As far as I can see, the antis don't really have a clear cut path on whether to appeal or not appeal. Either choice could turn out bad for them in the long run. They are kind of in the same position we were pre-Parker appeal.

 

[Langenator]

A tangential issue, but, given that Fenty and DC requested a stay on complying with the DC Circuit's ruling while they appeal, what are the odds of them being held in contempt of court by the DC Circuit if they don't appeal?

 

[ctdonath]

I don't know that he can be held in contempt, as there was no explicit statement yet that he would appeal.

However, should he not appeal, judges may be exceedingly reluctant to extend Fenty - or DC in general - future stays.

 

[ctdonath]

Don't be so sure it couldn't get worse for him. If he appeals and loses, he could be known as the man who ended gun control in the United States.

Thing is ... it's gonna happen on his watch anyway, regardless of what he does. Regardless of whether he appeals, pro-gun suits WILL be filed in the DC circuit. You see, that's where the feds are ... that's where the BATFE is ... and that's where the official federal infringements on RKBA will formally occur. If, next week, Fenty announces he won't appeal, there will be a flurry of lawsuits filed in DC in short order ... AND Fenty will have given his (albeit grudging) acceptance of the Parker verdict. At least if Fenty appeals, he will (1) hold off any hugely impacting pro-RKBA suits for another year (roughly), and (2) make at least a final attempt to get Parker reversed.

If he does not appeal, he has caved.
So long as there is one more chance for an anti-gun win, he must take it.

 

[ctdonath]

How long does it take to become a legally FFL'ed dealer, by the way?

Unless you actually want to run a firearms business, and you live in DC, get the Type 03 FFL - Collector of Curios and Relics (aka C&R). Takes about a month to process. A few easy forms, $30, and a copy sent to the local CLEO (not for approval, just notification), and you can have a nice (albeit a bit old) 7.62x25 semi-auto pistol shipped to your door for about $150.

 

[Outlaws]

Unless you actually want to run a firearms business, and you live in DC, get the Type 03 FFL - Collector of Curios and Relics (aka C&R). Takes about a month to process. A few easy forms, $30, and a copy sent to the local CLEO (not for approval, just notification), and you can have a nice (albeit a bit old) 7.62x25 semi-auto pistol shipped to your door for about $150.

While technically an FFL, it doesn't count for what the question was. And aside from a few old guns to your doorstep and a few really nice discounts at Midway, its useless as an "FFL".

 

[Igloodude]

Unless you actually want to run a firearms business, and you live in DC, get the Type 03 FFL - Collector of Curios and Relics (aka C&R). Takes about a month to process. A few easy forms, $30, and a copy sent to the local CLEO (not for approval, just notification), and you can have a nice (albeit a bit old) 7.62x25 semi-auto pistol shipped to your door for about $150.

Thanks, but I meant in the context of "could sell or legally facilitate out-of-state transfers to DC residents". If Fenty does cave, or SCOTUS denies cert on Parker, that DC FFL business will probably thrive.

 

[Brett Bellmore]

IF they won't appeal it will be VERY short time before somebody will challenge 1986 FA ban. Based on Parker wording bans are indefensible. So here comes thousands new select fire weapons.

I'm thinking he won't appeal. If they can hold off this reaching the Supreme court for a few years, they can keep the 2008 election from being about gun control, and potentially have a better court, (From their perspective, of course!) and uglier plaintiffs making more radical demands. It's a no brainer. He's got to be under incredible pressure to give it a pass.

Heck, if our side can go hunting for a good case to push, what's to stop them from funding a mass murderer's appeal of the 1986 ban, just to make sure the plaintiff is as nasty as possible?

 

[armoredman]

What is the last day he can appeal this?

 

[Big Bore]

I'm a DC resident, and have sent a letter to my mayor encouraging him to appeal. Like others, I am predicting he will not, and will instead pass a new set of laws that leave the ban virtually intact, resulting in more litigation.

There are no FFL dealers in DC, as far as I know, so I am not sure how I would purchase a hand gun. Someone earlier had asked about DC residents being able to attend any state university at in-state tuition rates--that is true (assuming you can get into one, after attending DC schools), but does not mean we have universal state citizenship--it is a special law.

 

[Mazeman]

What is the last day he can appeal this?

It's August 7th, give or take a day.

As someone else said, Fenty already knows what he's going to do. He can't just blurt out his intention at the last second. From ArmsAndTheLaw.com: "It can take weeks to get the petition and record printed. Yes, the Supremes require real offset printing."

 

[ctdonath]

Big Bore,
Apply for a C&R license. It's $30 and the paperwork is very simple & straightforward, rapidly processed. While limited to older guns, you can have 'em shipped interstate to your door. A 7.62x25 semiauto pistol should do you fine until stores & laws work out to easily get a more modern gun.

Outlaws,
The point was that a C&R will get an individual thru the "where to buy" question for now. Yes they may be old, but some "relics" will do DC residents very nicely for now with minimal hassle, getting past the "no FFLs in DC" problem (esp. before Fenty can implement more oppressive laws). I wasn't sure if the question was really "how long until someone gets an FFL so I can buy a gun in DC" or "I want a handgun in DC, what is the fastest way to get one".

 

[Bubbles]

Just another thought - if Fenty doesn't appeal then the 90-day stay preventing the ruling from going into effect will very likely be immediately rescinded, and the DC City Council has not passed or even introduced any changes to their current firearm regulations (yet).

IIRC Judge Silberman wrote that the only reason that the stay was issued was to give DC time to craft an appeal. If DC announces that it's not appealing the case then the stay will very likely be lifted as soon as Judge Silberman can find a pen...

 

[tinygnat219]

If DC were smart, they'd let the ruling sit, and then put out all kinds of Draconian laws concerning handgun ownership. It would be legal, but a useless kind of legal.

 

[K-Romulus]

Breaking*

The DC NPR station just made it sound like Fenty will hold a press conference TODAY to announce the decision. The story made it sound like the appeal is a go, but was pretty hard to understand. I will update if I hear anything more.

 

[armoredman]

Buckle up, this could be a wild ride.

 

[baz]

Anybody who can stay tuned in locally, keep us updated!

I've wondered if, because of the time it takes to print up the appeal, we might know before the last minute that an appeal was coming. Maybe this is it.

Edit: here's a local report saying that it's a yes.