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August 20th, 2010, 05:32 PM
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#1 |
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Senior Member
Join Date: Dec 2008
Location: 3rd Rock from the Sun...DFW, TX
Posts: 5,262
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Post-McDonald Second Amendment Cases
The 'Mother of all Links' for the dozens of cases that are out there, active, and will be impacted by McDonald v. Chicago.
This will always be a work in progress. I will continue to update as I have time. I'd like this to be an Index or Table of Contents ONLY, or to use for your own digging. Please post comments regarding these individual cases in the appropriate forum(s) that I've linked when they exist. Keep Supreme Court Pretty much done: McDonald, Heller Bear 1) Palmer v. District of Columbia (DC CCW) SAF/Gura Shall not be Infringed 15) Bateman v. Perdue (NC Emergency Powers) SAF/GuraResidency Requirements Sensitive Areas
__________________ Mark C. Dallas/Ft Worth, TX Post McDonald Second Amendment Cases/Links HERE See the CATO's forum from 1/20/2011. http://wwww.c-spanvideo.org/program/297621-1 Last edited by krucam; June 14th, 2013 at 01:39 PM. Reason: Updated Woollard, NRA/BATFE, Lane, Enos, Lane, Woollard, Palmer, Jackson, Gowder, Birdt, Nordyke, Baker, Kachalsky, Kwong |
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August 20th, 2010, 05:36 PM
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#2 |
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MSI Executive Member
Join Date: Apr 2009
Location: Calvert County
Posts: 7,028
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Holy Shite.
You are the freakin' man! |
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August 20th, 2010, 06:09 PM
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#3 |
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In a State of Denial
Join Date: Apr 2009
Location: Bethesda
Posts: 10,237
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all i can say is wow!
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August 30th, 2010, 05:38 PM
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#4 |
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Besieger
Join Date: Oct 2008
Location: Undisclosed Secure Location
Posts: 4,423
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Sticky?
__________________  In Muscarello v. United States, 524 U. S. 125 (1998), in the course of analyzing the meaning of “carries a firearm” in a federal criminal statute, JUSTICE GINSBURG wrote that “[s]urely a most familiar meaning is, as the Constitution’s Second Amendment . . . indicate[s]: ‘wear, bear, or carry . . . upon the person or in the clothing or in a pocket, for the purpose . . . of being armed and ready for offensive or defensive action in a case of conflict with another person.’ ” DC v. Heller (2008.) |
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August 31st, 2010, 06:21 AM
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#5 | |
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MSI Executive Member
Join Date: Apr 2009
Location: Calvert County
Posts: 7,028
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Quote:
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September 10th, 2010, 09:51 AM
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#6 |
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Senior Member
Join Date: Sep 2009
Posts: 1,523
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Are there any cases attempting to strike down the Tax stamp requirements for NFA guns/silencers in light of the 2A getting the same protections as the 1A? As I understand it, the ink tax in MN case would be similar and that tax on ink and paper was ruled an unconstitutional infringement on free speech. So wouldn't the excise tax on guns, ammo and NFA items also be unconstitutional?
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September 10th, 2010, 10:07 AM
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#7 |
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MSI Executive Member
Join Date: Apr 2009
Location: Calvert County
Posts: 7,028
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No cases yet, but everyone agrees some are coming. The big steps right now are squaring away the right in the first place. We still don't have that one neatly wrapped. We got the tools, but work remains.
I don't think NFA is going down in the Courts. I outlined the reasons elsewhere, but even Scalia suggested the same by reference. We'll need to have Congress fix that one. Taxes on the core ingredients of the right (excise, etc.) are all up for grabs. So too "registration" and "permit" fees. The first to get challenged will be permitting and registration fees, requirements and timelines. Right now all the challenges are on the actual requirements themselves ("good and substantial", etc.) with a slight reference to expediency (timelines). Feet dragging will be challenged next (one year permit processing and onerous steps), followed by registration and permit fees. I don't see them surviving under the strictest of standards, where 2A is viewed like voting. But some arguments exist to keep them alive as long as they are low cost. There is a chance that an argument in favor of carry-permit fees could succeed even under a strict interpretation. I think it'll depend on the mood of the court. I suspect excise taxes will be challenged eventually, but not import taxes or import restrictions. Those are almost surely legit. |
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September 16th, 2010, 06:20 PM
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#8 | |
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Member
Join Date: Aug 2009
Location: Lynnwood, WA
Posts: 400
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Quote:
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September 16th, 2010, 06:35 PM
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#9 |
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Member
Join Date: Aug 2009
Location: Lynnwood, WA
Posts: 400
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Oh,
Mishaga v. Monken http://www.mountainstateslegal.org/l...egalcaseid=225 http://ia360701.us.archive.org/15/it...72.docket.html Baker v. Biaggi: http://www.mountainstateslegal.org/l...egalcaseid=224 Can't find RECAP docket for this. |
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September 16th, 2010, 06:38 PM
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#10 | |
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Senior Member
Join Date: Dec 2008
Location: 3rd Rock from the Sun...DFW, TX
Posts: 5,262
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Quote:
How are things going in Colorado?? EDIT: And this is exactly what I was hoping for in my OP, a great heads up on additional post-McDonald cases. There will be many and I hope to serve this "table of contents" well...Thanks again Gray... __________________ Mark C. Dallas/Ft Worth, TX Post McDonald Second Amendment Cases/Links HERE See the CATO's forum from 1/20/2011. http://wwww.c-spanvideo.org/program/297621-1 |
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September 16th, 2010, 07:04 PM
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#11 | |
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Member
Join Date: Aug 2009
Location: Lynnwood, WA
Posts: 400
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Quote:
Can you RECAP Document 17 of the Baker case please? Need to see what stipulation they are talking about. |
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September 16th, 2010, 07:16 PM
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#12 | |
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Senior Member
Join Date: Dec 2008
Location: 3rd Rock from the Sun...DFW, TX
Posts: 5,262
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Quote:
__________________ Mark C. Dallas/Ft Worth, TX Post McDonald Second Amendment Cases/Links HERE See the CATO's forum from 1/20/2011. http://wwww.c-spanvideo.org/program/297621-1 |
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September 16th, 2010, 10:13 PM
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#13 |
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Member
Join Date: Aug 2009
Location: Lynnwood, WA
Posts: 400
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Jackson v. City and County of San Francisco should be added. Northern District of California, federal
Pizzo v. Newsom, Gorski case, California Northern District, federal. |
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September 16th, 2010, 10:21 PM
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#14 |
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Member
Join Date: Aug 2009
Location: Lynnwood, WA
Posts: 400
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More cases:
OOIDA v. Lindley, State Ammunition v. Lindley. Not specifically 2A cases but gun related. Dearth v. Holder, US Court of Appeals for the DC Circuit, striking down residency restrictions for buying handguns under the Gun Control Act of 1968. |
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September 16th, 2010, 10:22 PM
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#15 | |
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MSI Board Member
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September 17th, 2010, 06:42 AM
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#16 | |
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MSI Executive Member
Join Date: Apr 2009
Location: Calvert County
Posts: 7,028
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Quote:
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September 17th, 2010, 11:31 AM
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#17 |
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Pro 2A Gastronome
Join Date: Jul 2010
Location: Lancaster, PA
Posts: 907
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922(o) might be best struck down by this: http://online.wsj.com/article_email/...TExNDUyWj.html
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September 18th, 2010, 04:43 PM
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#18 | ||
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Senior Member
Join Date: Dec 2008
Location: 3rd Rock from the Sun...DFW, TX
Posts: 5,262
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Quote:
Baker v. Biaggi (NV, Does Second Amendment protects the right of individuals to possess functional firearms within State Parks) Preliminary Injunction to Stay Proceedings (say uncle): http://www.scribd.com/full/37685168?...n6084uvurswxia Story at: http://onlygunsandmoney.blogspot.com/ Quote:
It sure would be nice if MD and SAF would come to such an agreement. I'll go back to the world of unicorns and gnomes now... __________________ Mark C. Dallas/Ft Worth, TX Post McDonald Second Amendment Cases/Links HERE See the CATO's forum from 1/20/2011. http://wwww.c-spanvideo.org/program/297621-1 |
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September 19th, 2010, 12:39 PM
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#19 | |
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Senior Member
Join Date: Apr 2008
Location: Richardson, Texas
Posts: 1,001
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It is heartwarming to see so many cases in the legal system to win back gun rights. Also, it keeps drawing me to the thought that our rights are far more reliably won in the courts than trying to elect a professional liar (politician) and hoping he goes against his nature and keeps his word.
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September 19th, 2010, 09:05 PM
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#20 |
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Member
Join Date: Aug 2009
Location: Lynnwood, WA
Posts: 400
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Another case, 11th Circuit Court of Appeals has GeorgiaCarry.org v. Toomer, a case similar to Peterson v. LaCabe. This lost in district court though on standing grounds (and this is why I applied for a license and was denied).
GeorgiaCarry.org v. Pinkie Toomer District Court Docket. GEORGIACARRY.ORG, INC., REGIS GOYKE, Plaintiffs - Appellants, versus PINKIE TOOMER, in her official capacity as Judge of the Probate Court of Fulton County, Georgia, and all others similarly situated, Defendant - Appellee. 04/29/2010 2 pg, 43.9 KB CIVIL APPEAL DOCKETED. Notice of appeal filed by Appellant GeorgiaCarry.Org, Inc. on 04/27/2010. Fee Status: Fee Not Paid. 05/04/2010 Email Delivery Failure. Message could not be delivered to Attorney John R. Monroe for Appellants GeorgiaCarry.Org, Inc. and Regis Goyke. 5.1.0 - Unknown address error 550-'john.mornoe1@earthlink.net...User unknown' 05/06/2010 APPEARANCE of Counsel filed by Attorney John R. Monroe for Appellant Regis Goyke in 10-11951. 05/06/2010 Appellant's Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney John R. Monroe for Appellants GeorgiaCarry.Org, Inc. and Regis Goyke. 05/06/2010 Civil Appeal Statement filed by Attorney John R. Monroe for Appellants GeorgiaCarry.Org, Inc. and Regis Goyke. 05/19/2010 1 pg, 33.76 KB This APPELLANT has been notified that upon expiration of fourteen (14) days from this date, this appeal will be dismissed by the clerk without further notice unless the required filing fee has been received in District Court. 06/03/2010 Appellant's Brief filed by Appellants GeorgiaCarry.Org, Inc. and Regis Goyke. Service date: 06/02/2010 by US mail - Attorney for Appellee: Ware. 06/03/2010 2 pg, 38.46 KB Record Excerpts filed by Attorney John R. Monroe for Appellants GeorgiaCarry.Org, Inc. and Regis Goyke. Deficiencies: doc#12-answer/response to complaint. Service date: 06/02/2010 US mail - Attorney for Appellee(s): Ware, Welch. 06/03/2010 34 pg, 151.67 KB E-Brief Tendered: Appellant brief for Appellant GeorgiaCarry.Org, Inc.. 06/14/2010 Appellate fee paid was paid on 04/28/2010 as to Appellant GeorgiaCarry.Org, Inc.. 06/17/2010 2 pg, 40.53 KB Briefing Notice issued to Appellee Pinkie Toomer. The brief is due July 6, 2010. 06/17/2010 Certificate of Readiness filed as to Appellant GeorgiaCarry.Org, Inc.. 06/21/2010 Modified record excerpts/modifications to record excerpts received on 06/17/2010 from Attorney John R. Monroe for Appellants GeorgiaCarry.Org, Inc. and Regis Goyke. All deficiencies have been corrected. 07/06/2010 Appellee's Brief filed by Appellee Pinkie Toomer. Service date: 07/06/2010 US mail - Attorney for Appellant: Monroe. 07/06/2010 Added Attorney(s) Matthew C. Welch for party(s) Appellee Pinkie Toomer, in case 10-11951. 07/06/2010 Added Attorney(s) William Shannon Sams for party(s) Appellee Pinkie Toomer, in case 10-11951. 07/06/2010 APPEARANCE of Counsel filed by Attorney William Shannon Sams for Appellee Pinkie Toomer in 10-11951, Attorney Matthew C. Welch for Appellee Pinkie Toomer in 10-11951. 07/13/2010 Record on Appeal filed. Record Part: Pleadings, No. of Volumes: 2; Record Part: Transcript, No. of Volumes: 1 07/21/2010 32 pg, 109.44 KB E-Brief Tendered: Appellee brief for Appellee Pinkie Toomer. 07/23/2010 11 pg, 104.15 KB E-Brief Tendered: Reply brief for Appellants GeorgiaCarry.Org, Inc. and Regis Goyke. 07/26/2010 Reply Brief filed by Appellants GeorgiaCarry.Org, Inc. and Regis Goyke. Service 07/22/2010 US mail - Attorney for Appellee: Ware. |
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