Attorney Alan Gura May Have Fumbled Another Second Amendment Case

Back in February of this year I wrote the following regarding yet another lawsuit seeking concealed carry permits in which the Second Amendment Foundation is a plaintiff and attorney Alan Gura is its lawyer (Wrenn v. DC):

“The Second Amendment Foundation/Alan Gura filed a new lawsuit in an attempt to fix the mistakes made in the Palmer v. DC lawsuit. It is a new lawsuit with new and old mistakes. Here is a link to the Complaint. Here is the current internet archive of the docket. This is a concealed carry case. The SAF is not challenging the new DC ban on openly carrying firearms. Instead SAF seeks shall issue of concealed carry permits. This case has been assigned to the same judge in the Palmer v. DC district court case.

attorney alan gura
Attorney Alan Gura.

Given that SCOTUS doesn’t grant cert petitions unless there is a split between the circuits, if this case loses on appeal then it won’t create a circuit split and cert will once again be denied. Moreover, this is purely a concealed carry case which means that unless Gura wins either the appeal of his preliminary injunction or the appeal of final judgment then there is no circuit split and therefore no reason for SCOTUS to grant a cert petition.”

One of the many errors attorney Alan Gura made in this case which has now come back to bite him in the ass is his failure to make sure that the district court judge hearing his case actually had jurisdiction to hear the case.

This afternoon a three judge panel of the U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments in the appeal of a preliminary injunction issued by the district court judge. Very little was said about whether or not the Second Amendment applies outside the home. From what little time the court spent on the Constitutional question, the court of appeals was not very sympathetic to the lawyer for the District of Columbia’s argument that the bearing of arms can be banned everywhere

But before the court of appeals can make a decision on the merits of the case it must first decide whether or not the district court judge had the authority to issue the preliminary injunction in the first place. Although one should never predict the outcome of a case based on oral arguments, the appellate panel seemed to be unanimous in its opinion that the district court judge should not have been assigned to this particular case.

Attorney Alan Gura made a “Hail Mary” pass trying to save his case by essentially saying that he could have cured the defect in his case to which the court responded saying, in effect, that Mr. Gura “could have” fixed the defect in his case at any time since his case was first filed back in February but Mr. Gura failed to do so.

The silver lining is that the District of Columbia could have waited until this case was knocking on the door of the US Supreme Court a few years from now before making its jurisdictional challenge to the authority of the district court judge to hear the case.

There is likely to be a decision relatively shortly by the court of appeals vacating the preliminary injunction and kicking the case downstairs for reassignment to a new district court judge for a do-over (the case would start all over again, from the beginning).

This would give Mr. Gura the opportunity to fix the other defects in his lawsuit but as I noted back in February, Mr. Gura’s new-new concealed carry lawsuit will make the same mistakes as his old concealed carry lawsuit along with a host of new mistakes.

Mr. Gura should limit his lawsuits to challenging bans. Any half-competent lawyer can overturn a ban.

Hot this week

Did David Wineland and Serge Haroche Steal Idea For The Nobel Physics Prize?

Dr. Omerbashich says the Royal Swedish Academy is a Crime Scene and he has the proof that Nobel laureates stole his discovery.

New Approaches to Disaster Relief Challenges

Disaster relief has always been a challenge. NASA, Google,...

3 Legitimate Money Making Methods to Supplement Your Income

In a perfect world, when your landlord raises your...

2016 Predictions by World Renowned Medium and Psychic Lindy Baker

World renowned medium and psychic Lindy Baker is interviewed by The Hollywood Sentinel, discussing psychic power, the spirit world, life after death, areas of concern in 2016, and much more.

Digital Coupon Customers Spending More Than Double At Stores

A new study shows that customers who use digital coupons go shopping more for groceries and other household goods more often and spend more on their shopping trips.

California’s 2028 Watering Deadline Is Closer Than It Looks: Why Commercial Property Owners Need to Review Irrigation Lines, Backflow Protection and Plumbing Maintenance Now

California's 2028 watering deadline is approaching for commercial property owners whose landscapes contain decorative grass irrigated with drinking water. A strip of lawn around an office parking lot may seem like a minor maintenance issue,

A Peptide Can Have Different Names on the Purchase Order and Lab Report: The Documentation Gap That Can Mislead Research Teams Copy headline

A laboratory can order one peptide, receive a vial bearing a second name, and open a certificate of analysis that uses a third. None of those differences automatically means the material is wrong. A development code, a common research name

How Mourning Is Changing, One Keepsake at a Time

Grief has shed its uniform. The dark suits, the rented hall, the script read from a pulpit by someone who never met the person in the box — all of that still exists, but it no longer sets the terms. Families are writing their own ceremonies

The Holiday Host’s Wine Plan: Thanksgiving Through New Year’s Eve

How much to buy, what to pour with each holiday meal, and which serving tools earn their place on the table this season.

Flooring Contractor SEO Agencies With No Long-Term Contracts

Quick Summary: Footbridge Media is the best overall pick among flooring contractor SEO agencies with no long-term contracts, pairing a $249 all-in program with a 90-day money-back guarantee. Blue Corona suits companies that want deep call t

SEBI Just Opened Algo Trading to Retail Investors. Should You Let a Bot Trade for You?

Algorithmic trading no longer belongs only to institutional desks...

Related Articles

Popular Categories