Post-McDonald Second Amendment Cases

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  • yellowfin

    Pro 2A Gastronome
    Jul 30, 2010
    1,516
    Lancaster, PA
    I look forward to seeing this year as a judicial slaughter of the anti gun political complex. It is a forest of foul weeds which needs to be burned to the ground and its soil salted to never grow again.
     

    Al Norris

    Spud Head
    Dec 1, 2010
    746
    Rupert, Idaho
    In doing some clean-up of my files at TFL, I noticed that the docket for the GeorgiaCarry.Org, Inc., et al v. State of Georgia (GA Church Carry Case) was not working. So I logged into PACER to refresh the danged docket (it now works) and then logged into the 11th Circuit to see what had been happening there.

    What I found interesting was the latest filing by John Monroe, a supplemental authority (filed 07/12/2011). Not only did John list the Ezell case, but also the Puerto Rico case!

    This is something that none of the other supplemental authority filings have done.

    In Ex Parte Roque Cesar Nida Lanausse, the Puerto Rico Court of Appeals (their Supreme Court) ruled that the right to carry outside the home was a guaranteed part of the right.

    How much weight a US Circuit Court will give to a territorial high court, remains to be seen.

    http://mdshooters.com/attachment.php?attachmentid=41163&d=1310921129
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    Interesting tidbit. It will be interesting to see if this is ever brought up in any of the other cases.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    Oh yea, I forgot about the PR case. I think it should be cited, if for nothing more than to further add pressure on SCOTUS to take Masciandaro/Williams next term.
     

    krucam

    Ultimate Member
    Below are the cases that we're awaiting Opinions on. I'm posting them here vs on the OP so people can look to see if an Opinion has been released. My OP is missing a few.

    Of the 50 +/- cases, at least 9 are finished with scheduled Briefs and we are technically awaiting the Opinion/Ruling.

    Feel free to check for the release of Opinions (PACER not required for most) and announce any of these Opinions once released. It should be a very entertaining 12 months. Hang tight....

    Maryland Federal District Court Opinions
    http://www.mdd.uscourts.gov/publications/opinions/Opinions.asp
    Woollard v Sheridan
    http://www.mdshooters.com/showthread.php?t=40649

    DC District Opinions
    https://ecf.dcd.uscourts.gov/cgi-bin/Opinions.pl?2012
    Palmer v DC (Carry in DC)
    http://www.mdshooters.com/showthread.php?t=23889

    DC Ciricuit Court of Appeals Opinions
    http://www.cadc.uscourts.gov/internet/opinions.nsf
    Heller II
    http://www.mdshooters.com/showthread.php?t=34391

    Massachusetts District Court Opinions
    http://pacer.mad.uscourts.gov/recentopinions.html
    Hightower v Boston
    http://www.mdshooters.com/showthread.php?p=911165
    Fletcher v Haas
    http://www.mdshooters.com/showthread.php?p=1239418

    New York Southern District Opinions
    http://www.nysd.uscourts.gov/rulings
    Kachalsky v NY
    http://www.mdshooters.com/showthread.php?t=40003

    New Jersey District Opinions
    http://www.njd.uscourts.gov/ (Can't find a page to see rulings, need PACER?)
    Muller v Maenz
    http://www.mdshooters.com/showthread.php?t=46868

    Illinois Central District Opinions
    http://www.ilcd.uscourts.gov/ordersopinions.htm (Select Judge Myerscough, Sue E.)
    Moore v Madigan
    http://www.mdshooters.com/showthread.php?t=57800

    Illinois Southern District Opinions
    http://www.ilsd.uscourts.gov/Opinions.aspx (enter: sheppard)
    Sheppard v Madigan
    http://www.mdshooters.com/showthread.php?t=57917

    North Carolina Eastern District Opinions
    http://www.nced.uscourts.gov/ (Can't find a page to see rulings, need PACER?)
    Bateman v Perdue
    http://www.mdshooters.com/showthread.php?t=39298
     
    Last edited:

    krucam

    Ultimate Member
    Very busy week coming up in scheduled events. I say this after the week we just had with multiple unscheduled and unpleasant surprises.

    10/7: Richards v Prieto (CA LTC) Pltf Optional Reply Brief due
    10/10: Benson (Chicago "new" post-McDonald laws) Discovery for both Parties due
    10/11: Masciandaro (SCOTUS Nat'l Parks) Solicitor General (US) Response due
    10/12: Lowery (SCOTUS). Solictor General response WAS due, now 11/14
    10/13: Benson Status Hearing
    10/15: Ezell Plaintiff Amended Complaint due

    A lot of "stuff" is coming to boil...
     

    krucam

    Ultimate Member
    A very busy week coming up for briefs... :innocent0

    12/14/11
    - Second Amendment Arms et al v. City of Chicago (Chicago laws against establishment of Gun Stores within City limits). Plaintiff Response to MTD due.
    - Enos et al v. Holder et al (CA, Misdemeanor Domestic Violations prohibition). Plaintiff MSJ due.
    - Lowery v. US (At Supreme Court). Solicitor General Response due.
    - Schrader v. Holder (DC, misdemeanor prohibitions on firearms ownership). Plaintiff Motion due.

    12/16/11
    - Dearth v. Holder (US Citizen Residency Requirement). Plaintiffs reply brief in support of their motion for summary judgment and opposition brief to Defendants motion for summary judgment due.
     

    Al Norris

    Spud Head
    Dec 1, 2010
    746
    Rupert, Idaho
    As Krucam has reported elsewhere, Richards v. Prieto and Peruta v. San Diego, both cases at the 9th Circuit, have been stayed pending Nordyke.

    What Mark may not have known was that another case, Pena v. Cid, another CA case that intends to take down the CA Safe Handgun Roster, was also stayed pending Nordyke. That case was originally stayed back when Nordyke was at its 2nd go round with the 9th. The judge in Pena finally released the case on Dec. 16th... Only to place it back on hold when the State noticed the court that Nordyke went en banc. -sigh-

    Docket

    2011-12-20 38 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller on 12/20/2011: In accordance with defendant's notice filed on 12/16/2011 37 , the court hereby vacates its minute order lifting stay 36 . This case is stayed pending further order of the court. Parties shall submit a joint status report within ten (10) days of the Ninth Circuit's order in Nordyke v. King, No. 07-15763. (TEXT ONLY ENTRY) (Schultz, C) (Entered: 12/20/2011)

    This is not just a CA phenomena.

    Do you remember the Montana Shooting Sports Foundation and their case to uphold the Montana Firearms Freedom Act? That was shot down at the district court and they appealed to the - wait for it - 9th Circuit Court of Appeals.

    That case has also been stayed pending a decision in Nordyke. Link to Ammoland.
     

    Al Norris

    Spud Head
    Dec 1, 2010
    746
    Rupert, Idaho
    This morning, the SCOTUS issued its orders from their Jan 13 conference. From the Orders, cert denied in Lowery v. U.S.

    Thus, it is now clear that the Court is not going to take any 2A case that is also a criminal case.
     

    hvymax

    Banned
    BANNED!!!
    Apr 19, 2010
    14,011
    Dentsville District 28
    This morning, the SCOTUS issued its orders from their Jan 13 conference. From the Orders, cert denied in Lowery v. U.S.

    Thus, it is now clear that the Court is not going to take any 2A case that is also a criminal case.

    Face it. They will not take any case that will require any type of meaningful decision until the makeup of the court will allow them to recogognise no individual right and authorize wholesale confiscations.
     

    INMY01TA

    Ultimate Member
    Dec 29, 2008
    5,816
    So if Mcdonald was arrested for illegally posessing a handgun Illinois would still have no RKBA.
     

    Gray Peterson

    Active Member
    Aug 18, 2009
    422
    Lynnwood, WA
    Late yesterday, Alan Gura (the winning attorney in both Heller and McDonald) has sent an acknowledgement form to the 10th Circuit Clerk. He will be arguing on behalf of SAF, CGF, and other state organizations amici in Peterson v. Martinez.

    01/26/2012 [9937594] Notice of appearance submitted by Alan Gura for Amici Curiae Buckeye Firearms Foundation, Calguns Foundation, Inc., Citizens Rights Action League, Commonwealth Second Amendment, Connecticut Citizens Defense League, Gun Owners Civil Rights Alliance, Hawaii Defense Foundation, Illinois Carry, Illinois State Rifle Association, Maine Open Carry Association, Maryland Shall Issue, Oregon Firearms Educational Foundation, Scope Inc., Second Amendment Foundation, Inc., Stillwater Firearms Association, Virginia Citizens Defense League, Inc., West Virginia Citizens Defense League Inc. and Wisconsin Carry Inc. for court review. Certificate of Interested Parties: No. Served on 01/26/2012. Manner of Service: ECF/NDA.--[Edited 01/26/2012 by SDS to remove pdf from entry as the pleading has been filed] AG

    01/26/2012 [9937605] Notice of appearance filed by Mr. Alan Gura for Wisconsin Carry Inc., West Virginia Citizens Defense League Inc., Virginia Citizens Defense League, Inc., Stillwater Firearms Association, Second Amendment Foundation, Inc., Scope Inc., Oregon Firearms Educational Foundation, Maryland Shall Issue, Maine Open Carry Association, Illinois State Rifle Association, Illinois Carry, Hawaii Defense Foundation, Gun Owners Civil Rights Alliance, Connecticut Citizens Defense League, Commonwealth Second Amendment, Citizens Rights Action League, Calguns Foundation, Inc. and Buckeye Firearms Foundation. CERT. OF INTERESTED PARTIES: n. Served on 01/26/2012. Manner of Service: ECF/NDA.

    I'm looking forward to the "real argument" that will occur on March 19....
     

    krucam

    Ultimate Member
    Gray...Our fingers and toes will be crossed that day. Congrats to you and Mr Monroe for the fight, and to SAF and Mr Gura for the assist.

    Barring any major surprises, this will be the first of our post-McDonald Civil-suit Carry cases to be heard in a Circuit Court of Appeals. We're fortunate to have a great Plaintiff, superb counsel/amici and a relatively friendly Circuit for this one!
     

    Gray Peterson

    Active Member
    Aug 18, 2009
    422
    Lynnwood, WA
    Gray...Our fingers and toes will be crossed that day. Congrats to you and Mr Monroe for the fight, and to SAF and Mr Gura for the assist.

    Barring any major surprises, this will be the first of our post-McDonald Civil-suit Carry cases to be heard in a Circuit Court of Appeals. We're fortunate to have a great Plaintiff, superb counsel/amici and a relatively friendly Circuit for this one!

    Thanks. We do our best...
     

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