Posted by Eugene Volokh:
The Other Second Amendment Challenge to the D.C. Gun Ban:
Bob Levy of the Cato Institute writes:
Parker v. DC (I am co-counsel): Parker was stayed by the DC Circuit
pending resolution of Seegars. Accordingly, on 2/16/05, eight days
after the DC Circuit's Seegars opinion, we [1]filed a motion to set
a Parker briefing schedule and hold oral argument on the merits . .
. .
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 Parker reaffirms the
city's intent to prosecute. (3) Trial judge Sullivan, after
ordering supplemental briefing on standing, did not mention that
issue in his opinion on the merits.
Recall that [2]in the Seegars case the U.S. Court of Appeals for the
D.C. Circuit rejected the challenge to the D.C. gun ban (which bans
possession of handguns and bans home possession of rifles and shotguns
unless they're locked and unloaded) because the challengers didn't
have "standing" -- they hadn't yet been prosecuted, or personally
threatened with prosecution. If Bob is right, then the Parker case
wouldn't have such a problem, and the D.C. Circuit would indeed have
to reach the Second Amendment question. I guess we'll see soon enough
what the D.C. Circuit will do . . . .
References
1. http://www.alangura.com/parker/scheduling_motion.pdf
2. http://volokh.com/archives/archive_2005_02_06-2005_02_12.shtml#1107886414
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