Thursday, May 28, 2015

D.C. Fails to Follow Court Order in 2A Case, Motion for Contempt filed

Alan Gura has filed a motion to hold the District of Columbia in contempt for failing to follow Judge Scullin's preliminary injunction in the Wrenn v. D.C.   second amendment case.

The  motion is very well written, the logic is clear.  Here is an portion:
7.  Mr. Powers’ experience is particularly troubling. He is a licensed D.C. firearms instructor, who was (finally) allowed to register his handgun.1 There is no question that Powers meets all background check and training requirements. There is no legal basis to deny him a permit.

8.  District law does not provide for this sort of 90 day delay. The District has 90 days to issue the permit, and may extend this time period for an additional 90 days “where there is good cause for additional time to complete the investigation and the applicant is so notified in writing.” 24 D.C.M.R. §§ 2339.1, 2340.1. “After completing the investigation of the application, the Chief shall either: (a) Deny the application pursuant to § 2340; or (b) Issue a preliminary approval of the application.” 24 D.C.M.R. § 2339.2 (emphasis added). Since “good reason” and “proper reason” no longer need be investigated, there is no need for the process to take even 90 days, let alone 180 or more days.

It is not common for courts to hold local governments in contempt.  I would not hold my breath expecting Judge Scullin to do so, as much as it may be deserved.  Gryphon at  makes this prediction:

IMO, if I had to place bets, one of two possible outcomes:

1) DC issues the permit and files an opposition stating the motion is moot, and that goes whether or not they have yet filed an appeal and a motion to the DC Circuit for a stay; or

2) DC files their appeal within the time they have to oppose Gura's motion in the District, accompanied by a motion to stay, which will probably be granted and thereby moot Gura's motion.

This is fun stuff, but likely calculated more to push DC along one way or another rather than with any expectation the motion will actually be granted. In other words, more likely intended to cut off the games by DC before they start playing them again.
 If you can, read the whole motion.  Gura and his team do a wonderful job.

©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

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