SEEGARS v. GONZALES

Nos. 04-5016, 04-5081.

396 F.3d 1248 (2005)

Sandra SEEGARS, et al., Appellants/Cross-Appellees v. Alberto GONZALES, Attorney General of the United States and Anthony A. Williams, Mayor, District of Columbia, Appellees/Cross-Appellants

United States Court of Appeals, District of Columbia Circuit.

Decided February 8, 2005.


Attorney(s) appearing for the Case

Stephen P. Halbrook argued the cause for appellants/cross-appellees. With him on the briefs was Richard E. Gardiner.

R. Ted Cruz, Solicitor General, Attorney General's Office of State of Texas, argued the cause for amici curiae State of Texas, et al. in support of appellant. With him on the brief were Greg Abbott, Attorney General, Troy King, Attorney General, Attorney General's Office of State of Alabama, Charles J. Crist, Jr., Attorney General, Attorney General's Office of State of Florida, Thurbert E. Baker, Attorney General, Attorney General's Office of State of Georgia, Lawrence G. Wasden, Attorney General, Attorney General's Office of State of Idaho, Phill Kline, Attorney General, Attorney General's Office of State of Kansas, Charles C. Foti, Jr., Attorney General, Attorney General's Office of State of Louisiana, Michael A. Cox, Attorney General, Attorney General's Office of State of Michigan, Jim Hood, Attorney General, Attorney General's Office of State of Mississippi, Mike McGrath, Attorney General, Attorney General's Office of State of Montana, Jon Bruning, Attorney General, Attorney General's Office of State of Nebraska, Jim Petro, Attorney General, Attorney General's Office of State of Ohio, Lawrence E. Long, Attorney General, Attorney General's Office of State of South Dakota, Mark L. Shurtleff, Attorney General, Attorney General's Office of State of Utah, Jerry W. Kilgore, Attorney General, Attorney General's Office of Commonwealth of Virginia, and Patrick J. Crank, Attorney General, Attorney General's Office of State of Wyoming.

Daniel Meron, Deputy Assistant Attorney General, U.S. Department of Justice, argued the cause for appellees/cross-appellants. With him on the brief were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, and Mark B. Stern and Lewis Yelin, Attorneys.

Lutz Alexander Prager, Attorney, Office of Attorney General for the District of Columbia, argued the cause for appellee The District of Columbia. With him on the brief were Robert J. Spagnoletti, Attorney General, and Edward E. Schwab, Deputy Attorney General.

Andrew L. Frey, David M. Gossett, Mathew S. Nosanchuk, and Eric J. Mogilnicki were on the brief for amici curiae The Brady Center to Prevent Gun Violence, et al. in support of appellee.

Before: SENTELLE and TATEL, Circuit Judges, and WILLIAMS, Senior Circuit Judge.


STEPHEN F. WILLIAMS, Senior Circuit Judge.

Plaintiffs raise Second Amendment and local law claims against provisions of the District of Columbia's criminal code that bar them from registering and lawfully possessing pistols within the District of Columbia, or maintaining firearms in their homes free of mandates that they be unloaded and disassembled, or secured by a trigger lock. The district court held that the plaintiffs lacked standing to challenge the provisions...

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