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Second Amendment Foundation Filing for Writ of Mandamus

I’ve always thought Writ of Mandamus sounded vaguely like the title of a Wagnerian Opera, but it’s essentially an order from a superior court to an inferior court to do something. The case is Palmer v. DC, and it’s a carry case.

[A] case challenging the carry licensing in the District of Columbia. Though DC may license the manner of carry, DC must allow law abiding residents to carry a handgun in public for self defense.

According to the SAF press release:

“We realize this is a difficult step to take,” said SAF Executive Vice President Alan Gottlieb, “but this case has been languishing for 1,475 days, and counting since it was ready for decision. In our case in Moore v. Madigan, challenging the carry ban in Illinois, the trial court took 172 days to rule, and the Seventh Circuit Court of Appeals took 202 days to issue its ruling on the appeal. We have been waiting well over four years for a decision in the Palmer case, which was filed in August 2009, and waiting four more is not an option.”

This would work toward getting us back to a situation where there is a prohibition on carry before the Court, similar to the situation in the 7th circuit, which resulted in a victory. It’s possible that the court doesn’t want to deal with may-issue v. shall-issue, but would rather have a case that involves prohibition. There was an opportunity for that with Illinois’ total prohibition, but the win in Shepherd/Moore at the Circuit Court of Appeals, and Illinois subsequent capitulation, took that off the table for reaching the Supreme Court.

2 Responses to “Second Amendment Foundation Filing for Writ of Mandamus”

  1. Jim says:

    If they are waiting for a total prohibition case, then I don’t think we are going to like the outcome. That means that much like in Heller, they’ll say that you cannot prohibit “bear” portion of the 2nd amendment, but that a state may choose whether to have a may or shall issue legislative framework.

  2. Patrick says:

    It’s a pretty big step, but one that is due.

    Assume it will be denied, but maybe shake something from the tree. I think this case has been reassigned two times.

    The DC Circuit is considered the stepping stone to the high court. Regardless of where they fall on guns, I bet most judges there are not all that interested in ruling on a case that will cause them to have a Senator or two (regardless of side) block their next confirmation vote.

    You violated gun rights? BLOCKED!”

    — or —

    You let those inbreeds carry guns in DC? BLOCKED!”

    Maybe I am too cynical?

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