Whalen v Handgun Permit Review Board Appeal Brief Filed

jcutonilli · Sep 23, 2019

Kaffakid said:
Many 2A attys agree that this indicates the placement of the 2A above the level(s) of scrutiny applied to the freedom to speak, associate, worship, travel, vote, etc. Ask around.

Can you provide a citation for this one? I'd be very interested (genuinely -- no sarcasm).

Many 2A attorneys believe strict scrutiny is the appropriate level. SCOTUS applies all three levels to the first amendment depending on the particulars. For example, political speech is usually strict scrutiny, content neutral speech gets intermediate, an some speech is not protected. Since you say that they are above these levels, what level is above strict scrutiny?

If you want a citation, just look at just about any 2A brief. For example the NYSPRA vs NYC cert petition used the term rational basis three times as examples of what the court did, but did not explain why it was rational basis rather than intermediate scrutiny.

https://www.supremecourt.gov/Docket...332608_NYSRPA cert petition 9-04-18 FINAL.pdf

The merit brief used it once as part of quote from Heller, yet mentions nothing as to why that is the case.

https://www.supremecourt.gov/Docket...SRPA v. NYC - Brief for Petitioners FINAL.pdf

Kaffakid · Sep 23, 2019

br3krj said:
Has a date been scheduled to hear this case? I went through the thread and did not see it.

***Now November 4th at 9a.

Adolph Oliver Bush · Sep 23, 2019

daggo66 said:
What really needs to be challenged is that an American citizen can commit a felony and face incarceration for merely stepping over a political boundary. A legally armed WV resident can cross the the center of the bridge in Harpers Ferry and become a felon. That is wrong.

Uh huhh. If I stand in the street in front of the White House with a gun in my pocket, no problem. If I stand in the street in front of my own house, I'm a criminal (jaywalking notwithstanding). WTF?

br3krj · Sep 23, 2019

Kaffakid said:
***Now November 4th at 9a.

Thanks.

Sent from my iPhone using Tapatalk

Not_an_outlaw · Sep 23, 2019

jcutonilli said:
The correct answer is that you do not need stats because the answers are legal answers which the court is well suited to answer. The lawyers give the case away because they agree that public safety is an important government interest even though they do not protect individual citizens. The stats that the government provides to demonstrate guns harm public safety are examples of harm to individual citizens and are not part of the government interest.

I don't believe anything with stats is where we should go. I don't really care if owning a firearm results in higher crime rates. It is a right. Secondly, statistics can me manipulated.

Kaffakid · Sep 23, 2019

Biggfoot44 said:
Durn tooting this case is similar to Woolard , what's different is Wren happened inbetween.

Exactly. Since Woollard and Wrenn (et al.), plenty of other may/shall issue cases (e.g. Gould, Rogers, Malpasso, Young, Pena, etc) have progressed at the federal level. Addressing the issue at the State level is still cool in my book. The will to fight.

jcutonilli · Sep 23, 2019

Not_an_outlaw said:
I don't believe anything with stats is where we should go. I don't really care if owning a firearm results in higher crime rates. It is a right. Secondly, statistics can me manipulated.

You don't need stats. I don't know how many times I need to say you don't need stats. You don't need stats.

If owning a firearm results in higher crime rates, then you are part of the problem. The only way owning firearms results in higher crime rates is if you are a criminal. Law abiding citizens do not result in higher crime rates by definition. They abide by the law and no crime is committed.

The government will bring stats to prove their case, but it really depends on how you address them. I you counter them, like most 2A cases, you are going to lose because the court will defer to the legislature. You need to explain why the government misused the data.

ps You don't need stats.

esqappellate · Nov 4, 2019

Well, oral argument was conducted today in the Maryland Court of Special Appeals. Should be interesting.

danb · Nov 4, 2019

Is there a transcript?

teratos · Nov 4, 2019

esqappellate said:
Well, oral argument was conducted today in the Maryland Court of Special Appeals. Should be interesting.

Thanks for what you do! I hear you were on fire.

CypherPunk · Nov 4, 2019

Anyone can request an audio recording from the court. The cost is $10.

I understand the clerk will rip a cd while you wait.

Someone in Annapolis please hook us up.

motorcoachdoug · Nov 5, 2019

I am sure it was an interesting time before the court. Hope someone can post a link here so we may hear it..

teratos · Nov 5, 2019

CypherPunk said:
Anyone can request an audio recording from the court. The cost is $10.

I understand the clerk will rip a cd while you wait.

Someone in Annapolis please hook us up.

Rip a what? I don’t have a cd drive in my house!!!

danb · Nov 5, 2019

so, only audio, no transcript, I guess?

Allen65 · Nov 5, 2019

teratos said:
Rip a what? I don’t have a cd drive in my house!!!

The skills base represented in MDS is huge. I'm sure there's someone here who can get it pressed into an LP for you. Or do you want it on 8-Track? :lol2:

Bigfoot21075 · Nov 5, 2019

Allen65 said:
The skills base represented in MDS is huge. I'm sure there's someone here who can get it pressed into an LP for you. Or do you want it on 8-Track?

May it could be chiseled into stone tablets...

Kharn · Nov 5, 2019

Allen65 said:
The skills base represented in MDS is huge. I'm sure there's someone here who can get it pressed into an LP for you. Or do you want it on 8-Track?

I think he needs a speaking trumpet or one of those gramaphones?

teratos · Nov 5, 2019

Allen65 said:
The skills base represented in MDS is huge. I'm sure there's someone here who can get it pressed into an LP for you. Or do you want it on 8-Track?

I actually do have a turn table.....

All my CDs are in the attic, as we are 100% digital/streaming.

esqappellate · Nov 5, 2019

danb said:
so, only audio, no transcript, I guess?

I will be ordering the transcript today. It will take awhile.

danb · Nov 5, 2019

esqappellate said:
I will be ordering the transcript today. It will take awhile.

thanks!!

Whalen v Handgun Permit Review Board Appeal Brief Filed

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