Comm2A Challenges Burden Shifting

[Comm2A]

Earlier this month we filed a federal civil rights lawsuit against the Holliston: Hunt v. Moore

• Does the Second Amendment really protect an individual right when the individual can be forced to prove that they are not prohibited from exercising that right?
• Can an individual be denied access to an enumerated right simple because it is impossible for them to prove that they’re not prohibited by law from obtaining a license that would allow them to exercise that right?
• Can a Massachusetts police chief require an applicant for a firearms license to prove a negative?

This is the case we announced Wednesday on Episode 6 of GOAL's podcast 'The Primer'.

I'll neg rep the first person who posts: "Oh, but I thought Holliston was a green town...."

 

[soam]

I guess not everyone has gotten the memo that towns are getting sued for this crap. Maybe there should be mandatory firearm licensing law classes for all town licensing officers.

I love how items 9-17 in the complaint boil down to "'firearm' means 'handgun'". I understand why it's necessary, but it just goes to show how absurd our laws are and how confusing they can be.

Also, now the town I currently live in AND my hometown have been sued by Comm2A. Go me?

 

[boatman]

Interesting case. Wonder what happens when MA hopefully decriminalises marijuana in the fall? How will the towns deny this crap anymore!?!

 

[Rob Boudrie]

Interesting case. Wonder what happens when MA hopefully decriminalises marijuana in the fall? How will the towns deny this crap anymore!?!

The ballot initiative is not to "decriminalize" (already done for small quantities) , but to "legalize".

The issue in this case is there is no record as to the specifics of the conviction. If the applicant could prove it was for less than one ounce of MJ, the PD would have issued. As it stands, the PD cannot prove it was for a non-MJ drug, and the applicant cannot prove it was for MJ. The PD is claiming the applicant is obligated to prove it was for MJ; the applicant is arguing the PD is obligated to prove it was for non-MJ.

We can expect the AG's office to fight this tooth and nail as the concept is simple - does the state have the burden of proof to deny a right, or does the applicant have a burden of proof to exercise the right?

 

[milktree]

Fix the spelling error on the on the Comm2A web page and I'll write y'all a check for $100.

 

[Chevy 2 65]

The ballot initiative is not to "decriminalize" (already done for small quantities) , but to "legalize".

The issue in this case is there is no record as to the specifics of the conviction. If the applicant could prove it was for less than one ounce of MJ, the PD would have issued. As it stands, the PD cannot prove it was for a non-MJ drug, and the applicant cannot prove it was for MJ. The PD is claiming the applicant is obligated to prove it was for MJ; the applicant is arguing the PD is obligated to prove it was for non-MJ.

We can expect the AG's office to fight this tooth and nail as the concept is simple - does the state have the burden of proof to deny a right, or does the applicant have a burden of proof to exercise the right?

What a pile of dog shit ! Not what you wrote, but the back and forth with the freaking PD.

 

[Knuckle Dragger]

Fix the spelling error on the on the Comm2A web page and I'll write y'all a check for $100.

There's just one?

 

[swatgig]

I'll neg rep the first person who posts: "Oh, but I thought Holliston was a green town...."

This is sooooooo tempting.......

 

[MachineHead]

KD, can any Joe Schmo go and watch any of the Comm2A court trials? Like as a spectator.

 

[Rob Boudrie]

KD, can any Joe Schmo go and watch any of the Comm2A court trials? Like as a spectator.

Yes. None of our trials are held in the secret federal court system (yes, there is a separate, parallel system with a "secret docket" for trying dissidents)

 

[Knuckle Dragger]

Yes. None of our trials are held in the secret federal court system (yes, there is a separate, parallel system with a "secret docket" for trying dissidents)

Certain family court proceeding are closed as well. But, again, not relevant to our work.

 

[MisterHappy]

Fix the spelling error on the on the Comm2A web page and I'll write y'all a check for $100.

If it's the one that I see, it's not misspelled, just misused.

Comm2A: Thanks.

 

[Glockster30]

delete

 

[milktree]

If it's the one that I see, it's not misspelled, just misused.

Comm2A: Thanks.

It was fixed in the first post!


And... "Massachusetts" is spelled wrong too,

"Challenge to the Massachusettts requirement..."

 

[Knuckle Dragger]

Like I said, just one......

In some cases the font very hard to see while editing.

So is anyone actually reading the article or complaint?

 

[Glockster30]

I deleted my post in #13 above because "induvial" is a word and I thought maybe "induvial right" was some type of a weird legal term.

And yes, I did read the complaint; it was excellent. I also learned something from reading it when it referred to the MGL covering it and was surprised to see marijuana spelled as "marihuana" in the cited MGL.

 

[Knuckle Dragger]

I deleted my post in #13 above because "induvial" is a word and I thought maybe "induvial right" was some type of a weird legal term.

And yes, I did read the complaint; it was excellent. I also learned something from reading it when it referred to the MGL covering it and was surprised to see marijuana spelled as "marihuana" in the cited MGL.

LOL. I was going to try to pass that off, that "induvial" was some weird legal expression. Maybe if it had been in italics!

 

[MachineHead]

The complaint looks pretty solid. #21 really sticks out where Hunt is not a PP federally and in probably one of the most restrictive jurisdictions in the country, New York, where the offense happened.

 

[dans]

So is anyone actually reading the article or complaint?

I do. IANAL but I can follow your submissions fairly easily.

Keep up the good work!

 

[Rob Boudrie]

Like I said, just one......

In some cases the font very hard to see while editing.

Control +; repeat as needed.

 

[milktree]

Website fixed!

$100 sent!

(I would have sent it anyway)

 

[Coyote33]

Where is this one at?

 

[Knuckle Dragger]

Where is this one at?

click on the link in the original post and you'll see

 

[Coyote33]

click on the link in the original post and you'll see

Here it is:

Status:

Case dismissed when the Holliston PD relented and issued a license to Hunt.
Updates:

04/07/2016 -- Complaint
08/23/2016 -- Notice of Voluntary Dismissal

 

[FrugalFannie]

Where is this one at?

Plaintiff asked it be dismissed.
http://ia601209.us.archive.org/35/items/gov.uscourts.mad.179327/gov.uscourts.mad.179327.6.0.pdf

 

[Knuckle Dragger]

Quick reference on all cases: http://comm2a.org/index.php/8-home/230-leader-board

Back story on Hunt: The PD relented as soon as they figured out they were in the wrong and issued Hunt a license. At that point it wasn't worth pursuing just to cover our legal bills and they didn't amount to much. They would have been substantial if we'd decided to litigate the legal fees.

 

[Coyote33]

Quick reference on all cases: http://comm2a.org/index.php/8-home/230-leader-board

This is awesome, and what I was looking for. This will help.

 

[Rob Boudrie]

They would have been substantial if we'd decided to litigate the legal fees.

There is a non-trivial risk the court would have dismissed any such action as moot, a license having been issued to the appellant.

This sort of crap has happened before - like when we tried for legal fees after convincing Boston to accept a US Passport as proof of citizenship. We had a solid case for a 42 USC 1983 award of legal fees - the court simply dismissed the claim, ignoring Comm2As very solid argument as to why the defendant rolling over once the case was filed did not diminish said defendant's liability for fees.