Cert Petition in Woollard vs. Gallagher

fightinbluhen51 · Jul 13, 2013

Huge thanks to Mr. Gura and Mr. Hansel for accommodating the request. I pulled a page out of Al Norris' playbook (thanks man) and emailed Gura's firm from their contact page and was pleasantly rewarded with this in my inbox this morning.

No matter what their outcome, they are rock stars who exhibit nothing but class.

Now without further ado.

MJD438 · Jul 13, 2013

Oh goody...something to read once the song service is done in class this morning!

Al Norris · Jul 13, 2013

Cary emailed me the same file, this morning. Glad we can work together.

For those that are not members of MDShooters, and are thus prohibited from "seeing" the petition, I would have to ask... Why aren't you a member?

Sure, I could give a link to the file at TFL, but that would just encourage the lurkers to remain lurkers. Sorry. Get involved in this fight for our rights!

Indiana Jones · Jul 13, 2013

Im a member and the photo wont work for me.

fightinbluhen51 · Jul 13, 2013

Al Norris said:
Cary emailed me the same file, this morning. Glad we can work together.

For those that are not members of MDShooters, and are thus prohibited from "seeing" the petition, I would have to ask... Why aren't you a member?

Sure, I could give a link to the file at TFL, but that would just encourage the lurkers to remain lurkers. Sorry. Get involved in this fight for our rights!

No worries...it's teamwork around here or nothing...

Also hosted here https://www.dropbox.com/s/w9m88s5g76efo17/woollard_petition.pdf

via another member (blogger) http://falnfenix.blogspot.com/2013/07/alan-gura-filed-cert-in-woollard-case.html

Inigoes · Jul 13, 2013

163 pages

rwbow1969 · Jul 13, 2013

Downloaded and saved for my reading pleasure.

Thanks guys.

Straightshooter · Jul 13, 2013

Inigoes said:
163 pages

First 40 pages are all that counts. The rest is supporting items and history.

MJD438 · Jul 13, 2013

I must say that I like reading the work of Mr. Gura and his team!

Woollard Cert Petition said:
Dismissing the district court’s evaluation of the
evidence, the court of appeals merely deferred to
police declarations asserting that carrying handguns
for self-defense – the exercise of the fundamental,
enumerated right to bear arms – is socially undesirable

...

Nonetheless, the lower court was unwilling to
consider whether the Second Amendment applies
outside the home. Recounting the now-familiar twostep
Second Amendment analysis, by which courts
first ask whether the right is implicated, and if so,
whether it was violated, the court noted that “we are
not obliged to impart a definitive ruling at the first
step. . . .” App. 22a. “[W]e merely assume that the
Heller right [sic] exists outside the home and that
such right of Appellee Woollard has been infringed,”
because under “intermediate scrutiny” the court
determined that the right was not violated. App. 24a.8

annihilation-time · Jul 13, 2013

Subscribed.

MJD438 · Jul 13, 2013

More goodness in the first argument for why SCOTUS should grant the petition:

Maryland’s “good and substantial reason” would
not have survived had the lower court truly acknowledged,
as does the Seventh Circuit, the right to bear
arms. This Court should grant certiorari to resolve
the lower courts’ significant and widespread confusion
on this critical point.

rwbow1969 · Jul 13, 2013

Still reading. Eyes have crossed. Hope they uncross. :banghead:

MJD438 · Jul 13, 2013

Another golden nugget, from the fourth argument:

And because carrying weapons in case of confrontation
is a “right,” the police’s opinions about the
desirability of doing so are unimportant. If our legal
system required that individuals prove a “good and
substantial reason” to attend church, or to have an
abortion, it could not seriously be claimed that the
law secures a “right” to free religious exercise or
terminate a pregnancy. “[A] constitutional prohibition
cannot be transgressed indirectly by the creation of
a statutory presumption any more than it can be
violated by direct enactment. The power to create
presumptions is not a means of escape from constitutional
restrictions.” Speiser v. Randall, 357 U.S. 513,
526 (1958) (citation omitted).

Klunatic · Jul 13, 2013

Inigoes said:
163 pages

Is there a cliff notes version

Les Gawlik · Jul 13, 2013

Here's a zinger;

"The aversion to enforcing the Second Amendment
among some of the lower courts is difficult to overstate.
The District of New Jersey, for example, simply
declared the entire Second Amendment field outside
the home a nuisance from which it would shield
government lawyers."

Brilliant, and absolutely correct.

Les Gawlik · Jul 13, 2013

Klunatic said:
Is there a cliff notes version

Yup. "Lower Court effed up. Fix it."

MJD438 · Jul 13, 2013

Klunatic said:
Is there a cliff notes version

The actual petition is only 40 pages of the document, and really amounts to about 15 pages of reading once you take into account all of the footnotes and white space required in legal documents.

smkranz · Jul 13, 2013

Beautifully written. Brought a tear to my eye.

Straightshooter · Jul 13, 2013

In a way, I hate to see this case come to an end because I love reading his masterpieces.

danb · Jul 13, 2013

thanks for posting. Mr. Gura and his team write well!

Cert Petition in Woollard vs. Gallagher

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