EagleFiveZero wrote:The NRA backed Seegars vs AshcroftSome time ago, I read with keen interest the Hoopla made by the NRA-sponsored lawsuit attempting to restore the rights of DC citizens to own firearms. It seemed like a great idea at the time.
....But now I am not sure what the heck the status is of that case. Anyone know???
The NRA filed Seegars vs Ashcroft in an attempt to short circuit Parker vs DC which was filed by the CATO institute.
The federal D.C. District Court upheld D.C.'s handgun ban in a decision issued on January 14, 2004. U.S. District Judge Reggie B. Walton dismissed the lawsuit and ruled that, "The Second Amendment does not confer an individual a right to possess firearms. Rather, the Amendment's objective is to ensure the vitality of state militias."
The NRA appealed the judge's ruling on July 28, 2004. The U.S. Court of Appeals heard oral argument on November 17, 2004, and on January 10, 2005, dismissed the appeal by a 2-1 vote. The court found that the plaintiffs did not have standing to challenge the statute as none of the plaintiffs faced imminent criminal prosecution (which the plaintiffs in the Parker vs DC did).
The NRA asked for a rehearing by the full panel of the U.S. Court of Appeals, which was rejected on June 21, 2005.
The Cato backed Parker vs DC
Parker vs DC had been ordered suspended pending the outcome of Seegars vs Ashcroft.
In June, 2005, when the appellate court declined to re-hear the Seegars matter, they ordered the parties in Parker to again brief the question of how the case should proceed.
In November, 2005, the appellate court denied the defendants' motions to dismiss our appeal or summarily affirm the judgment, and granted our motions to set the case for argument on the merits. It will be argued before the D.C. Circuit Court of Appeals sometime in 2006.
For up-to-the-minute details of this case, the lawfirm of Gura & Possessky maintain a complete record of their work on this important case.