Parker Counsel Agrees with Me on Hutchison’s Bill
Here, I wrote of the bill to repeal the DC gun ban:
I would not want this bill to interfere with Parker heading to the supreme court.
We urge everyone to contact Congress and urge your Representatives and Senators to REJECT the Huchison and Ross-Souder bills.
These bills will destroy the Parker case, plain and simple. They are totally unnecessary — if we win, they will be pointless, and in the unlikely event that we lose, there is plenty of time to respond legislatively.
There are many ridiculous and harmful laws on the books that were not addressed in our case which Congress can and should repeal to fully implement the Parker decision. We have suggested language, which may yet be introduced, that would enable Congress to vote on the D.C. gun bans without hurting Parker.
Anyone who believes that mooting Parker will avoid a Supreme Court showdown on the meaning of the Second Amendment is delusional. Inaction by our community has led to losing the Second Amendment right at the federal level in 47 out of 50 states, because nobody controls the criminal defense bar.
Considering the aggressive way in which criminal defendants are now making Second Amendment claims, the circuit split, the DOJ’s pro-individual rights position, the level of debate in the legal academy, and the seven decades of Supreme Court silence on the topic, it is just a matter of time — and not much of it — before the issue goes to the high court.
It is Parker, or the next case. Plain and simple. You’re not going to like the next case.
It is nice that Sen. Huchison and NRA have expressed a desire to be supportive of Parker. Let’s see some conduct that is consistent with that position. This bill doesn’t cut it.
If you agree, then call Sen. Huchison, call your Senators and your Representatives, and by all means call NRA, and let them know that you understand this issue.
Lead Counsel, Parker v. D.C.
P.S.: As for en banc, it will probably be a few months before we find out. We will probably be ordered to respond to the en banc petition. We’re confident of prevailing at any en banc rehearing and after that, if need be, at the Supreme Court.
Update: BTW, for you locals, Corker and Alexander are co-sponsors of the bill.