Bob Levy of the Cato Institute writes:
Parker v. DC (I am co-counsel): Parker was stayed by the DC Circuit pending resolution of Seegars. Accordingly, on 2/16/05, eight days after the DC Circuit’s Seegars opinion, we filed a motion to set a Parker briefing schedule and hold oral argument on the merits . . . .
We assert that Parker is factually distinguishable from Seegars. (1) Parker plaintiffs were personally and unambiguously threatened w/prosecution by DC officials during oral argument and in the press. (2) DC’s failure to raise standing in Parker reaffirms the city’s intent to prosecute. (3) Trial judge Sullivan, after ordering supplemental briefing on standing, did not mention that issue in his opinion on the merits.
Recall that in the Seegars case the U.S. Court of Appeals for the D.C. Circuit rejected the challenge to the D.C. gun ban (which bans possession of handguns and bans home possession of rifles and shotguns unless they’re locked and unloaded) because the challengers didn’t have “standing” — they hadn’t yet been prosecuted, or personally threatened with prosecution. If Bob is right, then the Parker case wouldn’t have such a problem, and the D.C. Circuit would indeed have to reach the Second Amendment question. I guess we’ll see soon enough what the D.C. Circuit will do . . . .
UPDATE: Here’s the challengers’ motion, describing their argument.
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