Legal News

D.C. Appeals Court Stuck on Who Has Authority in Gun Case
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)

gun laws

Summary: A visiting judge that oversaw a similar case ruled on a recent Washington D.C. gun licensing case, but the opposing side believes the judge did not have the proper authority to rule.

Washington D.C. has been trying to enforce a provision on their District’s gun law, but a judge has stopped it, saying it impinges on resident’s Second Amendment rights. Now a federal appeals court dealing with the issue is debating who should preside over the case.


The provision required a person to provide a “good reason” to carry a firearm while in the nation’s capital. When visiting judge Frederick J. Scullin Jr. from New York made the ruling, he may have lacked the authority to do such.

In 2011, Scullin had been chosen to help with the federal courthouse’s backlog. His work included another case challenging the city’s ban on carrying firearms while in public. The attorney general’s office in D.C. says his authority ended with that case.

Second Amendment Foundation attorney Alan Gura, who brought the case against the District, contends that Scullin’s appointment for the federal courthouse was not “time-limited” and the city failed to raise the issue when the case started. Deputy Solicitor General Loren L. AliKhan has asked the case to be sent back to District Court and have a D.C. judge preside over it.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!

The appeals court noted that it is common for judges to take on cases that are related to ones they have already seen, so it was consistent for Scullin to have been given this case. Gura is trying to argue that Scullin had an “absolute obligation” to take a related case, but the appeals court was not so sure.

As of now, Washington D.C. can continue to enforce the law, allowing police to only license those that show a “good reason to fear injury” by “evidence of specific threats or previous attacks.”




Interesting Legal Sites You May Like




Search Now

Mid-level Litigation Associate Attorney


Baltimore office of our client seeks mid-level litigation associate attorney with 3+ years of experi...

Apply Now

Junior Employment Litigation Attorney

USA-CA-San Francisco

San Francisco office is seeking an attorney with 2-3 years of employment litigation, class action or...

Apply Now

Transactional Real Estate Attorney with 5+ years of experience

USA-NY-New York City

New York City office of boutique firm is seeking a transactional real estate attorney 5+ years of ex...

Apply Now

Business Transactions Attorney Partner


Portland office of our client seeks business transactions attorney partner with 4+ years of experien...

Apply Now


Litigation paralegal


We are looking to immediately hire a responsible, highly organized, self-motivated litigation parale...

Apply now



Associate Attorney – 7 to 10 Years’ Experience - Dallas/Fort Worth   ...

Apply now

Associate Attorney


Associate Attorney – 3 to 5 Years’ Experience - Dallas/Fort Worth   ...

Apply now

Litigation Attorney


Litigation Attorney   Dallas, TX One of Texas\' largest Personal Injury Law Firms se...

Apply now


To Top