Heh: The D.C. Circuit Court granted D.C.’s unopposed motion to hold off on the requirements of the Parker case until August 7, the deadline for requesting a review by the U.S. Supreme Court. (This means the gun ban stays in effect at least until that outcome of that request is known.) In an extraordinary statement, […]

Circuit court of appeals: quit farting around.

Shorter version: they put their fingers in their ears and say lalalala I can’t hear you. Via David, who notes: Hmm. The Parker decision is “fantasy,” not to mention “inconsistency, flawed reasoning, distortion of binding precedent, and misunderstood historical materials”? Then DC should be rushing to file a petition for cert., rather than agonizing over […]

Volokh: Chances of the Supreme Court’s Hearing the Case: High, I’d say well over 50%. He has a lot more. Countertop: They could either appeal to the Supreme against odds that might eventually make their job much more difficult and result in a decision that would likely undermine much of what they worked for over […]

Rehearing denied. Could be going to the supreme court. Here’s the denial. Here’s more analysis.

In a surprise to no one, DC is appealing Parker: Attorneys for the D-C government are expected to file an appeal tomorrow against a federal appeals court ruling that overturned the district’s strict ban on guns. Mayor Adrian Fenty has said the city will appeal the decision. Attorneys plan to petition for the case to […]

David Hardy offers his take: Vote count: I’d be sure of Scalia and Thomas, fairly sure of Roberts and Alito. That leaves us with four probable votes and five unknowns. The litigator in me says those are pretty good odds… you have to lose all five unknowns to lose. Against that, you have to figure […]

Via Insty, Robert Levy thinks congress and the NRA might be mucking up the case: Parker is a much better vehicle to vindicate Second Amendment rights than an act of Congress. First, legislative repeal of the D.C. gun ban will not stop criminal defense attorneys and Public Defenders from citing the Second Amendment when they […]

Alan Gura has a podcast about the case here. Also, his comments from last week are here.

Here, I wrote of the bill to repeal the DC gun ban: I would not want this bill to interfere with Parker heading to the supreme court. Alan Gura of Gura & Possessky, PLLC (or at least someone claiming to be confirmed via email that it is him) comments there: We urge everyone to contact […]

I got nothing particularly insightful to say. But others do. Here goes: Joe Huffman: I’m really pleased Silberman mentioned nearly every thing I do in An Individual Right. Because of that there is virtually nothing for me to say beyond “two thumbs up” on the decision itself. What happens next is more interesting. How dare […]

Xrlq noted the comparisons here. Now, GLN wants some info. He notes: Parker v. District of Columbia challenged D.C. law based upon its effective prohibition of ownership. The short story is that you had to register your handguns sometime in 1976 or 1977. After that date you could not legally register any handgun, so no […]

Not here but here.

Clayton Cramer notes that Parker is about as good as it gets for a test case: 4. Unlike many of the right to keep and bear arms cases that have worked their way up through the courts over the years, where the defendant is a criminal of some sort, or at least an unsympathetic character, […]

Late in a tourney, five players. I’m the big stack. I’m in late position. I get: K♣Q♣ I raise it up to three times the big blind. Two callers. Flop: 2♣ 4♥ Q♦ A caller (the short stack – I have at least 20 times his stack) minimum raises. Though the small stack, he’s in […]

You know it’s big when Matt comes out of semi-retirement to opine: “Republican appointee” does not necessarily mean “pro-individual right.” It frequently means “statist.” Judge Henderson, the dissenter in Parker, is a Bush I appointee. I think any appointee is generally a statist. That’s how they get the job.

Will the Supreme Court take the case? One aye. one nay. My thoughts: coin flip, with a sleight favorite to yes. People keep pointing out that there is now a divide among the circuits. Well, there has been since Emerson, which concluded there was an individual right to arms. The Supreme Court didn’t take it […]

John Lott says of the recent Parker decision This is actually a very high risk gamble. It is, indeed. We could lose at the Supreme Court. Game over. We could win. Everyone rejoices. Further, even a win might not be a win. I simply cannot see the Supreme Court overturning 73 years of federal gun […]

In DC, circuit court has ruled that the second amendment means what it says. Individual rights. Woot! Volokh has some analysis. So does Kerr. Here’s the opinion. I’m still reading. Insty has more. Update: Heh: We note that the Ninth Circuit has recently dealt with a Second Amendment claim by first extensively analyzing that provision, […]

Triggerfinger has some more analysis of the case in DC that is challenging their gun ban.

TriggerFinger has more analysis on the Parker case.

Very annotated transcript by K-Romulus who made it to the appellate argument. Via David.

Joe says to be careful what we wish for: If they prevail and if the Supreme Court agrees, it’s all over. Who would have thought the Supreme Court would trash the 1st Amendment — _seriously_ trash it — by criminalizing “political” speech? But, they did. If they can trivialize the 1st, imagine how unimportant they […]

The WaPo: In a case that could shape firearms laws nationwide, attorneys for the District of Columbia argued Thursday that the 2nd Amendment right to bear arms applies only to militias, not individuals. The city defended as constitutional its long-standing ban on handguns, a law that some gun opponents have advocated elsewhere. Civil liberties groups […]

TriggerFinger has been doing a ton of work on it. TOC is here. Other info here. I’ve not read it yet. Can someone give me the cliff notes version?

Triggerfinger has it: THE SECOND AMENDMENT TO THE UNITED STATES CONSTITUTION PROTECTS AN INDIVIDUAL’S RIGHT TO KEEP AND BEAR ARMS, EVEN WHILE NOT ENGAGED IN STATE SERVICE. Justice Story argued that “[t]he right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic.” 3 […]

TriggerFinger has two items on the Parker v. DC case: Statement of Facts Appellant’s brief in Parker v DC

Triggerfinger has a ton of updates on the Parker case, a gun rights case in DC.

Triggerfinger has the latest on the DC gun rights case.

Volokh notes the other Second Amendment challenge to the DC gun ban and compares it to Seegars. Bob Levy writes: We assert that Parker is factually distinguishable from Seegars. (1) Parker plaintiffs were personally and unambiguously threatened w/prosecution by DC officials during oral argument and in the press. (2) DC’s failure to raise standing in […]