Update on Second Amendment Lawsuit

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Poster for a Gay Second Amendment Group

The District of Columbia has moved to dismiss the lawsuit against the District government in which I’m a plaintiff (sadly, just a plain tiff). The motion argues that our case is “indistinguishable from Seegars v. Ashcroft (D.C. Cir. Nos. 04-5016, -5081), in which the court held that identically-situated plaintiffs had no standing to bring a pre-enforcement facial challenge to District laws because none had demonstrated a threat of imminent prosecution.” Our lawyers are preparing a response. (Some other documents are available here.)



7 Responses to “Update on Second Amendment Lawsuit”

  1. Anthony Goodman

    I’m a die-hard supported of the RKBA, but I think the lawsuit route, though perhaps quite appropriate in Congress-controlled DC, is not necessarily the best. Gun rights groups are attempting to use state law to preempt a city-wide ban in San Francisco. This might work, but ultimately the answer to anti-gun socialism is education.

  2. Matt Tievsky

    Tom, in the unfortunate event that your case is dismissed, do Bob Levy and Gene Healy (it’s their case, right?) plan to try again with someone who’s actually violated the law?

  3. Ross Levatter

    I’m Glad I’m Not A Lawyer…

    I read the motion. It seems to suggest that an interracial couple would have no standing to object to miscegenation laws as long as they weren’t specifically being targeted for prosecution. How bizarre.

    RL

  4. Tom G. Palmer

    I had the same reaction as Ross, but that’s why we pay lawyers so much. God bless ’em.

    As to Mr. Tievsky’s question, I don’t know the answer. (Again, it’s a lawyer thing.) One reason to do it this was was to have a group of “sympathetic plaintiffs,” rather than some guy who knocked off a 7/11 and wants to appeal a conviction for illegal gun possession and try to use that for a sentence reduction. And I’ve no intention to get myself deliberately arrested on a nonviolent firearms charge; Lorton prison is not a hotel I’d ever want to check into.