Washington Post: Gun Owners' Next Victory in D.C.

[press1280]

Back ON again...




I know we're likely looking at a loss here, but at least get Mr Palmer's case out of District!

He was appointed by Bush 41 and also was appointed by Chief Renquist to the US Foreign Intelligence Survellance Court. We may get a win here, with Wollard helping so Palmer doesn't have to be the first to buck the trend.

 

[2ndsupporter]

New updates on a too old case. Motion argument set for 10/01/12 @ 1030 am.

 

[press1280]

New updates on a too old case. Motion argument set for 10/01/12 @ 1030 am.

What exactly is the motion here, other than to FINALLY decide this case and get it to the DC Circuit?

 

[krucam]

What exactly is the motion here, other than to FINALLY decide this case and get it to the DC Circuit?

Docket entry for the hearing is a page back, post 120...
http://www.mdshooters.com/showpost.php?p=1827241&postcount=120

It addresses #5 MSJ, and #34 Motion to strike Supplemental Memorandum. Both are motions by the Plaintiffs.

Docket, for reference: http://ia700408.us.archive.org/2/items/gov.uscourts.dcd.137887/gov.uscourts.dcd.137887.docket.html

 

[2ndsupporter]

Docket entry for the hearing is a page back, post 120...
http://www.mdshooters.com/showpost.php?p=1827241&postcount=120

It addresses #5 MSJ, and #34 Motion to strike Supplemental Memorandum. Both are motions by the Plaintiffs.

Docket, for reference: http://ia700408.us.archive.org/2/items/gov.uscourts.dcd.137887/gov.uscourts.dcd.137887.docket.html

Sorry missed that one. I thought still had been adjourned indefinitely. Thanks for all the hard work on these forums.

 

[krucam]

Sorry missed that one. I thought still had been adjourned indefinitely. Thanks for all the hard work on these forums.

Not a problem, it becomes a handful at times and the help of everyone is always appreciated...

 

[press1280]

Docket entry for the hearing is a page back, post 120...
http://www.mdshooters.com/showpost.php?p=1827241&postcount=120

It addresses #5 MSJ, and #34 Motion to strike Supplemental Memorandum. Both are motions by the Plaintiffs.

Docket, for reference: http://ia700408.us.archive.org/2/items/gov.uscourts.dcd.137887/gov.uscourts.dcd.137887.docket.html

All right-so this will be oral arguments since #5 is the MSJ? IIRC, the DC district court doesn't have audio, so will anyone be there taking notes?

 

[Patrick]

Looks like an argument over the District dumping 150 pages of unallowed material on the court, without permission. The District apparently thinks it can, and Gura says they cannot.

No matter the outcome, the District is getting what they want: lots of things to argue about that have nothing to do with the Second Amendment, all to eat up time.

 

[krucam]

10/01/2012 Minute Entry; Proceedings held before Judge Frederick J. Scullin, Jr: Motion Hearing held on 10/1/2012. Taken Under Advisement: 5[RECAP] MOTION for Summary Judgment filed by SECOND AMENDMENT FOUNDATION, INC., GEORGE LYON, AMY MCVEY, TOM G. PALMER, EDWARD RAYMOND, 6[RECAP] Cross-MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment filed by DISTRICT OF COLUMBIA, CATHY LANIER, 34[RECAP] MOTION to Strike 33[RECAP] Supplemental Memorandum, filed by SECOND AMENDMENT FOUNDATION, INC., GEORGE LYON, AMY MCVEY, TOM G. PALMER, EDWARD RAYMOND, (Court Reporter Patricia Kaneshiro-Miller.) (hs) (Entered: 10/01/2012)

 

[Patrick]

Supplemental memorandum is for SAF to demonstrate they have organizational standing. It's a big deal, because without it the court can deny the plaintiff by finding singular issues with his claim, and ignore the entire 2A argument. AKA: Dearth v Holder

Sounds like that is where they want to go. It's like the court saying to Gura, "prove to us we cannot ignore this case."

 

[Kharn]

So how does that work? Show there are X SAF members in DC interested in carrying?

 

[krucam]

Here's the Supplemental Brief by SAF regarding their standing in Palmer...basically stating the Court should avoid it altogether.

A little peek into the Dearth appeal is in here as well...

http://ia600408.us.archive.org/2/items/gov.uscourts.dcd.137887/gov.uscourts.dcd.137887.38.0.pdf

 

[Patrick]

Thanks. Read it. There is more here than I thought. Maybe the court was looking to dismiss the complaint because they would claim SAF had no standing?

Wish I had been able to attend. It was right up the road, so to speak.

 

[jrosenberger]

Here's the Supplemental Brief by SAF regarding their standing in Palmer...basically stating the Court should avoid it altogether.

A little peek into the Dearth appeal is in here as well...

http://ia600408.us.archive.org/2/items/gov.uscourts.dcd.137887/gov.uscourts.dcd.137887.38.0.pdf

Wow, Gura put that together the same day? Impressive work.

 

[krucam]

The Defendants (DC) refuted SAF's 10/1 Supplemental Brief on Wednesday 10/3, saying that SAF lacks ORGANIZATIONAL Standing. They agree with SAF's assertion that if ONE Plaintiff has representative Standing, the Court does not need to determine if other Plaintiffs have it. However, they say SAF lacks it on the basis that SAF seeks RELIEF different from the other Plaintiffs, which includes the Sect 1988 relief SAF brings.
http://www.archive.org/download/gov.uscourts.dcd.137887/gov.uscourts.dcd.137887.39.0.pdf


Today (10/4), JUST IN CASE there is any misunderstanding of ORGANIZATIONAL vs REPRESENTATIONAL Standing for SAF, Alan Gura responded with:
http://www.archive.org/download/gov.uscourts.dcd.137887/gov.uscourts.dcd.137887.40.0.pdf

Short, Sweet...Seriously Judge, let's put this one to bed.

 

[teratos]

I have a man-crush on Gura.

 

[krucam]

I have a man-crush on Gura.

8x10's on the Wall, a Wallet Sized under the pillow?

 

[teratos]

8x10's on the Wall, a Wallet Sized under the pillow?

You too, huh?

 

[BlueHeeler]

I have a man-crush on Gura.

That man has done so much to restore my rights, I could not be more grateful. I have a photo of him above my bed with hearts drawn around his face.

I am in the man-crush club.

 

[safewaysecurty]

I thought Oral Arguments were supposed to be October 1st..