This is a big deal
The Second Amendment Foundation:
The U.S. District Court of Appeals for the District of Columbia Circuit has turned down a request from the city for an en banc hearing on the concealed carry case of Wrenn v. District of Columbia, amounting to a strategic win for the Second Amendment Foundation.
According to the court, not a single judge on the court requested a hearing. Earlier, a three-judge panel had ruled in favor of plaintiffs Brian Wrenn and SAF. The case challenges the Districts carry permit policy that requires citizens to provide a good reason to be issued a permit. The Appeals Court struck down that requirement.
Ten years ago, Washington D.C.s political leadership tried to extinguish Second Amendment rights before the Supreme Court, noted attorney Alan Gura, who represents the plaintiffs. The result was D.C. v. Heller, a tremendous victory for the rights of all Americans. With the court of appeals again confirming the peoples right to bear arms, Washington, D.C.s politicians must once again ask themselves whether it makes sense to keep resisting our fundamental rights.
Excellent news. Off to the Supreme Court?
September 29th, 2017 at 5:35 pm
We have the right, whether or not it is recognized by judges, cops and politicians. In denying the right, they’re committing a criminal act. They would do well to keep that in mind.
At some point maybe we’ll realize that we can press criminal charges against them, and then the real weight of the second amendment, and the rights it protects, will manifest. Until then we’re really only playing around on enemy turf (begging the violators for accommodation of some piece of our rights). Once we decide to play it on our turf, the politicians will beg us for accommodation, which is more in line with the way this country was designed.
September 29th, 2017 at 6:51 pm
And they will keep trying… Sigh… Expect them to take this to SCOTUS.
September 29th, 2017 at 7:35 pm
Lyle, until prosecutions start happening for violating the 2nd per the 14th amendment the petty little tyrants in states, cities, and other smaller fiefdoms, will keep trying to suppress natural rights.
September 30th, 2017 at 1:54 am
Of course it’s off to the Supremes. It’s not like it cost any of those dickheads their own money to appeal.
The people getting screwed by these policies will pay the bill.
We can’t just go around giving people too much freedom now can we?
That’s just crazy talk…
September 30th, 2017 at 5:10 am
DC will not appeal to SCOTUS. They did that in Heller and we got the 2 A to be recognized. With Gorsuch it is doubtful that DC will win and if SCotus does shall issue That is it for the nation.
SCOTUS still can decide based on the splits of 4 th, 2nd and 9 th against 7th , DC, and 5 for it.
September 30th, 2017 at 5:19 am
How would National Carry Reciprocity affect this issue?
I think it would eventually cause the may issue states to give up after they see those hicks from the sticks are not shooting up their blue state paradises.
I think SCOTUS will take a wait and see attitude for now.
September 30th, 2017 at 4:51 pm
Reciprocity would give all of us from civilized states the right to carry in DC, but that won’t help the residents of DC at all.
What’s really needed is nationwide Constitutional Carry, and I hope we’ll get there at some point soon. Reciprocity is a fine incremental step, but only that.
September 30th, 2017 at 7:28 pm
I do not expect DC to appeal to SCOTUS but I do hope they do. I want MD, NY, NJ, CA Hawaii to have to issue permits.
October 1st, 2017 at 5:09 pm
As awesome as this would be, I ain’t holding my breath.
Side note: Unc, y’all gotta fire that band nerd. Look, I hate UT; I had to watch five-head manning beat us at home twice as an undergrad, and that wasn’t fun, but the game isn’t the same when y’all aren’t competitive. Ole Miss and LSU? I hope they wander in the wilderness for another 20 years, and I’d nuke Auburn from orbit, but y’all are more fun when you’re good.
October 1st, 2017 at 5:51 pm
Poobie, Don’t get me started on Sgt. Carter.
October 1st, 2017 at 8:22 pm
Paul: “Reciprocity would give all of us from civilized states the right to carry in DC, but that won’t help the residents of DC”
It might if the other States were dragged kicking and screaming.
And considering the kind of people who choose to live in DC, cry me a river if they don’t get helped by activists in Flyover Country.
October 2nd, 2017 at 9:38 am
This is better news than you think. DC is effectively shall-issue unless SCOTUS takes the case, assuming DC appeals. But I think DC will appeal. SCOTUS has backed away from carry cases multiple times for a reason, and DC knows it. They might as well roll those dice one more time. I’m not all that assured of the outcome.
Also remember that for the left half the fun is the outrage. You cannot have the outrage unless you appeal and lose.
October 2nd, 2017 at 10:26 am
DC will likely do the foolish thing and appeal to Scotus. However, I am sure the AGs of NY, CA and other states are calling the DC AG to urge him to suck up the loss and not appeal.
October 2nd, 2017 at 11:43 am
SAF can’t ask the SCOTUS to hear the case as they were the winners in the Court of Appeals. Moreover, they have to object to granting it certiorari if DC appeals. They would be violating their duty to their client Brian Wrenn to do otherwise.
However, as Alan Gottlieb said to us in an interview this weekend, they would not be upset if DC did appeal and the SCOTUS granted cert because it would moot Peruta and the other anti-carry decisions from other Courts of Appeal.
The last time DC appealed in a gun rights case in which they lost in the DC Court of Appeals was Heller.
Here is how it comes down:
DC doesn’t appeal = win
DC appeals and doesn’t get cert = win
DC appeals and gets cert = roll of the dice
October 2nd, 2017 at 12:21 pm
Locally, DC’s AG is telling everyone that the police can still deny through next week because the court has yet to issue their mandate. That’s some sour grapes, right there.
While technically he is correct, the fact he’s talking it up in the media suggests he’s under a lot of pressure to “do/say something”. He’s grasping at straws right now.
We’ll be applying if they don’t appeal.