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

[lacoochee]

If SCOTUS strikes down Parker v. DC....

Actually, since no one takes the 2 amendment seriously at this point, this is where we are currently. If it is decided against Parker, then at least we know where we stand, that day we start pushing for an amendment to the constitution to make it CLEAR that the second amendment is about individual "uninfringed" ownership and clearly define it as being incorporated into the 14th amendment. Barring that, we are essentially in the same boat as we are right now, we have to keep electing pro-gun politicians and punishing anti-gun politicians.

 

[ServiceSoon]

lacoochee: I don't this struggle will ever end. Even if we get the "correct" ruling by SCOTUS.

 

[WYO]

I seriously doubt that the consternation is solely about D.C.’s local concerns. From D.C.’s perspective, to fail to apply for certiorari is to lose, as noted by damien. I think the concern is coming from the outside, because this is the most likely Supreme Court in the last few decades to uphold the D.C. Circuit. The stars and planets are perfectly aligned. I bet Sarah Brady types worry less about D.C.’s local battle than about losing the war in all the circuits.

I also agree that the war would not end with a favorable ruling by the Supreme Court.

 

[Outlaws]

God, I hope he appeals this. Down with the FA ban!

But as for guns getting into the city, won't FFL's still have to open shop? That means getting an FFL from the ATF because you can't just setup shop anywhere as far as I know. You need to tell the ATF were your business is located and I am sure there are not many FFLs in DC unless they are LEO hangouts.

 

[Kentak]

I dunno if this is a good idea. I don't agree we have nothing to lose. At least now there is an open debate about whether the 2A confers an individual RKBA. That at least gives something pro-gun politicians to argue in gun control debates. Win Parker, and yes, that can only help (depending on what "but"s the court might add in their opinion. However, lose Parker, and we are in deep doo-doo. Am I wrong?

K

 

[yhtomit]

You know, there are some oddities besides this one about D.C. citizenship ... for instance, according to my friend Pete McDermott (who knows something very close to Everything, it seems), D.C. residents get to go to any state university in the country, and pay the in-state rate. (Can anyone confirm / deny this?) Something to do with losing out on all the land-grant colleges that residents of so much of the country benefit from. If a lawyer passes any state's bar, they can waive into D.C.'s.

It would be a nice turnaround if D.C. residents suddenly were allowed to buy according to the laxest rules of any other state, for good measure

timothy

 

[Outlaws]

However, lose Parker, and we are in deep doo-doo. Am I wrong?

Why? I would love to see our .gov just get it over with and declare it a police state.

 

[GunTech]

They won't ever declare. As someone else said, when fascism comes to America, it will be wrapped in the flag and carrying a cross. Even the old Soviet empire declared itself a replublic.

Notice how they call Ron Paul a looney because he says things about ruling according to the Constitution.

 

[Davo]

They wont appeal...remeber I said that.

 

[precisionshootist]

They wont appeal...remeber I said that.

I second that motion! The downside is just too great. What they are likely working on now is other unconstitutional bull**** legslation/rules/regs, etc.

 

[illspirit]

Can Fenty appeal it, then repeal the law after cert is granted, and move for dismissal on lack of standing? Or does SCOTUS not play that game?

 

[General Geoff]

that's up to the supreme court's discretion. They can decide to rule on it anyway, I'd imagine.

 

[Tim James]

I'll predict an appeal, DC will lose on a narrow decision based on a technicality that does nothing for gun rights, and will create a slightly different law. Kind of like the 1000 ft rule around schools for possessing a gun.

 

[GEM]

They appeal and lose but the decision gives them the option of putting in some kind of very tough discretionary system for handguns. Long arms will need to be registered.

You heard it here.

Remember those 'conservative' judges are not free wheeling libertarians but chosen by rather authoritarian statist, big business conservatives. When push comes to shove, rights are not their strong point.

 

[ghschirtz]

The basis of Parker's majority is the inalienable, individual right to effective self-defense, not gun possesion, as the intent of 2A.

THAT precedent will be very great trouble for Bloomberg, Brady et. al.

They will not appeal. Fenty will borrow rules from NYC and hope no one pushes on it. I am not sure his hope will be rewarded, but it would boot the issue a few years out, when St. Hillary might have arranged a more compliant SCOTUS to affirm that individual self-defense is not the driving issue. See the sig line from Himmler for her statement after such a decision. Maybe the names of the organizations will change, maybe not.

 

[rdhood]

I'll predict an appeal, DC will lose on a narrow decision based on a technicality that does nothing for gun rights, and will create a slightly different law. Kind of like the 1000 ft rule around schools for possessing a gun.

They will not appeal, but will create a slightly different law... like 1000 ft rule around schools, bus stops, churches, playgrounds, etc. Enough places so that there might be 1 square foot somewhere in DC where a gun is permitted.

 

[Boats]

They will not appeal, but will create a slightly different law... like 1000 ft rule around schools, bus stops, churches, playgrounds, etc. Enough places so that there might be 1 square foot somewhere in DC where a gun is permitted.

You shouldn't make it so obvious that you haven't read the court decision. The DC government cannot do what you propose since the entire thrust of the opinion was to reaffirm the constitutional right of the individual to have a fully functioning and accessible handgun or longarm with the confines of one's own home.

 

[lacoochee]

acoochee: I don't [think] this struggle will ever end. Even if we get the "correct" ruling by SCOTUS.

Totally agree.

In so far as not appealing and applying some incrementally less restrictive law, that is very probable but it still leaves them with a problem. The standing decision and the wording of that decision by the DC Circuit courst is going to leave them (DC) and the "Brady Bunch" with a huge headache, the DC Court is where you go to challenge the Federal Government. Reading that decision is like reading some of the very best threads on the High Road in fact unless I knew better I would swear the perused and borrowed. Their next law will not stand up either because in essence they are blind to the arguments that produced the decision against them and will make the same mistakes AND the prior case can be cited as reason for summary "destruction" of the new law.

 

[Bubbles]

Just a thought, but... if Fenty decides not to appeal, couldn't someone else ask the USSC for a ruling on the Second Amendment since a disparity exists at the Appellate level between the DC court (individual rights interpretation) and the Sixth and Ninth circuits (collective rights interpretation)?

 

[fletcher]

I've been saying this for weeks here!

Guess we'll just have to wait and see how this plays out for their reaction. This has the potential to be really good, or really bad, not so much in between.

 

[mblat]

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.
So while downside for antis is indeed great what choice do they have? They know that the day after Parker goes in effect there will be somebody carefully preselected with the good character etc. requesting to register new SMG. He will be turn down. And he will file in DC. And agaign based on Parker will have better than 90% chance of winning.
Anti' only hope at this point is
1. at state level
2. ammo regulations like latest OSHA crap.
3. Wait long enough for Bush to be replaced so they can restock SCOTUS with "better" judges.
They have to delay - once this train of overturned federal regulations gains speed - there is no stopping it.
They will file an appeal.

 

[buzz_knox]

Actually, since no one takes the 2 amendment seriously at this point, this is where we are currently.

Actually, more and more legal scholars are looking at the 2nd Amendment and finding, often to their dismay, that it does guarantee an individual right. That trend has been growing for years and is at its strongest now.

But if the Supremes go the other way, all that momentum is lost and the 2nd Amendment will effectively cease to exist.

If Parker goes wrong, we will be in a very bad situation.

 

[Matt King]

"Tiahrt Amendment" — named for its sponsor, Rep. Todd Tiahrt, Kansas Republican — which restricts access to federal gun trace data.

While technically true, that is a very misleading statement about the Tiahrt Amendment.

 

[ctdonath]

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.

 

[Elza]

My guess is that he wants to. The question is will he bow to political pressure (screaming ‘No! Don’t do it!) or do what he wants to do? I think that he will bow to the other politicos and let it drop then attack it with draconian local laws. Just have to wait an see.