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Thread: DC files a Motion for Reconsideration in Palmer v. DC handgun carry case

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    Regular Member California Right To Carry's Avatar
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    Post DC files a Motion for Reconsideration in Palmer v. DC handgun carry case

    I was wondering if DC would actually file this motion or simply file a notice of appeal. Now we know. DC filed its motion today, beating the deadline. Curiously, DC has not also filed a motion asking the district court to extend the deadline for filing a notice of appeal.

    Here is a link to the motion filed today.

    Charles Nichols – President of California Right To Carry

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    A standard delaying tactic to get more time to file an appeal ... I do it everytime.

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    Activist Member swinokur's Avatar
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    It still doesn't change the date to file an appeal with the Circuit, which is Thursday.

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    Regular Member California Right To Carry's Avatar
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    Quote Originally Posted by swinokur View Post
    It still doesn't change the date to file an appeal with the Circuit, which is Thursday.
    FRAP 4(a)(4)(A)(iv) extends the time to file the appeal until the current Rule 59 motion is disposed of. The Defendants can still file notice of an appeal before then but the notice won't become effective until after an order disposing of the motion is entered.

    It was kind of silly for DC to file a motion for reconsideration. There is no time limit for the district court to rule on the motion for reconsideration. For all practical purposes, the District has now handed judge Scullin a bazooka. Judge Scullin can let the current 90 day stay expire and if DC hasn't written a new law by then, the injunction goes into effect absent a further stay. If DC writes a new law or amends the current law which is not to the liking of the plaintiffs then they can amend their Complaint to challenge the new/amended law.

    In short, if judge Scullin wants to keep this case in his courtroom for another five years, he can.

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    Regular Member 1245A Defender's Avatar
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    Wowwie!!!!

    Quote Originally Posted by California Right To Carry View Post
    I was wondering if DC would actually file this motion or simply file a notice of appeal. Now we know. DC filed its motion today, beating the deadline. Curiously, DC has not also filed a motion asking the district court to extend the deadline for filing a notice of appeal.

    Here is a link to the motion filed today.

    Charles Nichols – President of California Right To Carry
    I read the motion at the link...

    What a big slimy pile of Steaming, Stinky SHlT!!!!
    Every anti 2A LIE ever told is listed in that "Document" as proof the the court erred...
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

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    it is their right and duty to be at all times ARMED!

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    Activist Member swinokur's Avatar
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    So if Sculin disposes of this motion tomorrow what does that do to the appeal?
    Last edited by swinokur; 08-26-2014 at 09:56 AM.

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    What does this mean in layman speak? DC is asking Scullin to reconsider his ruling? Like asking for a retrial in a case with a jury? Or is DC asking for another judge to weigh in? I'm not sure how these processes work.

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    Quote Originally Posted by swinokur View Post
    It still doesn't change the date to file an appeal with the Circuit, which is Thursday.
    The date for an appeal starts ticking once a final judgment is made, which would be after the reconsideration as the court still has jurisdiction in the case until that time.

    One is not required to file a reconsideration but one can.

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    Activist Member swinokur's Avatar
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    So it's 30 days from the date of the judge's ruling on the reconsideration?

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    Quote Originally Posted by swinokur View Post
    So it's 30 days from the date of the judge's ruling on the reconsideration?
    Yuuuup. A final decision by the lower court. Mind you, they could have taken the outcome as final w/filing a motion to reconsider..up to an aggrieved party really..in most cases, like here.

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    Regular Member Uber_Olafsun's Avatar
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    That hurt my head to read. They were referring back to the 1300s with Great Britain law.

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    Quote Originally Posted by Uber_Olafsun View Post
    That hurt my head to read. They were referring back to the 1300s with Great Britain law.
    Wow ! That's a lot of knowledge stored away in your noodle.

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    Regular Member Baked on Grease's Avatar
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    Quote Originally Posted by Uber_Olafsun View Post
    That hurt my head to read. They were referring back to the 1300s with Great Britain law.
    Yup... citing all the reasons the english subjects went to war with the English Crown multiple times to ultimately end up with a U.S.A.?

    Will be drop dead hilariois if the judge makes this point in his decision...
    "A Right Un-exercised is a Right Lost"

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    Regular Member California Right To Carry's Avatar
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    Thumbs up The Federal Rules of Civil and Appellate Procedure

    Here is a link to the Federal Rules of Civil Procedure (FRCP) which are applicable to the district courts with the caveat that the various districts (e.g., Central District of California) can qualify these rules as well as ignore and add some of there own. FEDERAL RULES OF CIVIL PROCEDURE

    Here is a link to the Federal Rules of Appellate Procedure (FRAP) which are applicable to the circuit courts with the caveat that the various circuits (e.g., 9th Circuit Court of Appeals) can qualify these rules as well as ignore and add some of there own. FEDERAL RULES OF APPELLATE PROCEDURE

    The timing of appeals is governed by FRAP Rule 4. As I had previous posted, filing a FRCP Rule 59 motion resets the clock on when the appeal must be filed until the motion is disposed of. It also delays a notice of appeal from going into effect until the FRCP Rule 59 motion is disposed of.


    Charles Nichols – President of California Right To Carry
    http://CaliforniaRightToCarry.org

    P.S. District court judges can have their own set of rules specific to their courtroom.

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    Regular Member Thundar's Avatar
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    This is really great news!!!!

    Ah yes, the fools in DC are doing just what we want them to do. They are serving up on a silver platter the question of whether the right to bear arms is a core part of the 2nd Amendment. How could we be so lucky. DC will give us the opportunity to drive a stake through the heart of the 2A two step!!!

    We just have to pray that the 5 normal judges in SCOTUS remain healthy long enough to deliver the knock out ruling that confirms the right to bear arms. Seems strange that we need to do that, but look how stupid the 2nd 3rd 4th and 10th circuits have ruled.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

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    An interesting article in today's Washington Post.

    "Judge having spoken, D.C. officials consider allowing residents to carry guns."

    http://www.washingtonpost.com/local/...y.html?hpid=z3

    "To carry or not to carry? That is no longer the question.

    One month after a federal judge’s ruling, District officials have conceded that the city’s long-standing ban on carrying guns in public must be scrapped and replaced with a new law that will allow at least some law-abiding city residents to bear arms on city streets.

    With only a 90-day stay of the ruling in place, the effort to write a new law is on a fast track, but it remains fraught with political, legal and policy complications. Among the issues to be resolved: Will the city allow only the open carrying of arms, “concealed carry,” or both? Will “sensitive areas” near national landmarks or government buildings be deemed gun-free zones? And to what extent will non-resident gun owners be permitted to bring their weapons into the city?"

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    Uhm, about that...

    Quote Originally Posted by Thundar View Post
    We just have to pray that the 5 normal judges in SCOTUS remain healthy long enough to deliver the knock out ruling that confirms the right to bear arms. Seems strange that we need to do that, but look how stupid the 2nd 3rd 4th and 10th circuits have ruled.
    So when do get the SCOTUS judge pack that'll deliver the knock out ruling on "shall not be infringed?" Wake me up when we get close.
    Subsisto tutus. Subsisto secundus emendatio.

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    Activist Member swinokur's Avatar
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    Some of us won't be able to be awakened if they don't do this soon.


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    Question It's at week's end - do we "know" anything ?

    We were supposed to "know" something of importance by the end of this week regarding whether DC's gun laws would be enforced. Will Chief Lanier's memo to cease enforcement be re-instated?
    I'm ready for the Million Man March. And to sue the National Park Service if their count is not to my satisfaction.

  20. #20
    Activist Member swinokur's Avatar
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    No, since DC filed a motion for reconsideration by the Judge, he must rule on that before the 30 day appeal clock starts. He has no time limit on his ruling timeline for that as I understand it.

    so we wait

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    Quote Originally Posted by swinokur View Post
    No, since DC filed a motion for reconsideration by the Judge, he must rule on that before the 30 day appeal clock starts. He has no time limit on his ruling timeline for that as I understand it.

    so we wait
    But they still only have a 90 day stay in which to enact a new law. My interpretation is that clock did not reset and is still ticking based on the original date the stay was granted?!?

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    Activist Member swinokur's Avatar
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    yes the 90 day clock is running.

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    Activist Member swinokur's Avatar
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    From Maryland shooters forum member:

    Judge Scullin issued an order today regarding the expanded (180 day) Stay Request - NO, but maybe a little more than 90 could be considered. But you gotta show me you're making progress you're making towards the District decision

    Regarding the Motion for Reconsideration...let's talk about this on October 17th. Hoping he already knows his feelings on this, but is just being "polite".

    09/17/2014 66 ORDER: The Court hereby ORDERS that Defendants' # 52 MOTION to Stay is DENIED; however, the Court will entertain a motion to extend the stay beyond October 22, 2014. If Defendants wish to make such a motion, they must file papers in support of that motion on or before 10/3/0214, setting forth in detail what, if any, progress they have made to comply with the Court's decision. Plaintiffs may file any opposition that they have to Defendants' motion on or before 10/10/2014. If Defendants file such a motion, the Court will hear oral argument in support of, and in opposition to, said motion on 10/17/2014 at 10:30 AM. The Court further ORDERS that the Court will hear oral argument in support of, and in opposition to, Defendants' # 63 MOTION for Reconsideration on 10/17/2014 at 10:30 AM. Signed by Judge Frederick J. Scullin, Jr. on 9/17/2014. (Scullin, Frederick) (Entered: 09/17/2014)

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    Regular Member California Right To Carry's Avatar
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    More accurately, the motion for a stay by the district court judge pending an appeal was denied. We also have a better idea of what the new may-issue law for residents will look like via the D.C., press release available here. D.C., will require some heightened need for its residents to carry concealed (Open Carry will still be prohibited).

    At 1:06 in this NBC video D.C. Attorney General Irvin Nathan says that non-residents will be able to carry concealed if (1) the handgun is registered and (2) if they have the ability to carry in their home states.

    The new legislation is expected to be voted upon next Tuesday.


    “Having reviewed the parties’ submissions in support of and in opposition to Defendants’ motion for a stay pending an appeal, the Court hereby ORDERS that Defendants’ motion is DENIED; however, the Court will entertain a motion to extend the stay beyond October 22, 2014. If Defendants wish to make such a motion, they must file papers in support of that motion on or before October 3, 2014, setting forth in detail what, if any, progress they have made to comply with the Court’s decision. Plaintiffs may file any opposition that they have to Defendants’ motion on or before October 10, 2014. If Defendants file such a motion, the Court will hear oral argument in support of, and in opposition to, said motion on October 17, 2014, at 10:30 a.m.; and the Court further ORDERS that the Court will hear oral argument in support of, and in opposition to, Defendants’ motion for reconsideration on October 17, 2014, at 10:30 a.m.”

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    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by California Right To Carry View Post
    At 1:06 in this NBC video D.C. Attorney General Irvin Nathan says that non-residents will be able to carry concealed if (1) the handgun is registered and (2) if they have the ability to carry in their home states...
    So if you're from out of state, you'll have to register your gun, eh?

    I sincerely hope the judge smacks D.C. down hard. I can hope, can't I?

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