Palmer Right to Carry Case Summary Judgment Brief Here

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Here is the Summary Judgment Brief on behalf of the citizens trying to obtain carry permits in D.C.

Alan Gura, the attorney who won the Heller case and who is litigating the McDonald case, is also fighting to have D.C.'s ban on carrying ruled unconstitutional.

Interesting that he picked non-residents whose beef is that they are being denied because there is a ban on non-residents getting a carry permit.

In New Jersey we have a statute that nominally allows carry permits to issue but the New Jersey police and judges will not let private citizens obtain a carry permit. I think this borders on tyranny because if you have a right there is no legal basis for a public official or a judge to decide on their discretion whether you really have a need to exercise that right.

The brief first establishes that a legislature can ban open carry or concealed carry, but not both.

The brief then establishes that the right to carry can not be restricted based on non-residency in the District.



http://www.archive.org/download/gov.uscourts.dcd.137887/gov.uscourts.dcd.137887.5.1.pdf
 
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Entire Docket sheet from Palmer.
Note that oral argument on cross motions for summary judgment was on January 22, 2010.

Date Filed # Docket Text
08/06/2009 1 COMPLAINT against DISTRICT OF COLUMBIA, CATHY LANIER ( Filing fee $ 350, receipt number 4616022974) filed by TOM G. PALMER, GEORGE LYON, EDWARD RAYMOND, AMY MCVEY, SECOND AMENDMENT FOUNDATION, INC. (Additional attachment(s) added on 8/11/2009: # 3 Complaint: # 4 Civil Cover Sheet) (ks, ). Modified on 8/11/2009 (ks). (Entered: 08/07/2009)

08/06/2009 2 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SECOND AMENDMENT FOUNDATION, INC. (ks) (Entered: 08/07/2009)

08/07/2009 3 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DISTRICT OF COLUMBIA served on 8/6/2009, answer due 8/26/2009; CATHY LANIER served on 8/6/2009, answer due 8/26/2009 (Gura, Alan) (Entered: 08/07/2009)

08/07/2009 Summons (3) Issued as to CATHY LANIER DISTRICT OF COLUMBIA., SUMMONS Issued as to CATHY LANIER, Andrian Fenty and U.S. Attorney General (ks) (Entered: 08/07/2009)

08/18/2009 4 Consent MOTION for Extension of Time to Respond to the 1 COMPLAINT against DISTRICT OF COLUMBIA, CATHY LANIER by DISTRICT OF COLUMBIA, CATHY LANIER (Attachments: # 1 Text of Proposed Order)(Saindon, Andrew) Modified on 8/18/2009 to correct docket text and add correct linkage (tr). (Entered: 08/18/2009)

08/18/2009 MINUTE ORDER granting 4 Consent Motion to Enlarge Time to Respond. Accordingly, defendants' response to the complaint is due on or before September 9, 2009. Signed by Judge Henry H. Kennedy, Jr. on August 18, 2009. (lchhk1) (Entered: 08/18/2009)

08/19/2009 Set Deadlines: Answer due by 9/9/2009. (tj) (Entered: 08/19/2009)

08/26/2009 5 MOTION for Summary Judgment by TOM G. PALMER, GEORGE LYON, EDWARD RAYMOND, AMY MCVEY, SECOND AMENDMENT FOUNDATION, INC. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Statement of Facts, # 4 Declaration of Tom G. Palmer, # 5 Declaration of George Lyon, # 6 Declaration of Edward Raymond, # 7 Declaration of Amy McVey, # 8 Declaration of Alan Gottlieb, # 9 Exhibit A, # 10 Exhibit B, # 11 Exhibit C, # 12 Exhibit D)(Gura, Alan) (Entered: 08/26/2009)

09/09/2009 6 MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment by DISTRICT OF COLUMBIA, CATHY LANIER (Attachments: # 1 Statement of Facts, # 2 Exhibit Opposition to PSMF, # 3 Text of Proposed Order)(Saindon, Andrew) (Entered: 09/09/2009)

09/09/2009 7 NOTICE that Defendants' Motion for Summary Judgment also serves as their Opposition to Plaintiffs' Motion for Summary Judgment by DISTRICT OF COLUMBIA, CATHY LANIER (Saindon, Andrew) (Entered: 09/09/2009)

09/09/2009 8 Memorandum in opposition to re 5 MOTION for Summary Judgment filed by DISTRICT OF COLUMBIA. (tr)(See Docket Entry 6 to view document. Counsel is reminded to docket all parts of the pleading in future filings.) (Entered: 09/10/2009)

09/11/2009 NOTICE of Hearing on 6 MOTION for Summary Judgment and 5 MOTION for Summary Judgment : Motion Hearing set for 1/22/2010 @ 2:00 PM in Courtroom 27A before Judge Henry H. Kennedy. *Note: Parties will be allowed 20 minutes per side for oral argument*(tj) (Entered: 09/11/2009)
09/23/2009 9 Memorandum in opposition to re 6 MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment filed by TOM G. PALMER, GEORGE LYON, EDWARD RAYMOND, AMY MCVEY, SECOND AMENDMENT FOUNDATION, INC.. (Attachments: # 1 Statement of Facts in dispute, # 2 Exhibit E, # 3 Exhibit F, # 4 Exhibit G)(Gura, Alan) (Entered: 09/23/2009)

09/23/2009 10 REPLY to opposition to motion re 5 MOTION for Summary Judgment filed by TOM G. PALMER, GEORGE LYON, EDWARD RAYMOND, AMY MCVEY, SECOND AMENDMENT FOUNDATION, INC. (tr)(See Docket Entry 9 to view document. Counsel is reminded to docket all parts of the pleading in future filings.) (Entered: 09/24/2009)

09/30/2009 11 Consent MOTION for Extension of Time to File Response/Reply by DISTRICT OF COLUMBIA, CATHY LANIER (Attachments: # 1 Text of Proposed Order)(Saindon, Andrew) (Entered: 09/30/2009)

10/01/2009 MINUTE ORDER granting 11 Consent Motion for Extension of Time to Reply. Accordingly, defendants' reply in support of its motion for summary judgment is due on October 7, 2009. Signed by Judge Henry H. Kennedy, Jr. on October 1, 2009. (NP) (Entered: 10/01/2009)

10/06/2009 12 REPLY to opposition to motion re 6 MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment filed by DISTRICT OF COLUMBIA, CATHY LANIER. (Saindon, Andrew) (Entered: 10/06/2009)

01/15/2010 13 NOTICE OF SUPPLEMENTAL AUTHORITY by GEORGE LYON, AMY MCVEY, TOM G. PALMER, EDWARD RAYMOND, SECOND AMENDMENT FOUNDATION, INC. (Attachments: # 1 Exhibit A)(Gura, Alan) (Entered: 01/15/2010)

01/22/2010 Minute Entry for proceedings held before Judge Henry H. Kennedy: Motion Hearing held on 1/22/2010 re MOTION for Summary Judgment. Oral argument held and the court takes its decision under advisement. (Court Reporter: Annie Shaw.) (tj) (Entered: 01/22/2010)

01/29/2010 14 RESPONSE re 13 NOTICE OF SUPPLEMENTAL AUTHORITY and Additional Briefing filed by DISTRICT OF COLUMBIA, CATHY LANIER. (Saindon, Andrew) (Entered: 01/29/2010)
 
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