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Old April 15th, 2019, 07:32 AM #11
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Originally Posted by j_h_smith View Post
There are some opinions that I completely shake my head in wonderment and this is one of them. For the love of anything that resembles sanity, what was this judge thinking?
He seems to have been thinking: "If I need to decide, precedent says you can't license an enumerated right. But I can't decide that becauze....gunz...so I'll just find that every single one of this very disparate group of plaintiffs has no standing in spite of prior court precedent about denial of enumerated rights being damage in and of itself, and walk away from the flaming wreckage of this case before it stains my career".

We will never get a fair hearing in 4CA.
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Old April 15th, 2019, 07:40 AM #12
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Did the judge say why no one had standing?
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Old April 15th, 2019, 07:59 AM #13
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Originally Posted by KevinK View Post
Did the judge say why no one had standing?
This is way oversimplified, but:

1. Individual plaintiffs never applied for HQL;
2. MSI not harmed b/c membership increased;
3. Atlantic Guns is selling more handguns at one stores since passage of FSA.

As was mentioned upthread, the judge was looking to toss the case without reaching the merits. Swap MSI for ACLU and FSA with travel ban and something tells me this judge, who sent a letter to Barry O requesting appointment to this position, would have miraculously found standing.
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Old April 15th, 2019, 08:48 AM #14
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Originally Posted by CrabcakesAndFootball View Post
This is way oversimplified, but:

1. Individual plaintiffs never applied for HQL;
2. MSI not harmed b/c membership increased;
3. Atlantic Guns is selling more handguns at one stores since passage of FSA.

As was mentioned upthread, the judge was looking to toss the case without reaching the merits. Swap MSI for ACLU and FSA with travel ban and something tells me this judge, who sent a letter to Barry O requesting appointment to this position, would have miraculously found standing.
Thank you.

#1 is kind of circular: No standing as you didn't apply; I didn't apply because it's an infringement.

#2 and 3 are 'so what', but as you noted, the judge wanted to toss the case one way or another.
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Old April 15th, 2019, 12:08 PM #15
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When you write "carry", is that in reference to "CCW" or just the mere purchase of a handgun?
...
Sure enough, I am guilty of posting while distracted and confused lawsuits.
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Old April 15th, 2019, 12:17 PM #16
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Lawyers are why we have such stupid laws! Think about it.
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Old April 15th, 2019, 12:18 PM #17
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Quote:
Originally Posted by KevinK View Post
Thank you.

#1 is kind of circular: No standing as you didn't apply; I didn't apply because it's an infringement.

#2 and 3 are 'so what', but as you noted, the judge wanted to toss the case one way or another.
This judge is lazy and probably not truly qualified to rule on what to have for dinner. Where would standing come from? As an example, I want to,or tried purchase a handgun and didn't get the HQL. Which means a FFL will not sell me one. That person is affected. Judge=lazy POS.
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Old April 15th, 2019, 12:36 PM #18
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Originally Posted by Racer Doug14 View Post
This judge is lazy and probably not truly qualified to rule on what to have for dinner. Where would standing come from? As an example, I want to,or tried purchase a handgun and didn't get the HQL. Which means a FFL will not sell me one. That person is affected. Judge=lazy POS.
Exactly. I'm quite confident that very thing is alleged in the Complaint. Really shouldn't be more complicated than that.

I think leftists in general are terrified of making 2A rulings given the current composition of the Supreme Court.
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Old April 15th, 2019, 01:00 PM #19
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So, onward and upward. The real, long lasting, "good" will come from higher Courts anyway.





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Old April 15th, 2019, 01:27 PM #20
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Did you apply to pay your poll taxes?
I couldn't afford them.
Dismissed, lack of standing.
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