Could Cert petition
- Thread starter wolfwood
- Start date
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TexDefender
Ultimate Member
- Feb 28, 2017
- 1,572
Just wish a certainly lady would retire due to health reasons first.
Perhaps a Mod could change the title to Gould?
Bigfoot21075
Ultimate Member
Wow! Hope they take this one!!
Can you retire if you're dead? Asking for a friend...
Bigfoot21075
Ultimate Member
I think that counts as Auto-Retire.
Well that was a good, sensible read. Can't see how four justices wouldn't agree to grant based on such an obvious need to mop up the circuit split on a fundamental Bill of Rights issue. But then, I expect a lot of people, and am usually disappointed.
Knuckle Dragger
Active Member
- May 7, 2012
- 213
The casual reader will notice that the QP in Gould is identical to that in Rogers. In fact, the petition asks the court to grant Rogers, hold Gould and then GVR it once Rogers is decided. Rogers is a stronger petition because it challenges a statute not the easily changeable practices at issue in Gould. Brookline and Boston could derail Gould by changing their licensing policies. It's not out of the question. Massachusetts has been blocking a number of recent initiatives by quietly issuing licenses to plaintiffs.
danb
dont be a dumbass
ok, I gotta laugh. Summary of cert petition: Take the other case its better and drag us along with it.
Counsel of record is the same in both cases, David Thompson.
I really hope that they do take this case and as a result give a really good smack down to Mass Pe pe over G&S and give ol Her Frosh a MI as well.
Briefs in opposition filed by both the state and sheriffs:
https://californiaopencarry.com/wp-...-Opposition-Gould-v.-Morgan.pdf?189db0&189db0
https://californiaopencarry.com/wp-...AM-G.-GROSS-Gould-v.-Morgan.pdf?189db0&189db0
The state contends that Wrenn can simply be set aside, so no split. The Sheriffs admit there's "tension" between Wrenn and the 1st Circuit opinion. Both try and claim Wrenn is at odds with another DC Circuit opinion (Heller II) and that en banc should resolve the differences, even though DC filed for en banc and NO judges of the DC Circuit voted for it!!!!
The sheriffs' brief also asks SCOTUS to take their case if Rogers is granted cert.
This should get a conference date in a few weeks.
https://californiaopencarry.com/wp-...-Opposition-Gould-v.-Morgan.pdf?189db0&189db0
https://californiaopencarry.com/wp-...AM-G.-GROSS-Gould-v.-Morgan.pdf?189db0&189db0
The state contends that Wrenn can simply be set aside, so no split. The Sheriffs admit there's "tension" between Wrenn and the 1st Circuit opinion. Both try and claim Wrenn is at odds with another DC Circuit opinion (Heller II) and that en banc should resolve the differences, even though DC filed for en banc and NO judges of the DC Circuit voted for it!!!!
The sheriffs' brief also asks SCOTUS to take their case if Rogers is granted cert.
This should get a conference date in a few weeks.
The Sheriffs just do not get it that NO Judge did call for a en banc vote and or do not want to believe their was not a single judge who called for a vote on this question at all. They all have their heads buried in the sand and or sea letting the state AG tell them what to do when it comes to 2A and that way they can say the people wanted it that way as well. I think that they are afraid if this case is held while Rogers is granted cert and NJ law is struck down then they know their power over the people will be cut in half as well so that is why they want this case to go forward while Rogers moves forward if Rogers is granted as well, so right now it is a waiting game to see what SCOTUS will do and how they will rule also...Lets not forget Herr Frosh and his Minions in the MSP Lic Division are keeping track of this as well and hoping both of them are denied cert as well.
krucam
Ultimate Member
This is going to be very interesting to see what SCOTUS does with both cases and I really hope that they hold the Mass case and grant cert in the NJ case and overturn NJ law and then send it back to the 1ca to be consistent with their ruling with the NJ case.
danb
dont be a dumbass
There is no circuit split except for that teensy circuit split by DC, lol.
Reading the briefs though I think Rogers (NJ) is a better case
Just my opinion.
Reading the briefs though I think Rogers (NJ) is a better case
Just my opinion.
The Mass brief indicates that most unrestricted permits issued in Brookline and Boston are given to government officials. No evidence or documented proof of heightened risk for those persons is offered, only speculation.
No discrimination there, folks. Move along.
No discrimination there, folks. Move along.
Both the sheriffs' and Mass government briefs cite laws from the 1700's that seem to indicate prohibitions against being "offensively" armed in public in Mass. I think inclusion of the word "offensive" in these laws may be analogous or similar to current MD knife carrying regulation laguage, which I think indicates that it is permissible to carry a knife of a specific type as long as the bearer does not have intention to harm anyone. Old Mass laws may be similar, ie no carrying arms with ill intent.
The laws cited by Mass officials may have been be cited incorrectly or misinterpreted, or misunderstood by Mass officials who filed the brief(s). Or they could be trying to pull a fast one on the judges.
The laws cited by Mass officials may have been be cited incorrectly or misinterpreted, or misunderstood by Mass officials who filed the brief(s). Or they could be trying to pull a fast one on the judges.
j_h_smith
Ultimate Member
- Jul 28, 2007
- 28,516
I just don't see how these states can argue against Wrenn vs DC. I thought once it was settled law, it was the law of the land.
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