SAF files suit in Massachusetts (Legal Resident Gun Ban)

krucam · Apr 15, 2011

Very similar to the case recently won by the ACLU in South Dakota...

http://saf.org/viewpr-new.asp?id=354

:thumbsup:

jaypark · Apr 15, 2011

easy win i project

MDFF2008 · Apr 15, 2011

Maybe, MA has fairly restrictive gun laws that have stood up to the test of time. MA unlike some of the other states has a 2A provision in their state Constitution.

yellowfin · Apr 15, 2011

They've only stood up pre-McDonald and Heller, and for that reason only. It's basically like NJ's situation of the state courts defend state law because the state law says so and federal courts haven't said no yet.

krucam · Apr 15, 2011

yellowfin said:
They've only stood up pre-McDonald and Heller, and for that reason only. It's basically like NJ's situation of the state courts defend state law because the state law says so and federal courts haven't said no yet.

There is somewhere between a ton and a buttload (metric) of cases that are in the low-hanging fruit category that will be ripe for the picking...very soon...

yellowfin · Apr 15, 2011

Some of them MA and NY and NYC have in common, interestingly enough.

jrosenberger · Apr 15, 2011

gprimr1 said:
Maybe, MA has fairly restrictive gun laws that have stood up to the test of time. MA unlike some of the other states has a 2A provision in their state Constitution.

That 2A provision is worthless as far as state courts in MA are concerned since Commonwealth v. Davis, 369 Mass. 886 (1976).

MDFF2008 · Apr 15, 2011

jrosenberger said:
That 2A provision is worthless as far as state courts in MA are concerned since Commonwealth v. Davis, 369 Mass. 886 (1976).

That will answer an interesting question about how state and federal will interact when both contain a 2A provision.

krucam · Apr 16, 2011

The link to the Complaint is Here

Fletcher et al v. Hayes et al is the case. Another great plaintiff, Fletcher is a Doctor from the UK, already had the 'permit' to purchase in CA. Pryal is also from the UK, works at a firearms mfg in MA, former rifleman in the British Army.

jpk1md · Apr 16, 2011

Knowing the past history of the Fed Circuit Court in Boston I don't think this is a slam dunk in any way.

Fed Courts in New England have a long and storied history of hostility towards 2A.

This is the same court that deemed that loaded mags = loaded gun even if separated in accordance with law.

Folks need to realize that this court represents Boston not Maine, Vermont, NH etc who have classically liberal (ie Jeffersonian) approaches to most things 2A.

The situation in many regards is similar to the situation that exists out west with the 9th (Commiefornia) and Arizona.

teratos · Apr 16, 2011

Given that McDonald declared the 2A a fundamental right, any adverse decision would be overturned in SCOTUS.

jpk1md · Apr 16, 2011

teratos said:
Given that McDonald declared the 2A a fundamental right, any adverse decision would be overturned in SCOTUS.

What makes you think thats a gimme?

McDonald was a 5-4 Decision same as Heller....once again we're 1 political appointee away from the entire house of cards crashing down.

McDonald remanded the case back to the Circuit Court instead of really answering the complaint

McDonald reaffirmed that 2A is not absolute and is subject to restrictions (ie Shall not be infringed does not = Shall not be infringed.).

Since then SCOTUS has replaced 2 liberal justices with 2 UBER Liberal Justices that have a long storied history of big gov decisions, judicial activism and I would argue subversive behavior towards the Constitution.

As always Kennedy is the swing vote here and justices like Kagan are VERY persuasive.

krucam · Aug 3, 2011

More proof that Al or I need an assistant... :lol2:

Docket

Last post here was 4/16. There's been a few things happening since then, obviously (unless we're talking Palmer, but that's another story)...

Defendants Massachusetts Atty General filed a MTD irt Complaint 5/19/2011.

Defendant Northboro PD filed a MTD irt Complaint on 5/24/2011.

Plaintiffs SAF & Commonwealth 2A Opposed the MTD's on 6/10/2011.

SAF & Commonwealth 2A filed a MSJ on 7/7/2011, requesting Oral Argument.

Defendant Haas Opposed...everything on 7/20/2011.

Al Norris · Aug 3, 2011

Another Glitch in RECAP.

The Docket is not showing documents #27 - #30. All downloaded on 07-23.

JOBU · Aug 3, 2011

jpk1md said:
Fed Courts in New England have a long and storied history of obeying directives from the leadership of the Democratic Party.

Fixed it for you.

Patrick · Aug 4, 2011

SAF is digging for a circuit split here. The state knows it and is trying to delay as long as it can. The only hope of the anti-2A crowd right now is holding out until one of the so-called "Heller-5" leaves the court and is replaced by an Obama appointee.

Hopalong · Aug 4, 2011

krucam said:
a buttload (metric)

The correct term is "metric shitton". :lol2:

Back on topic, I'm surprised that New England hasn't seen more 2A action since Heller and McDonald. I know that their circuit tends to lean heavily anti-2A due to Boston's influence, but with so many pro-2A states in the area I would have figured it would be a prime spot to pick a fight. Regardless, I'm glad to see some action there now.

krucam · Aug 18, 2011

Muchos thanks to "Knuckle Dragger" from Calguns for the Heads up...

Hearing was held yesterday in Fletcher. This now goes onto the wait/watch list of cases awaiting Opinion/Ruling.

08/17/2011 ELECTRONIC Clerk's Notes for proceedings held before Judge Douglas P. Woodlock: Motion Hearing held on 8/17/2011 re 23[RECAP] MOTION for Summary Judgment filed by Second Amendment Foundation, Inc., Commonwealth Second Amendment, Inc., Eoin M. Pryal, Christopher M. Fletcher, 14[RECAP] MOTION to Dismiss Complaint filed by Robert C. Haas, 16[RECAP] MOTION to Dismiss filed by Mark K. Leahy, 12[RECAP] MOTION to Dismiss filed by Jason A. Guida. Oral arguments heard; Court takes said motions UNDER ADVISEMENT. (Court Reporter: Brenda Hancock at 617-439-3214)(Attorneys present: Hickson, III for the pltffs; Doyle, Goldberg, and Salinger for the defts) (Lovett, Jarrett) (Entered: 08/17/2011)

yellowfin · Aug 19, 2011

krucam said:
This now goes onto the wait/watch list of cases awaiting Opinion/Ruling.

Which is IRRITATING AS HELL. :mad54:

jrosenberger · Mar 30, 2012

It look a while for the opinion to be written, but that's because it has some excellent analysis of the citizenship issue, and the judge actually read Heller. SAF and Comm2A were denied organizational standing, but everything else is a big win for the good guys. Fletcher and Pryal were granted summary judgement and an injunction against the state denying their licenses for citizenship reasons. Opinion here: http://ia600607.us.archive.org/23/items/gov.uscourts.mad.135876/gov.uscourts.mad.135876.31.0.pdf

Some choice quotes: "The defendants’ reading of Heller requires a considerable
analytical strain. "

"In short, defendants have not sustained
their burden of showing that the statute passes muster under any
potentially applicable standard."

SAF files suit in Massachusetts (Legal Resident Gun Ban)

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