Posted on 08/29/2017 12:55:54 PM PDT by marktwain
In Wrenn v D.C., the D.C. Court of appeals ruled that the right to keep and bear arms applied outside of the home. The majority opinion in the three judge panel was well written.
One option of the District of Columbia was to ask for an en banc hearing, where all the courts judges would hear the case, instead of the three judge panel that made the decision.
As expected, the district has exercised its option to ask for an en banc hearing. From saf.org:
BELLEVUE, WA – The District of Columbia has filed an appeal with the U.S. District Court of Appeals requesting an en banc hearing in a case recently won by the Second Amendment Foundation that struck down the “good reason” requirement for obtaining a concealed carry permit.
The case is Wrenn v. District of Columbia.
“The Second Amendment Foundation expected the City of Washington, DC to file this appeal in an attempt to try to overturn our court victory that said their virtual ban on the right to carry a firearm for self-protection was unconstitutional,” said SAF founder and Executive Vice President Alan M. Gottlieb.
A decision on the request is normally given in seven days. There are 11 active and 5 senior judges on the D.C. District Court of Appeals. If the request for the en banc hearing is accepted, 6 active judges need to vote to accept the request.
There were two active judges on the three judge panel. One voted for the decision and 1 voted against it. The senior judge on the panel was in the majority.
The D.C. Circuit only grants en banc review to .2 percent of the cases it hears. The arguments in Wrenn are
(Excerpt) Read more at ammoland.com ...
Now is the time to move on recouping our Constitution with a pro-USC SCOTUS.
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We need a couple of more seats on SCOTUS, but that +itch Bader-Ginsburg will go on life-support before she leaves and Kennedy will be taking Alzheimer’s medication before HE goes. Breyer is probably fossilized into his seat up there, so he is going nowhere.
At some point the DC government needs to stop wasting money and ignoring our rights. Congress can and should step in and say (1) no more federal money spent on this and (2) better yet, say that DC shall accept any other state’s CCW since it is a federal district. Time for congress to step in.
Rather than waiting for the occasional perfect & well-funded case to arise and slowly writhe thru the system (usually to be slapped down by maliciousness like in DC), methinks we should have a DIY guidebook for anyone & everyone wanting to preserve their rights without requiring interesting connections or deep pockets. There shouldn’t be 1 bi-annual case begging DC once again to adhere to already-rendered & flatly-ignored verdicts, there should be 1000 plaintiffs individually filing suit at a cost little exceeding pocket change. Likewise, rather than waiting >30 years for 922(o) to be challenged, there should be 10,000 annual plaintiffs demanding their right to standard militia arms; there should be 100,000 cases filed insisting “shall not be infringed” means what it says re: ownership & carry of mundane arms (standard semi-auto pistols & rifles). Rather than risking it all on one case (subject to unexpectedly bad plaintiff, flawed case, or biased judge), accept the odds of failing by multiple cases in differing jurisdictions with a range of plaintiffs, forcing conflicts of verdicts and driving the issue to SCOTUS - and there the justices seeing that it’s not just 0.0000001% of citizens wanting right, but a vast cross-section of law-abiding citizens demanding their rights.
DC needs to be incorporated back to Virginia and Maryland. DC is figuratively and literally a stinking Anti-American Swamp. Also it needs to be renamed The Swamp. Washington is dishonored being named of a government that is a 1000x more treacherous and treasonous than King George and England.
“We need a couple of more seats on SCOTUS, but”
The left didn’t hesitate to assassinate Scalia to create an opening for Felonia von Pantsuit to fill.
But the right are the evil ones. Sure.
I wish someone would legally smack down NY state and NYC, basically putting our communist mayor and governor on notice that “shall not be infringed” means exactly that. I have the right to bear arms endowed to me by my Creator. That Natural Right is absolute, and no man may deny me that Natural Right out of hand.
Incrementalism wins these cases. I understand why it’s frustrating, but the result of everyone filing lawsuits is that a leftist court can pick loser cases and use those to establish the law. Then they just dismiss all the others out of hand under the rule that the leftist court established because judges have strong incentives to move their dockets quickly and nothing is quicker than a fast dismissal without discovery or trial.
In 2A litigation there’s attorneys out there who file cases constantly and have gained a reputation for being able to lose really good cases because they either suck as lawyers or because they use it as a money mill to raise donations.
My theory is that you get enough cases in enough jurisdictions that you PLAN on conflicting verdicts. The Leftist judges of course rule as they will, but you ensure as many or more constitutionalist judges give correct verdicts - and then compel the higher courts to face a plethora of well-reasoned rulings against a few “because I said so” activists.
I appreciate your perspective, wanting well-reasoned incrementalism. Problem is we’re not incrementing enough (I’ve been following this stuff for 30+ years now, and we’ve barely achieved the right to keep _a_ gun in one’s home, while keeping an M16 in the car is practically impossible).
Wouldn’t it be nice to have a straightforward how-to guide for filing such a case yourself? Even knowing your case might be denied, might it help if thousands like you could put the court on notice that a meaningful percentage of their subjects are demanding their rights, rather than just groveling at legislative & judicial whims?
DC needs to be incorporated back to Virginia and Maryland.
The original idea was to prevent the Federal government from being at the mercy of a hostile state government. Right now, both MD and VA governments could be considered hostile.
Any way Virginia already got it portion back. That’s Arlington County, its Maryland’s turn!
I like Your Idea/Plan!!!
Sir Chode, Ya think this might work in Your world ?
that's what the NRA is doing... wait, nevermind FNRA
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