Oral Arguments in Parker v. DC on Monday Nov 13

[hoffmang]

Parker v. DC is the Second Amendment case challenging the DC gun ban. Oral arguments in the appeal are Monday in Washington.

I'm going to see if we can get an after action report or even if there might be audio streaming. If my life was a bit more sane, I'd be there.

This has a high likelihood of being the first Supreme Court individual rights decision.

The argument begins at 9:30AM Eastern. All the filings are here:
http://www.gurapossessky.com/parker_pleadings.htm

Earlier discussion:
http://www.calguns.net/calgunforum/showthread.php?t=39436&highlight=parker

If you can't tell, I think this could be big over the next couple of years.

-Gene

[Ladybird]

Thanks for the info... hadn't heard about this one. Wow, this one could be a big one.
Thanks again for the links!

[hoffmang]

Just to be clear - this case is at the Court of Appeals level. The panel is pretty favorable. We could see the DC gun ban struck down, adding to the circuit split. Its likely to have an En-Banc appeal either way and then certatoria to SCOTUS. That could take anywhere from 6 months on the short side to 18 months on the more realistic side after this decision.

-Gene

[Cato]

At least in DC, you can easily live in to VA enjoy some gun owning freedom while at the same time keeping the same job. Here in California, you have to totally pull up stakes, and in my case (LA basin) say bye to family and friends, cross the desert, travel hundreds of miles to enjoy some 2A freedom.

I dont know if anyone really cares in DC. Last time I was there I saw residents who were (1) filthy rich or (2) impoverished Blacks. The rich are either liberals who dont care for guns anyway or conservatives who own ranches out west. The Blacks seemed to either be too poor to get into firearms or have such disfunctional lives that firearm ownership means buying a "Saturday Night Special" or a Glock Fotay out of the trunk of a Caprice for their next business endevor.

It's so ironic that in this nation's capital, the 2A is so severely restricted.

[hoffmang]

Ah... but you see... DC is a part of the Federal Government. If the 2A limits anyone it has to limit the Federal Government. That's why the DC gun ban is such a very interesting litigation target.

-Gene

[tiki]

Just to be clear - this case is at the Court of Appeals level. The panel is pretty favorable. We could see the DC gun ban struck down, adding to the circuit split. Its likely to have an En-Banc appeal either way and then certatoria to SCOTUS. That could take anywhere from 6 months on the short side to 18 months on the more realistic side after this decision.

-Gene

Since I really want to go to law school, but don't have the time, I was going to do some studying up on my own. I guess the first step for me would be to be able to understand some of the confusion legal wording. Can anyone suggest some beginning reading? Is there a good law school text book out there that introduces first year students to legal wording and how to interpret what is said in statutes and court docuemnts? Can someone give me some pointers in how to go about learning this stuff besides just spending years reading it? I'll be reading enough of this stuff when I get the APA booklet in the mail. :)
Thanks,
T.

[hoffmang]

Tiki:

I can at least translate my post.

Parker was "lost" in the district court where the judge said something along the lines of "If it wasn't for more senior rulings here, I'd agree with you but I can't so I won't."

That leads to this appeal. Appeals happen in front of three appellate judges who become appellate judges usually after being district court judges and federal appointment.

The three judges will decide if the district court was right and that the circuit precedent allows a pro 2A ruling or not. If they rule against Parker or if they rule for Parker and DC wants to appeal, they appeal to an en-banc panel - which is an appeal where all the judges in the appellate district hear the case and decide it on a majority. This is the level where that appellate court can over rule its own precedent. Depending on the outcome of that, the loser of a case can apply for a grant of certatoria (fancy for certification) of an appeal to the Supreme Court of The United States. Some certs get granted, most don't. Many of us have a feeling that the split between 9th (here) and 5th (Texas) plus this issue in DC will get the now more gun friendly SCOTUS to take the case either way and settle some important parts of the Second Amendment.

Here is a good summary of how the Federal Courts operate: http://www.uscourts.gov/journalistguide/appellate_process.html

-Gene

[Jack_Bauer]

Since I really want to go to law school, but don't have the time, I was going to do some studying up on my own. I guess the first step for me would be to be able to understand some of the confusion legal wording. Can anyone suggest some beginning reading? Is there a good law school text book out there that introduces first year students to legal wording and how to interpret what is said in statutes and court docuemnts? Can someone give me some pointers in how to go about learning this stuff besides just spending years reading it? I'll be reading enough of this stuff when I get the APA booklet in the mail. :)
Thanks,
T.

http://en.wikipedia.org/wiki/Black's_Law_Dictionary is a great place to look for definitions. I'd recommend getting a bar-preparation book (and i don't mean the alcoholic drink venue) and reading through it. They tell beginning law school students to take a bar-prep course to really get a feel for what they'll be learning. It's like the 'cliff's notes' to law school.