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DC carry law ruled "probably unconstitutional PI issued

swinokur

Activist Member
Joined
Jun 2, 2009
Messages
918
Location
Montgomery County, MD
Effective today, MPDC is now accepting applications without "good reason". They are even waiving fees for people previously denied. I fully expect them to rescinded this when and if a stay is sought and granted. I am guessing this is window dressing to avoid a contempt citation.

But for now, no good reason required.
 
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color of law

Accomplished Advocate
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Oct 7, 2007
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5,378
Location
Cincinnati, Ohio, USA
They have 60 days to appeal. Granting the preliminary injunction and dismissing the permanent injunction without prejudice leaves me wondering. I don't think DC has a chance of winning and I think they know that. Was there a back room deal?
 

swinokur

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Montgomery County, MD
Several guys I know have gone down to MPDC HQ to reapply. No prints no fee but they were told DC will take the full 90 days to process. This gives them ample time to appeal to the Circuit, get a stay and hold or reject the applications again.

Meet the new boss same as the old boss.
 

cocked&locked

Member
Joined
Apr 14, 2011
Messages
165
Location
PA
DC requested stay from Judge Leon. on the 19th Not unexpected.
What Judge Leon should do now is give the anti's a taste of their own medicine by sitting on the motion for 2yrs while the preliminary injunction remains in effect. What's good for the goose............
 

swinokur

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Messages
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Location
Montgomery County, MD
my guess is he'll deny it, then DC will run to the Circuit, get a stay and start rejecting applications yet again.

If he sits on it, DC will seek a writ of Mandamus to force him.
 
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press1280

Regular Member
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Sep 10, 2008
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Eastern Panhandle,WV ,
What Judge Leon should do now is give the anti's a taste of their own medicine by sitting on the motion for 2yrs while the preliminary injunction remains in effect. What's good for the goose............
I was thinking this too, or maybe he should have DC provide "good cause" why they should get the stay.
 

cocked&locked

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Messages
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PA
my guess is he'll deny it, then DC will run to the Circuit, get a stay and start rejecting applications yet again.

If he sits on it, DC will seek a writ of Mandamus to force him.
You mean from the appellate court system that finds a way of sitting on cases for 7yrs when it finds it convenient?
 

swinokur

Activist Member
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Jun 2, 2009
Messages
918
Location
Montgomery County, MD
same bunch but I assume DC Govt. may get treated better than Palmer did. they'll undoubtedly get a stay from the Circuit IMO.

we shall see.
 
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swinokur

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Jun 2, 2009
Messages
918
Location
Montgomery County, MD
Following the 5/19 Motion for Stay (Defendants-DC), Plaintiffs filed their objection response on 5/23 (#50), the Defendants filed their Reply to that response today 5/24 (#51).
05/23/2016 50 Memorandum in opposition to re 48 MOTION to Stay re 46 Order on Motion for Miscellaneous Relief, Order on Motion for Preliminary Injunction, Order on Motion for Permanent Injunction,,,,,, 45 Memorandum & Opinion and Motion for Immediate Administrative Stay filed by MATTHEW GRACE, PINK PISTOLS. (Attachments: # 1 Text of Proposed Order)(Cooper, Charles) (Entered: 05/23/2016)

05/24/2016 51 REPLY to opposition to motion re 48 MOTION to Stay re 46 Order on Motion for Miscellaneous Relief, Order on Motion for Preliminary Injunction, Order on Motion for Permanent Injunction,,,,,, 45 Memorandum & Opinion and Motion for Immediate Administrative Stay filed by DISTRICT OF COLUMBIA, CATHY LANIER. (Saindon, Andrew) (Entered: 05/24/2016)
.
 
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swinokur

Activist Member
Joined
Jun 2, 2009
Messages
918
Location
Montgomery County, MD
As expected, DC has asked the DC Circuit to stay Judge Leon's order for the PI against the good reason rule. They didn't wait for Judge Leon to answer their request for a stay.

No big surprise.

file too large to upload.
 

BB62

Accomplished Advocate
Joined
Aug 17, 2006
Messages
4,024
Location
Cincinnati, Ohio, USA
As expected, DC has asked the DC Circuit to stay Judge Leon's order for the PI against the good reason rule. They didn't wait for Judge Leon to answer their request for a stay. ...
If you were a betting man, how would you bet that the Circuit court would rule?
 

swinokur

Activist Member
Joined
Jun 2, 2009
Messages
918
Location
Montgomery County, MD
If you were a betting man, how would you bet that the Circuit court would rule?
I have no idea. The Circuit partially rejected some of DC registration requirements in Heller III but I have no idea in this carry case. I'd bet 50-50 just to be safe. looking at the makeup of the court doesn't give much of a clue either.

ETA

Judges Rogers and Wilkins approved the stay, while Kavanaugh did not. Guess what the appointing political party of each judge is?

Yep: Democrat for Rogers and Wilkins, Republican for Kavanaugh.

No idea who will sit on the actual panel.
 
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hammer6

Regular Member
Joined
Oct 11, 2008
Messages
1,428
Location
Florida
Because of the stay, DC has reinstated the good requirement as expected.
isn't it funny that the citizens applying for these permits are law abiding, yet because they can't prove any tangible scenario for the need to carry a gun, they are being denied? i would think that of ALL places, the DC area, which is controlled by Congress, would have the strictest adherence to the 2nd amendment.
 

blahpony

Regular Member
Joined
Aug 8, 2013
Messages
167
Location
Leesburg VA
Congress has given home rule to the DC Council. Congress could step in at any time and revoke that authority, but that doesn't seem too likely.

The DC Council are the ones that are causing all the trouble.
 
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