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Discussion in 'National Laws, Bills and Politics' started by Malum Prohibitum, May 8, 2007.
So, S. Ct. or no?
D.C. Court of Appeals No. 04-7041 dated May 8, 2007
The entire thing:
Dang, you beat me to it. Absolutely, S Ct. DC laid down the gauntlet with their 'life or death' language.
A footnote to the order states: "Circuit Judges Randolph, Rogers, Tatel, and Garland would grant the petition for rehearing en banc." The following is the list of judges who voted on the petition, with affirmtive votes marked by an asterisk: "Ginsburg (Chief Judge), Sentelle, Henderson, Randolph,* Rogers,* Tatel,* Garland,* Brown, Griffith, and Kavanaugh."
Henderson was the dissenting vote on the three judge panel opinion. Odd that she would want to dissent but would not want to rehear it? Griffith joined the majority opinion but did not vote to rehear it, but what about Silberman?
Maybe Henderson believes in stare decisis?
Silberman is a senior judge and not eligible to vote for en banc hearings. One conservative judge, Randolph, voted to rehear, presumably to deal with the standing conflicts with the previous DC cases and to take care of the split between DC courts on the issue. I think that why judges vote to rehear can have many factors not associated with their opinions on the merits. Either way, on to the S Ct.
http://www.prnewswire.com/cgi-bin/stori ... 696&EDATE=
http://corner.nationalreview.com/post/? ... JjYjcxODU=
http://www.dcist.com/archives/2007/05/0 ... _hea_1.php
What happens if the Supremes rule that the 2nd is an individual right? Do all gun control infringements (Brady, Yellow Forms, Carry laws) go away?
Only the ones similar to the DC laws at issue. It would have no effect in most states.
What it would do, however, is set the stage for new rounds of litigation. For example, can the state require a license to openly carry? Can the state make this or that place off limits to carry of weapons? Can the state regulate what type of weapons can be carried or kept in the home?
I can't wait.
Am I correct in thinking that GCO will agressively use a favorable Supreme Court judgement in Georgia?
I would bet my GFL on it.
I would think that it would come in handy when pursuing changes to GA carry laws. I'm not going to count my chickens before the eggs hatch though. A SCOTUS decision could be exactly what gun owners have always been wanting, or it could be a shot in the back, only time will tell. Has anyone heard rumors about whether they will hear it or when.
Wouldn't the next step, if SCOTUS said the 2nd was individual, be to get the 2nd incorporated to the states by the 14th?
Anyway, most cases will probably be decided the same way anyhow. Depending on the judge, there really is not much difference between the laws under a colletive state right to restrict firearms and an individual right with "reasonable restrictions".
Yes. Such a limited question cannot come out of Georgia, though, becuase we do not have similar restrictions to D.C., so it would have to be combined with another question about what the Second Amendment protects, for example, openly carrying a firearm or carrying a firearm too near a bus stop on a public sidewalk, if such a crazy law still exists in Georgia by the time this all comes about.
Here's hoping for positive changes.