No. 21-1545

Allen Whitaker v. District of Columbia Concealed Pistol Licensing Review Board

Lower Court: District of Columbia
Docketed: 2022-06-09
Status: Denied
Type: Paid
Response Waived
Tags: 2nd-amendment administrative-law appellate-procedure civil-rights constitutional-vagueness due-process gun-rights license-revocation standing vagueness
Key Terms:
SecondAmendment DueProcess JusticiabilityDoctri
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Can the government render moot a fully briefed appeal challenging the denial of a license to carry a pistol by granting the license — though not confessing error — when the license must later be renewed under the same assertedly illegal standard?

Question Presented (OCR Extract)

QUESTIONS PRESENTED The District of Columbia revoked a license to carry a pistol that it had previously granted to petitioner Allen Whitaker on the grounds that he had allegedly exhibited “a propensity for violence or instability” based on a police encounter in which Mr. Whitaker did nothing wrong, was not arrested, and was never charged with any offense. When Mr. Whitaker appealed this administrative determination to the District of Columbia Court of Appeals, the District twice attempted to get the matter remanded; then, to avoid a decision on Mr. Whitaker’s claims, it reinstated his license and successfully moved to dismiss the appeal as moot. The questions presented are: 1. Can the government render moot a fully briefed appeal challenging the denial of a license to carry a pistol by granting the license — though not confessing error — when the license must later be renewed under the same assertedly illegal standard? 2. Isa regulation that disqualifies applicants for gun licenses who have exhibited an undefined “propensity for violence or instability” unconstitutionally vague? li STATEMENT OF

Docket Entries

2022-10-03
Petition DENIED.
2022-06-29
DISTRIBUTED for Conference of 9/28/2022.
2022-06-21
Waiver of right of respondent D.C. Concealed Pistol Licensing Review Board to respond filed.
2022-06-07
Petition for a writ of certiorari filed. (Response due July 11, 2022)

Attorneys

Allen Whitaker
Leslie Sue McAdoo GordonMcAdoo Gordon & Associates, P.C., Petitioner
Leslie Sue McAdoo GordonMcAdoo Gordon & Associates, P.C., Petitioner
D.C. Concealed Pistol Licensing Review Board
Caroline Sage Van ZileOffice of the Attorney General for D.C., Respondent
Caroline Sage Van ZileOffice of the Attorney General for D.C., Respondent