Gura just kicked the District when they were down...

[the_quark]

http://dcguncase.com/blog/2007/09/12...-firearms-ban/

Bottom line: Since DC failed to mention the requirement that firearms be non-functional in their request for cert, the DC Circuit should enforce that part of their decision, now, instead of waiting for the Supreme Court...

[the_quark]

Favorite quotes so far from the filing:

Thus, it appears the city has conceded the unconstitutionality of the functional firearms
ban. If so, there is no reason for the stay of the mandate to remain in effect with respect to that
provision.

The certiorari petition’s description of this Court’s holding is, at best, inaccurate.

[Librarian]

Oooh, nice!

I like the conclusion.

CONCLUSION
The question before this Court is whether any reason exists to continue depriving District residents of their constitutional rights under a law that the city refuses to defend any further. The city has abandoned its defense of the functional firearms ban. It has suggested that if the Court’s understanding of the provision is accurate, then the law is indeed unconstitutional.

And most critically, the city has represented to the Supreme Court that a legal environment exists in the District of Columbia in which rifles and shotguns are “allowed” – an environment in which the functional firearms ban no longer exists. If that representation is accurate, then the mandate to enjoin enforcement of the city’s ban on functional firearms, D.C. Code § 7-2502.07, should issue forthwith.

[Scarecrow Repair]

Is this the kind of filing that is likely to get a quick response, as in days, or will it drag on for months?

And if the stay is lifted and people buy buy buy, suppose SCOTUS eventually reverses Heller -- what would happen to all those people who bought during the interim? Would they be grandfathered in, or have to surrender their guns, or could they (worst case) be charged with a crime?

[Liberty1]

Nice! Sweet! Oh Baby!

[JawBone]

So this would only lift the DC ban against functional long arms -- essentially, because DC didn't appeal the long gun issue, SCOTUS has nothing to decide and that would end the issue. DC citizens would be free to buy long guns and keep them functional in their houses as they please. Nice end run.

This cuts both ways - it will be a nice quick win for DC residents on the long guns, but we won't get a National decision on the constitutionality of the "functional" long gun ban. Of course, if the handgun decision goes our way, it likely won't matter.

[EastBayRidge]

Nice... I kind of wondered about that when reading the cert petition - they seemed to gloss over the non-functional long arms portion of DC law.

GU-RA ! GU-RA ! GU-RA !

[HK fan]

Originally Posted by Scarecrow Repair

Is this the kind of filing that is likely to get a quick response, as in days, or will it drag on for months?

And if the stay is lifted and people buy buy buy, suppose SCOTUS eventually reverses Heller -- what would happen to all those people who bought during the interim? Would they be grandfathered in, or have to surrender their guns, or could they (worst case) be charged with a crime?

need I say it? Two weeks...

[tango-52]

Originally Posted by JawBone

So this would only lift the DC ban against functional long arms -- essentially, because DC didn't appeal the long gun issue, SCOTUS has nothing to decide and that would end the issue. DC citizens would be free to buy long guns and keep them functional in their houses as they please. Nice end run.

This cuts both ways - it will be a nice quick win for DC residents on the long guns, but we won't get a National decision on the constitutionality of the "functional" long gun ban. Of course, if the handgun decision goes our way, it likely won't matter.

Actually, in the footnote on the next-to-last page, Gura makes the comment that they can (i.e. will) bring the long gun issue up before SCOTUS. Apparently, since they will be agreeing with the Appeals Court on this issue, the Parker/Miller side can use it in their arguments to SCOTUS but the DC side can't because they didn't contest it. Sweet victory!

[Fjold]

Originally Posted by the_quark

http://dcguncase.com/blog/2007/09/12...-firearms-ban/

Bottom line: Since DC failed to mention the requirement that firearms be non-functional in their request for cert, the DC Circuit should enforce that part of their decision, now, instead of waiting for the Supreme Court...

The link is broken.