Hanson V DC, The DC Magazine Capacity Case

The #1 community for Gun Owners of the Northeast

Member Benefits:

  • No ad networks!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • JohnnyE

    Ultimate Member
    MDS Supporter
    Jan 18, 2013
    9,640
    MoCo
    It is "dangerous AND unusual", not "dangerous OR unusual". Thus the "common use test".

    All weapons are dangerous, or they wouldn't be weapons. AR-15's are NOT unusual.
    I quibble with characterizing weapons as dangerous. Absent a legal definition of "dangerous" to the contrary, I characterize things as dangerous as those things that are unpredictable in their operation. My AR's are dead-on reliable, because they are absolutely predictable in their operation. OTOH, a lion is dangerous because one day you put your head in its mouth and you're fine, the next day, not so much. Same action, random outcome.

    Something that works fine one moment and wrong the next is dangerous, it is unpredictable outcomes that are dangerous because despite providing the same inputs you don't know what outcome you shall receive.
     

    Ismee

    Active Member
    Jan 6, 2018
    151
    Wednesday, May 17, 2023
    31 appeal Transmission of Notice of Appeal and Docket Sheet to USCA Wed 05/17 10:04 AM
    Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid re30 Notice of Appeal to DC Circuit Court. (ztth)
    appeal USCA Case Number Wed 05/17 3:32 PM
    USCA Case Number 23-7061 for30 Notice of Appeal to DC Circuit Court, filed by TYLER YZAGUIRRE, ERIC KLUN, NATHAN CHANEY, ANDREW HANSON
     

    Sunrise

    Ultimate Member
    Aug 18, 2020
    5,181
    Capital Region
    Wednesday, May 17, 2023
    31 appeal Transmission of Notice of Appeal and Docket Sheet to USCA Wed 05/17 10:04 AM
    Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid re30 Notice of Appeal to DC Circuit Court. (ztth)
    appeal USCA Case Number Wed 05/17 3:32 PM
    USCA Case Number 23-7061 for30 Notice of Appeal to DC Circuit Court, filed by TYLER YZAGUIRRE, ERIC KLUN, NATHAN CHANEY, ANDREW HANSON
    Glad to see this moving along...
     

    Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,427
    Montgomery County
    I characterize things as dangerous as those things that are unpredictable in their operation.
    I always think of "dangerous" in the context of simply being in possession requires unusual expertise or very special circumstances in order to avoid injury. Say, a briefcase full of nitroglycerin - just getting into a car accident while it's in the trunk of your car could cause an unseemly mass casualty event. Or a pile of some kind of refined nuclear material - something you can't just keep in a car in the garage. Likewise with highly dangerous bio materials. There's a reason we use very carefully built and run labs when we play with samples of plague or whatever-pox. None of this applies to the sorts of firearms one would expect a typical militia member to be expected to carry and sensibly use with basic familiarity. And the 2A protects our right to just that.
     

    JohnnyE

    Ultimate Member
    MDS Supporter
    Jan 18, 2013
    9,640
    MoCo
    I always think of "dangerous" in the context of simply being in possession requires unusual expertise or very special circumstances in order to avoid injury. Say, a briefcase full of nitroglycerin - just getting into a car accident while it's in the trunk of your car could cause an unseemly mass casualty event. Or a pile of some kind of refined nuclear material - something you can't just keep in a car in the garage. Likewise with highly dangerous bio materials. There's a reason we use very carefully built and run labs when we play with samples of plague or whatever-pox. None of this applies to the sorts of firearms one would expect a typical militia member to be expected to carry and sensibly use with basic familiarity. And the 2A protects our right to just that.
    This sound good to me. Frankly, the problems many people attribute to dangerous things are really attributable to dangerous people.
     

    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,303
    Dangerous is sweating dynamite or improperly functioning firearms. Properly functioning firearms are just as safe as any other properly working tool or mechanical device like drills, saws, lawnmowers, or automobiles.
     

    Ismee

    Active Member
    Jan 6, 2018
    151
    USCA Case Number 23-7061


    May 17 2023:
    CLERK'S ORDER [1999663] filed directing party to file initial submissions: APPELLANT docketing statement due 06/16/2023. APPELLANT certificate as to parties due 06/16/2023. APPELLANT statement of issues due 06/16/2023. APPELLANT underlying decision due 06/16/2023. APPELLANT deferred appendix statement due 06/16/2023. APPELLANT entry of appearance due 06/16/2023. APPELLANT transcript status report due 06/16/2023. APPELLANT procedural motions due 06/16/2023. APPELLANT dispositive motions due 07/03/2023; directing party to file initial submissions: APPELLEE certificate as to parties due 06/16/2023. APPELLEE entry of appearance due 06/16/2023. APPELLEE procedural motions due 06/16/2023. APPELLEE dispositive motions due 07/03/2023 [23-7061] [Entered: 05/17/2023 03:18 PM]
     

    Sunrise

    Ultimate Member
    Aug 18, 2020
    5,181
    Capital Region
    USCA Case Number 23-7061


    May 17 2023:
    CLERK'S ORDER [1999663] filed directing party to file initial submissions: APPELLANT docketing statement due 06/16/2023. APPELLANT certificate as to parties due 06/16/2023. APPELLANT statement of issues due 06/16/2023. APPELLANT underlying decision due 06/16/2023. APPELLANT deferred appendix statement due 06/16/2023. APPELLANT entry of appearance due 06/16/2023. APPELLANT transcript status report due 06/16/2023. APPELLANT procedural motions due 06/16/2023. APPELLANT dispositive motions due 07/03/2023; directing party to file initial submissions: APPELLEE certificate as to parties due 06/16/2023. APPELLEE entry of appearance due 06/16/2023. APPELLEE procedural motions due 06/16/2023. APPELLEE dispositive motions due 07/03/2023 [23-7061] [Entered: 05/17/2023 03:18 PM]
    Time keeps on slippin', slippin', slippin'
    Into the future
    Time keeps on slippin', slippin', slippin'
    Into the future

    - "Fly Like An Eagle"
    Steve Miller Band
     

    Sunrise

    Ultimate Member
    Aug 18, 2020
    5,181
    Capital Region
    USCA Case Number 23-7061


    May 17 2023:
    CLERK'S ORDER [1999663] filed directing party to file initial submissions: APPELLANT docketing statement due 06/16/2023. APPELLANT certificate as to parties due 06/16/2023. APPELLANT statement of issues due 06/16/2023. APPELLANT underlying decision due 06/16/2023. APPELLANT deferred appendix statement due 06/16/2023. APPELLANT entry of appearance due 06/16/2023. APPELLANT transcript status report due 06/16/2023. APPELLANT procedural motions due 06/16/2023. APPELLANT dispositive motions due 07/03/2023; directing party to file initial submissions: APPELLEE certificate as to parties due 06/16/2023. APPELLEE entry of appearance due 06/16/2023. APPELLEE procedural motions due 06/16/2023. APPELLEE dispositive motions due 07/03/2023 [23-7061] [Entered: 05/17/2023 03:18 PM]
    No new news on this I take it?
     

    Sunrise

    Ultimate Member
    Aug 18, 2020
    5,181
    Capital Region
    Update on this case:


    Sunday, July 23, 2023
    32 misc Transcript Sun 07/23 8:05 AM
    TRANSCRIPT OF MOTION HEARING before the Honorable Rudolph Contreras held on 04/13/2023. Page Numbers: 1-33. Date of Issuance: 07/23/2023. Stenographic Court Reporter: Nancy J. Meyer. Telephone Number: 202-354-3118. Email: nancymeyercourtreporter@gmail.com. Transcripts may be ordered by going to www.dcd.uscourts.gov (left-hand side under Transcript Requests). For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats (multi-page, condensed, CD, or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have 21 days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 8/13/2023. Redacted Transcript Deadline set for 8/23/2023. Release of Transcript Restriction set for 10/21/2023.(Meyer, Nancy J.)

    Plaintiff's Brief is due on 8/29/2023. DC's Response is due a month after that. Plaintiff can then file a Reply to DC's response.
     

    Ismee

    Active Member
    Jan 6, 2018
    151
    33 notice Notice of Withdrawal of Appearance Fri 07/28 5:00 PM
    NOTICE OF WITHDRAWAL OF APPEARANCE as to ROBERT J. CONTEE, III, DISTRICT OF COLUMBIA. Attorney Andrew J. Saindon terminated. (Saindon, Andrew)
    Looks like he's withdrawn from both cases.
     

    Sunrise

    Ultimate Member
    Aug 18, 2020
    5,181
    Capital Region
    33 notice Notice of Withdrawal of Appearance Fri 07/28 5:00 PM
    NOTICE OF WITHDRAWAL OF APPEARANCE as to ROBERT J. CONTEE, III, DISTRICT OF COLUMBIA. Attorney Andrew J. Saindon terminated. (Saindon, Andrew)
    Looks like he's withdrawn from both cases.
    Interesting... Thanks.
     

    Sunrise

    Ultimate Member
    Aug 18, 2020
    5,181
    Capital Region
    FYI, the plaintiff's initial appeal brief dropped a few days ago.



    Here's the appeals court docket:
    Thanks!

    This appeal brief is straight up fire. Very well done!
     

    Kanly

    Active Member
    Feb 15, 2012
    267
    Washington, DC
    "Final Briefs due 11/09/2023"

    So we'll have a decision by Christmas! (lol)

    Someone should let them know that
    Asham M. Benedict is not the chief (which they should know as this was filed 8/24 and Pamela Smith was appointed 7/19. Ugh
     
    Last edited:

    Users who are viewing this thread

    Latest posts

    Forum statistics

    Threads
    275,613
    Messages
    7,288,522
    Members
    33,489
    Latest member
    Nelsonbencasey

    Latest threads

    Top Bottom