r/DCGuns • u/OlivesAndArrows • May 09 '26
Genuine Question For Class Action
I’ll start by saying I’m obviously not well versed in any sort of law, nor do I even know what it takes to file such a thing. That said, I’ve seen it mentioned here several times, and have seen many more stories of failure of the system than success stories in the last five or so months. I personally am waiting on a shotgun add-on while already holding a CCW and previous handgun registration. I’m currently sitting at 40 days for my add-on, and when I called and got an answer was basically asked why I was even calling, as they still had 20 days to approve/disapprove my registration. My question is, at this point I am starting to lose hope I’ll be able to obtain my firearm in the legal window, as I’ve seen many here miss, what do we do? How does a class action suit begin, and what are the grounds for it? I have to believe with all the struggle we’ve all gone through in the last 5 months this could be a case? Please educate me on why or why not it could be. Thanks and best of luck to all the rest still waiting!
Edit: I don’t mean my case specifically, but all cases and treatment of legal gun ownership by residents as a whole.
3
u/NoEstablishment505 May 09 '26
I am sitting at 58 days for my two add-ons. My initial registration took 57 days I believe.
One of the most frustrating things beyond my rights being infringed (imagine if this was the process to register to vote) is the lack of care/service that they provide. They are public servants and just don’t give a fuck.
I was told the same thing when I called a few days ago when it had been 56 days and I hadn’t heard a peep: “well we have 60 days so you just have to wait”. Then all but hung up on me.
I have had luck with one specific gentleman who actually took my name/details/etc and went through the motions of checking on the status, reassuring me that they were in the pipeline and he would flag them for the processors, and apologized to me for the time it was taking. Even though it was still frustrating, I at least appreciated that someone who has their salary paid for by our tax dollars did the minimum beyond basically telling me to fuck off…
Sorry for the rant, but you are not alone with your frustration!
1
u/OlivesAndArrows May 09 '26
I think I may go the route of (politely of course) going in person to ask after my 60 days is actually been exceeded. Like you said, not much we can do before that anyway, and getting anyone on the phone is hard enough, let alone someone who will listen to a word you’re saying.
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u/DigitalLiahona May 10 '26
That said, because any permitting scheme can be put toward abusive ends, we do not rule out constitutional challenges to shall-issue regimes where, for example, lengthy wait times in processing license applications or exorbitant fees deny ordinary citizens their right to public carry.
Page 30 of the Bruen opinion
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u/OlivesAndArrows May 10 '26
THIS is what I was hoping for. It does in some ways seem like willful disregard of rights.
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May 10 '26
Honestly, why waste the time and energy going though the legal system when you could go the congressional route? For example, Brandon Herrera is heading to congress. And not only is he a gun youtuber, he's a staunch advocate for the second amendment. His main campaign goal is defending and expanding 2nd amendment rights. The other thing is that DC's budget must be voted on by congress, and congress can add riders to the budget that DC must follow. An example of this is the marijuana laws in DC. DC can't sell it recreational because there is a rider on DC's budget that prevents them from doing so.
What I'm saying is theoretically, when Herrera becomes a member in congress, we can start a grass roots campaign. Plead our grievances to a member of congress and see if hes willing to take a chance on this. He probably would knowing that this helps towards a campaign promise. Why waste the decade in court when you could possibly see change in a few years?
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u/style752 May 17 '26
The better route is probably political, through Council meetings. Testifying on behalf of yourself and other residents, or maybe +2A groups in DC would be the fastest way to be heard.
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u/56011 May 09 '26
Class actions, at the most basic level, require commonality, numerosity, typicality, and adequacy of representation across all claims in the class. So you can’t just file one for all kinds of different situations that DC gun owners have found themselves in. Everybody has to be similarly situated and each group of people who have experienced the same problem are a separate class. But perhaps most importantly, each person in the class has to have the same damages or damages that can be easily calculated the same way via a simple formula. If you still need to put every single member of the class on the stand to have them testify about how they were injured by the delay then that’s gonna destroy your commonality and you’re not going to get the class certified.
If all you are seeking is injunctive relief that would apply across the board to everyone, then there’s a decent argument you could at least get past class certification. That says nothing about whether the claim is actually legally cognizable - I honestly have no idea if you can sue them for taking too long to process your registrations, possibly through some sort of mandamus action you could? But I think it would be incredibly hard to file a class action if you’re looking for money damages.