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Tuesday, July 25, 2017

Major Butt-Kicking Victory in DC Circuit

Wrenn v. DC (D.C.Cir. 2017) strikes down DC's "good reason" concealed weapon permit law, and creating a pretty serious circuit split on applicability of the Second Amendment to concealed carry licensing.   Perhaps most gratifying, they seem to have abandoned standards of scrutiny and gone for the categorical protection articulated in Heller. I see a major victory coming on this from the Supreme Court.  Another resounding victory by Alan Gura.
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6 comments:

  1. James GibsonJuly 25, 2017 at 10:21 PM

    Would this future victory be in regard to the 4th circuit ruling in January that the 2nd amendment doesn't protect concealed carrying of weapons commonly used today?

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  2. Clayton CramerJuly 26, 2017 at 7:42 AM

    And Peruta in the 9th Circuit.

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  3. EskymanJuly 26, 2017 at 6:06 PM

    The 9th Circus will have to be dragged kicking and screaming into compliance, and even after the SCOTUS affirms this they'll do everything they can to delay & obfuscate.

    I love CA, but I'm so tired of the constant fight on the 2nd Amendment front.

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  4. ThatWouldBeTellingJuly 26, 2017 at 7:22 PM

    Haven't they had the same type of circuit split since the 7th enforced shall issue on Illinois, and one of the other circuits waved through an eastern seaboard may issue regime? All of which, including Peruta, were denied cert by the Supremes (looks like someone turned, and we're not betting it's Kennedy).

    And I'd be surprised if the Obama packed D.C. circuit doesn't reverse en banc, as happened with Peruta.

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  5. Clayton CramerJuly 27, 2017 at 9:03 AM

    Yes there was a circuit split earlier. It takes 5 votes to grant cert, and often our side will not vote for cert based on their perceptions of how the vote will go. I suspect Kennedy's rumored soon retirement will fix this problem.

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  6. Clayton CramerJuly 27, 2017 at 9:04 AM

    Eskyman: It will likely be like nationalizing the National Guard to desegregate a university to get compliance from California, if not outright Fort Sumter.

    ReplyDelete