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Old July 6th, 2017, 11:48 PM #171
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Quote:
Originally Posted by Elliotte View Post
First off, the Caetano per curium was 8-0, there was no 9th justice at the time.

Second, Caetano was really a 2-6 against the 2A case. All the PC did was say that Mass's reasoning for deciding the case and supporting the stun gun ban wasn't any good. The PC said those reason are BS, try again, and everyone took that as "stun gun bans are unconstitutional". The PC didn't reverse Mass's ruling or correct it, it simply vacated it and sent it back to the Mass SC.

Justice Alito wrote a longer opinion that Justice Thomas joined in that took the position that stun guns are absolutely protected by the 2A and stun gun bans are unconstitutional. This is what everyone seems to be taking as the official Caetano ruling of the court, but that was only the ruling of 2 of the 8 justices. Kennedy and Roberts wouldn't even sign on to that, furthering the impression that one or both may have second thoughts on taking any further 2A cases.

It wouldn't surprise me if the court didn't want to take Caetano, especially with only 8 justices, but Alito and/or Thomas badgered them into issuing the PC.
Right. Roberts is worried about his "legacy," which means he's a liberal.
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Old July 10th, 2017, 02:10 PM #172
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With the court granting certiorari and deciding in Norman's favor..I cant' wait to be open carrying a firearm, without a license, in California by the 4th of July next year. Freedom will never feel so good as it will on that day.
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Old July 10th, 2017, 03:00 PM #173
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Petition for writ of certiorari has been filed today

https://www.floridacarry.org/images/...rman-Final.pdf
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Old July 10th, 2017, 06:27 PM #174
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Well, Halbrook is on the cert petition, and he did write the book on original meaning of the 2nd amendment...

This case puts the court in a peculiar position. Uphold carry ban so long as there is a liberal concealed carry licensing scheme, or force open carry.

Here's hoping maybe Roberts and Kennedy grow a spine. Not holding my breath though.
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Old July 10th, 2017, 07:52 PM #175
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Well, Halbrook is on the cert petition, and he did write the book on original meaning of the 2nd amendment...

This case puts the court in a peculiar position. Uphold carry ban so long as there is a liberal concealed carry licensing scheme, or force open carry.

Here's hoping maybe Roberts and Kennedy grow a spine. Not holding my breath though.
And I'm sure the state will be arguing for shall issue, leaving the court with a nice choice which we win each way.
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Old July 10th, 2017, 08:19 PM #176
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And I'm sure the state will be arguing for shall issue, leaving the court with a nice choice which we win each way.
Unless that take a pass and deny cert.
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Old July 10th, 2017, 08:25 PM #177
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Charles Nichols is hopping mad that Norman's lawyers did not take his advice in structuring the cert brief.

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I had pleaded with Norman’s attorney to not limit the question before the court to handguns. Which is exactly what he did.

... blah blah blah ...

Unless President Trump has the opportunity to appoint another justice or two this summer or fall, I’m afraid we are looking at another “Cert Denied!”
Isn't Nichols like 0 to 2 or 3 in his lawsuits so far? 0 to 0 in SCOTUS so far and just as likely to be shot down by the 9th circuit as anybody with a gun. (pun intended)
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Old July 10th, 2017, 08:45 PM #178
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Quote:
Originally Posted by shacklefordbanks View Post
Charles Nichols is hopping mad that Norman's lawyers did not take his advice in structuring the cert brief.



Isn't Nichols like 0 to 2 or 3 in his lawsuits so far? 0 to 0 in SCOTUS so far and just as likely to be shot down by the 9th circuit as anybody with a gun. (pun intended)
Also Halbrook has won 3 cases, written amicus for more, and literally wrote the book on the 2nd amendment. Nichols can suck my HBAR.
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Old July 10th, 2017, 09:52 PM #179
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Quote:
Originally Posted by shacklefordbanks View Post
Charles Nichols is hopping mad that Norman's lawyers did not take his advice in structuring the cert brief.



Isn't Nichols like 0 to 2 or 3 in his lawsuits so far? 0 to 0 in SCOTUS so far and just as likely to be shot down by the 9th circuit as anybody with a gun. (pun intended)
Nichols fails to understand that if there is an actual damaged party of a constitutionally protected right, and the lower court gets it wrong, they will accept the cert petition. Though I respect anyone that does it on their own as a pro-se litigant. When I found out about his desire for a license to be issued to him, I was elated about Norman beating him to the high court.

It is mentioned in the cert petition that rifles and shotguns are prohibited from open or concealed carry, though they are not a part of the question presented, " firearms " is used generally in the first part.


" Florida law provides for licenses to carry handguns concealed, but prohibits carrying firearms openly. "

" Yet Florida prohibits any and all carrying of long guns (rifles and shotguns) whether openly or concealed, and bans any and all carrying of handguns, both openly and concealed, except for concealed carry by license holders as a privilege, not a right. "
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Old July 11th, 2017, 07:37 AM #180
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It is well written and I for one will be interested to see if SCOTUS does grant cert. IMO i believe they will take it and grant cert. As to how this will help us here in MD if they do prevail I would like the legal eagles here to respond and let the rest of us who are not well versed in legalese what would happen if they did strike down FL law against open carry..
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