Posted on 10/24/2013 10:24:14 AM PDT by marktwain
The nation’s capital is the only place in America where no one is allowed to exercise his right to bear arms.
This is clearly unconstitutional, but the courts have thrown up repeated roadblocks to delay the law getting overturned for more than four years. The federal appeals court now will decide if this delay can continue.
SEE ALSO: MILLER: D.C. businessman faces two years in jail for unregistered ammunition, brass casing
On Tuesday, attorney Alan Gura petitioned for a writ of mandamus to the U.S. Circuit Court of Appeals for the District of Columbia on behalf of the plaintiffs to force the district court judge to issue an opinion in the case Palmer v. District of Columbia.
This type of request is rare in the legal process.
“We’re not sure what else we’re supposed to do,” the lawyer representing the Second Amendment Foundation in the case told me in an interview. “It’s not a step we took casually, but we don’t wish to wait another four years.”
The appeals court can either deny it summarily or ask for a response from the District before holding arguments and then ruling.
George Lyon is one of the plaintiffs in the case and an attorney who lives in the District. He noted that Mr. Gura first tried to go to Judge Frederick J. Scullin directly by filing a motion to expedite the case.
“Mandamus was our only option because there is no other way to force the judge to make a decision,” said Mr. Lyon. “The lack of a decision places me at risk any time I leave my house without the most effective means available to protect myself, a right clearly spelled out in the Constitution.”
(Excerpt) Read more at washingtontimes.com ...
Sounds to Me like the zero is waiting to finish buying up all the rest of the ammo then tell the court to go ahead now because the firearms are nothing but a hammer without ammo.
If it was a case that was being prosecuted against a “serf” that had a firearm You can bet it would be in the Express Lane.
BTTT
too should be to...
fast fingers, Thomas Jefferson spell checker..
Of course they won’t use up “all the ammo.” That is lefty zero-sum-game thinking.
In fact they have probably been a blessing to armed America. Because they are encouraging ammo manufacturers to go full tilt. And just at the propitious time, too. Sure we don’t have tax money to buy that ammo with, but ammo manufacturers don’t care. Our earned money spends equally well.
Does anybody want to make a wager which direction the court is going to take? I have an idea, but I don't think anybody is going to want to cover my bet.
Which court, district or circuit? I think the district knows it must go with a plain reading of the 2nd Amendment, so they are refusing to issue an opinion.
I don’t know which court. The next one, whatever it is.
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