(30 September, 07) There has been some significant action in the Parker/Heller DC gun ban case this month. DC filed their appeal to the Supreme Court and the Parker attorneys filed a their own brief encouraging SCOTUS to review the case. A few days later they filed a cross appeal asking the Supremes to reverse the Circuit Court's decision to exclude 5 of the original 6 plaintiffs. A reversal on this would open up much broader areas of consideration encompassing the whole of DC's draconian gun laws. That is particularly important since it was discovered that the original Circuit ruling striking down part of the DC laws was even narrower than anyone thought. The Parker attorneys wanted the court to force DC to start living by the part of the ruling dealing with long guns even while the appeals process is ongoing. The cout denied the request and declared that their ruling had no impact on long gun restrictions because the only plaintiff they accepted, Heller, only talked about handguns in his complaint. This revelation causes me some concern that without the reinstatement of the other plaintiffs, the Parker/Heller decision might be too narrow in scope to justify Supreme Court review.
A decision on whether to hear the case should come out of the Supreme Court any day.
I'll have the opportunity to discuss the case with the lead attorneys in the case, Gura and Levy, next weekend at the Gun Rights Policy Conference in Cincinnati and will keep you posted.