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"A DC Federal Court Just Ruled Carrying Guns In Public Is A "Core" 2nd A Right"

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Paladin4CA:

--- Quote ---A federal appeals court on Tuesday struck down Washington, DC's latest attempt to limit residents' right to carry guns in public.

The US Court of Appeals for the DC Circuit held in a 2–1 decision that public carrying of firearms is a "core" Second Amendment right, and that the District's regulations amounted to a "total ban" on exercising that right. The ruling breaks with several federal appeals courts that upheld similar regulations in other states.

"For that long struggle against gun violence, you might see in today’s decision a defeat; you might see the opposite. To say whether it is one or the other is beyond our ken here. We are bound to leave the District as much space to regulate as the Constitution allows — but no more," DC Circuit Judge Thomas Griffith wrote in the majority opinion.

The US Supreme Court ruled in 2008 that people have a Second Amendment right to keep guns at home, but the justices haven't decided whether the same is true for public carrying. The Supreme Court in June declined to hear a case, similar to that heard by the District, about public carrying regulations. Justices Clarence Thomas and Neil Gorsuch said they would have heard the case. The DC case could present another opportunity.


--- End quote ---
More at:
https://www.buzzfeed.com/amphtml/zoetillman/a-dc-federal-court-just-ruled-carrying-guns-in-public-is-a

Obleo:
I see a win.  Is everyone still awe struck by this decision?

NormH3:

--- Quote from: Obleo on July 30, 2017, 08:51:45 PM ---I see a win.  Is everyone still awe struck by this decision?

--- End quote ---

It's a win because it sets precedent. Other judges can use it when decisions are made or more importantly, attorneys can use it to either defend or bring a case to court.

Clarence:
I'm sure that the District will ask the full circuit court to rule ( en banc).  Probably we loose on that.  Then to try again for certori in the Supreme Court.  

If so, hopefully we get a hearing.  And if so, what position will the Trump Justice department take?

Paladin4CA:

--- Quote from: Clarence on July 31, 2017, 10:07:50 AM ---I'm sure that the District will ask the full circuit court to rule ( en banc).  Probably we loose on that.  Then to try again for certori in the Supreme Court. 

If so, hopefully we get a hearing.  And if so, what position will the Trump Justice department take?
--- End quote ---

I don't think they will appeal this loss for the reason you gave: they'd win en banc and then we'd have the right to seek cert by SCOTUS in 1 - 2 years. Many think Kennedy will retire next June. RBG might "go" at any time. Breyer is no spring chicken (late 70s). Once the DC asks for en banc appeal, the process is out of their hands and they may end up defending their May Issue law before a SCOTUS packed with pro-2nd A Trump appointees. If they lose there, the 8 remaining May Issue states (yellow in the map below) will either have to go Shall Issue or allow Open Carry (incl D.C. and NYC). Since OC is banned in CA, that means Shall Issue for all 33,000,000 of us, that's especially important for the ~19,000,000 who live in the major urban counties that rarely issue CCWs.

Instead, I think the antis will cut their loses, lick their wounds and hope a Dem wins in 2020 (or antis at least take back the Senate in 2018).

We should know whether DC chooses to ask for en banc appeal or SCOTUS for cert instead or decides to not to appeal by the end of August.

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