Maggie Smith vs Gov't of DC 2021

[command_liner]

Is there a thread about this very recent ruling?

Solid, if not perfect, MSJ victory in DC. Seems like the same logic applies to CA, but others should chime in.

https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2015cv0737-141

The PDF there is image only -- run the OCR for the text.

[curtisfong]

This is excellent, hope there is an OCR'd document available soon, there are some wonderful quotables in the ruling.

[Librarian]

Not CA, moved to National.

[Librarian]

Apparently https://unicourt.com/case/rc-db1-smi...olumbia-210483

Also seems to be this one - https://www.courtlistener.com/opinio...t-of-columbia/

WaPo article - https://www.washingtonpost.com/local...c59_story.html

A federal judge found the D.C. government liable Wednesday for wrongfully arresting between 2012 and 2014 six people who were accused of violating its ban on carrying handguns in public.

U.S. District Judge Royce C. Lamberth did not rule on a motion seeking class-action status, but the decision, if upheld, could clear the way for claims for damages by as many as 4,500 people similarly arrested under the law the courts overturned in 2014, according to court filings

[command_liner]

Not CA, moved to National.

Well I started in National, so I wonder how it got to CA.

If the court was inclined to do so, it certainly could have provided it as text, but for some reason they did not. So do not expect OCR to be applied. If I had to guess, the court is using some system with a proprietary font, so they decided not to put a font resource out there for people to steal? I have see dumber reasoning.

[Robotron2k84]

Case Details

Case Number:
1:15-CV-00737

Filing Date:
05/15/2015

Case Status:
Pending - Other Pending

Case Type:
Civil Right - Other Civil Right

Court:
U.S. District Courts

Courthouse:
District Of Columbia District

The bolded part is telling. OCR’d PDF attached below. Admins, please delete if not appropriate for redistribution. Don’t blame me if the program didn’t faithfully reproduce the text.

Raw text: https://pastebin.com/NYGdCPBi

.

[Paladin]

Were the six Open Carrying or Concealed Carrying? If the latter, is that federal judge saying we have a 2A RKB concealed Arms?

[pacrat]

Were the six Open Carrying or Concealed Carrying? If the latter, is that federal judge saying we have a 2A RKB concealed Arms?

I may be mistaken but I believe this is a "possession" case. Wherein possession of any firearm without prior DC permission slip is criminal. After reading the link ROBO provided.

Ex .... from line 19 of the link;



Cassagnol had his locked in a safe in his vehicle. Not what most would consider a "carry" issue.

[rplaw]

Cassagnol had his locked in a safe in his vehicle. Not what most would consider a "carry" issue.

Also, transporting a firearm per Fed Law isn't a crime.

[Robotron2k84]

Also, transporting a firearm per Fed Law isn't a crime.

It is in NYC. It’s not a federal crime, but a state and city violation.

You can not possess a firearm in NYC / handgun in NYS sans permit, just like in DC, prior to the repeal of their law. No permit can be obtained by non-residents.

Revell v. Port Authority (2006 2:06-cv-00402) held that FOPA did not cover possession of the firearms while at the airport or not in vehicular transit. Further, ANJRPC v. Port Authority (2013 3CA 12-3621) upheld and set precedent wrt Revell, specifically against out-of-state individuals that could not comply with the permitting requirements.

So, if you have a firearm in your car and make any stop, greater than gas/food/rest break, while traveling through or around NYC / NYS, you can claim FOPA’s protections as a defense, but current precedent says that may fail.

[AdamVIP]

Ive OCRed the file but not sure of a good way to upload it for everyone. Let me know where is good or send me a PM with your email and I can get it to you for upload.