- Mar 22, 2014
- Seattle WA
That won't work with "this" injunction.
When each of the four plaintiffs registered their guns they deliberately entered, in the reason for registration box, "to be carried outside the home for self defense when not in the home". As expected, they were promptly rejected based on that. Self defense is specified as a criteria in whatever law is crafted so a may issue law won't satisfy the injunction. The 90 day stay that Scullin reluctantly granted isn't a general stay. It's a stay to craft constitutional law. DC still only has 30 days to file an appeal. Both Gura and Scullin knew that if DC was granted a general stay(whether 90 days or 180 days), at the end of that stay, they'd simply present a restrictive/may issue law before the court and if it was rejected they'd simply file their appeal.
You're right, the reason DC wants as long a stay pending appeal as they can get is to stall the process as long as they can, hoping that a change occurs in the judicial system and or the SCOTUS. Both Gura and Scullin know this and it's why Scullin granted them a non-general 90 day stay.
Nice but fanciful thought. The only thing DC can lawfully do is enact a prohibition on any infringements to 2A rights which of course it won't do. Problem is no one (even supposed activists have enough of a backbone to exercise the rights they already have. Why don't I see pictures of daily demonstrations in DC, demanding Constitutional Carry? Why is it I see people tiptoeing around when there is ample precedent to simply exercise ones right? Clearly it would have to be done in a fairly large (but of necessity, peaceful) groups initially but with enough momentum it has to work same as the Bundy Ranch. Did it get heated? Did it get nerve wracking? You bet! But the point is no lives were lost and a citizens rights were successfully defended. This is the model needed across the country for every constitutional right that the government attempts to restrict. The key is to behave in a firm but honorable way as the militia we are for our country. I don't advocate breaking the law but rather upholding the law and rejecting what is not.