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 #104973  by astro_wanabe
 
Looks like Round 2 of Palmer v. DC (showing that DC's hastily introduced may-issue carry license scheme still isn't Constitutional or in keeping with the Court's orders) is well under way. The court issued a preliminary injunction prohibiting DC from enforcing the requirement that a person have a "good cause" before getting a license to carry.

Brief explanation and link to pdf of injunction available at story:
https://www.firearmspolicy.org/news/leg ... urt-today/
A little over three months after Brian Wrenn, two other law-abiding gun owners, and the Second Amendment Foundation asked a federal court to stop Washington, D.C. from enforcing one of its new handgun carry license laws, Senior United States District Court Judge Frederick J. Scullin, Jr., issued a significant legal decision granting their motion for a preliminary injunction.

In response to Judge Scullin’s earlier decision in the case of Palmer v. D.C., which struck down D.C.’s total ban on carrying handguns outside the home, the District of Columbia passed new set of “may issue” license laws, including a “good cause”/”proper cause” requirement. Plaintiffs then filed suit, claiming that the “good cause” requirement was a violation of their Second Amendment right to keep and bear arms.

As explained in today’s decision, a party seeking a preliminary injunction must demonstrate “(1) a substantial likelihood of success on the merits, (2) that it would suffer irreparable injury if the injunction were not granted, (3) that an injunction would not substantially injure other interested parties, and (4) that the public interest would be furthered by the injunction.”
 #104981  by astro_wanabe
 
georgie c wrote:gee isn't that the same thing md. and most other bogus issue states demand? :banghead:
Pretty much. SCOTUS has been reluctant to take up any more 2A cases since McDonald, but there's talk that this case may eventually be taken up if it keeps getting fought. Like Heller, it has the advantage of being in DC, so SCOTUS could rule narrowly on the issue of a right to carry arms that are readily useable outside the home, without immediately taking up the issue of incorporating that right to the States (which could come from a suit in one of the other states you mention, like MD). It seems rather tailor-made (thanks to the good work of the Palmer layers, no doubt) to address narrow issues in a setting with fairly clear legal prohibitions on the RKBA. Seems like a great case for SCOTUS to take up, should it ever get there, and should SCOTUS still have enough of a pro-gun tilt when it gets there for a good ruling.
 #104987  by pick_six
 
i am not a lawyer, my caviat for this entire post. but it seems the score card is something like:

the district that covers IL and such says good cause is not constitutional.district 7?

the district that covers ny/nj and some says it is ok. districts 2/3?

the district that covers cali, is a toss up. first agreeing with the IL district, but now deciding to hear the case with the whole court, not just the 3 judges. district 9?

dc appeared to have modeled the MAY issue law similar to ny/nj.

i've read that this sets the stage for a scotus review, based on the conflicting rulings between districts. again, this just basing this on what i've read in a few places.

and scotus doesn't want to play until one side or the other gets another vote. pray they all live and do not resign onto BO leaves office. and that an R, but not RINO, gets in. or it'll be time to kiss things goodbye.
 #105067  by pick_six
 
yet another smackdown for dc. gotta love it.

told their last 2 schemes were unconstitutional, they resorted to the "pretty please" argument.

yeah... that didn't work either. so sorry dc!

http://www.breitbart.com/big-government ... rmits-now/

one interesting item i've read about their rules.

they have a MOVING GUN FREE ZONE. basically, and i am going from memory here, if you are within 100y of a police protected dignitary in dc, you are in a no-go zone. that one is kinda scary.

so i was sitting in china town, eating my lunch, and in walks <whoever>, with his police bodyguard detail. and i am arrested for violating their laws.

when these guys walk into you personal space, you're the one in violation. something just seems wrong there. and that does not appear to be one of the issues being raised.