D.C. Fails to Follow Court Order in 2A Case, Motion for Contempt filed

Gun Watch ^ | 28 May, 2015 | Dean Weingarten

[marktwain]

Alan Gura has filed a motion to hold the District of Columbia in contempt for failing to follow Judge Scullin's preliminary injunction in the Wrenn v. D.C.   second amendment case.

The  motion is very well written, the logic is clear.  Here is an portion:

7.  Mr. Powers’ experience is particularly troubling. He is a licensed D.C. firearms instructor, who was (finally) allowed to register his handgun.1 There is no question that Powers meets all background check and training requirements. There is no legal basis to deny him a permit.


8.  District law does not provide for this sort of 90 day delay. The District has 90 days to issue the permit, and may extend this time period for an additional 90 days “where there is good cause for additional time to complete the investigation and the applicant is so notified in writing.” 24 D.C.M.R. §§ 2339.1, 2340.1. “After completing the investigation of the application, the Chief shall either: (a) Deny the application pursuant to § 2340; or (b) Issue a preliminary approval of the application.” 24 D.C.M.R. § 2339.2 (emphasis added). Since “good reason” and “proper reason” no longer need be investigated, there is no need for the process to take even 90 days, let alone 180 or more days.

It is not common for courts to hold local governments in contempt.  I would not hold my breath expecting Judge Scullin to do so, as much as it may be deserved.  Gryphon at mdshooters.com  makes this prediction:

IMO, if I had to place bets, one of two possible outcomes:

1) DC issues the permit and files an opposition stating the motion is moot, and that goes whether or not they have yet filed an appeal and a motion to the DC Circuit for a stay; or

2) DC files their appeal within the time they have to oppose Gura's motion in the District, accompanied by a motion to stay, which will probably be granted and thereby moot Gura's motion.

This is fun stuff, but likely calculated more to push DC along one way or another rather than with any expectation the motion will actually be granted. In other words, more likely intended to cut off the games by DC before they start playing them again.

 If you can, read the whole motion.  Gura and his team do a wonderful job.


©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

[marktwain]

Followup: D.C. asked Judge Scullin for a stay on his preliminary injunction, he has refused to stay his order.

[thorvaldr]

No matter how much contempt they have for you they won’t have any legal ramifications for their tyranny. Laws are for the little people, not our masters.

[epow]

The D.C. anti-gun Nazis will use every delaying trick in the book to keep from granting carry permits and court order be damned. Every applicant will run into this stalling tactic, and most will finally give up after trying to get a CCL for months or even years and either risk jail by carrying illegally or continue risking their lives and property by going unarmed in probably the most dangerous crime-ridden municipality in the U.S. I would like for a USSC Justice to explain to me how the court's decision on an issue such as 2nd Amendment rights can be ignored for all practical purposes without any consequences for the responsible officials.

[bravo whiskey]

Given you can’t conceal carry in federal buildings, half of dc is off limits to residents and most of dc is off limits to conceal carry tourists. Hell depending on who you ask my normal CRKT is illegal in the freak state and balmerstan which is why I no longer visit family there.

[RandallFlagg]

Alan Gura is a stud. We gun owners owe folks like him, Alan Gottlieb and others a lot.

I send them all donations as I am able.

[paulcissa]

This isn’t about DC. Gura and his team are building case-law. Big picture perspective.

[marktwain]

At least Judge Scullin is recognizing that there *is* a second amendment.

This is laying the groundwork for lawsuits directly against city officials who violate the law.

In the 6th Circuit, the appeals court held that a police officer could be personally sued for arresting a person who legally open carried a handgun, because openly carrying a handgun was legal and protected.

I believe that eventually, officials in DC will be liable for future actions.

It seems doubtful that they will be held liable for present and past actions.

[epow]

I believe that eventually, officials in DC will be liable for future actions.

I hope you're right not, that I intend to ever visit the D.C. again. Last time I was there I got lost and ended up in what must have been the worst section of the city with my gas gauge on empty with the red warning light showing. I finally wandered into a somewhat less threatening area and found a gas station that appeared to be safe enough to risk getting out of the car.

After that nerve racking incident I promised myself that I wouldn't get more than a block or two away from the Mall if, God forbid, I ever have to go into D.C again. But it's a cryin shame that an American citizen can't have access to his/her Capitol city without needing an armed escort in order to feel safe enough to get out of his/her car.