Comm2A Challenges Firearms Prohibition for Lawfully Admitted Aliens

[OfficerObie59]

Yeah, I am not worried about this. The analysis this judge did on citizenship issues is bar none one of the best I have seen. It explains why we had to wait so long.

Like I posted in the article thread, my favorite part of today's decision is the constitutional history discussion from pages 12-16, including this gem:

The terms “citizen” and “the people” have generally not been treated as synonymous for purposes of constitutional useage.

The one instance in which they were treated as equivalent by the court, Dred Scott v. Sandford, 60 U.S. (19 How.) 393, 404 (1856), was an unfortunate aberration that was subsequently overruled by the enactment of the Fourteenth Amendment.

I'd hazard to guess that most of the time a court cites Dred Scott in your favor, you win the case.

Tom, I hoped that line put a smile to the face of you guys at Comm2A. Sure did me.

 

[cekim]

Tom, I hoped that line put a smile to the face of you guys at Comm2A. Sure did me.

The breadth of the decision and its basis on 2A is fantastic. I know many people were asking "why _this_ issue," but comm2A knocked it out of the park here and not only got a great and deserved decision for lawful alien residents, but one that will serve as foundation to future efforts for everyone.

Deval just got vetoed. More good things to come.

 

[Coyote33]

Congratulations, pending your further reading and interpretations.

 

[Knuckle Dragger]

I am ecstatic. This is the best birthday week I've ever had.

 

[terraformer]

Or C2A can file a 59(e) motion to amend.

We could but I am not sure it would be a good idea in this case.

Tom, I hoped that line put a smile to the face of you guys at Comm2A. Sure did me.

Yup....

 

[derrick_lui]

This is great news guys!
Donation inbound.

 

[Admin]

 

[economist]

The is excellent. Great job guys.

 

[50 BMG]

OUTSTANDING JOB GUYS!!!!!!!

 

[Knuckle Dragger]

This has been a pet project of mine that pre-dates our founding of Comm2A. There are a LOT of people that will benefit from this ruling. Don't be surprised if they end up prying open a few more doors for us!

 

[yanici]

Thanks to all of you at Comm2A. Your hard work and diligence is starting to pay off.

Got some auto repairs and other things this month but I'll be sending some more $$$ in a month or so. I promise not to forget.

 

[jar]

This has been a pet project of mine that pre-dates our founding of Comm2A. There are a LOT of people that will benefit from this ruling. Don't be surprised if they end up prying open a few more doors for us!

Yeah, I remember reading the original thread when this case was filed. It was cool to look back and see the genesis of comm2a.

Sent from my PG06100 using Tapatalk

 

[Jamie]

This has been a pet project of mine that pre-dates our founding of Comm2A. There are a LOT of people that will benefit from this ruling. Don't be surprised if they end up prying open a few more doors for us!

I, for one, am absolutely awestruck at the methodical foundation building you guys have begun. I hope everything you do is successful and I will continue to show my appreciation financially.

 

[terraformer]

Yeah, I remember reading the original thread when this case was filed. It was cool to look back and see the genesis of comm2a.

Sent from my PG06100 using Tapatalk

I said it in the other thread too but the Jarvis case is also interesting in how long it goes back. Jarvis was like the 2nd guy who reached out to us and he thought we had given up when I contacted him in August of 2011 saying we were on and I was looking for the attorney. I had been talking with Jensen by that point on something else which I then hit him up at GRPC in Sept to do this one instead and the light bulbs went on when I pitched him the approach and the case law he was all for it. So 8/2010 to 3/2012 is the gestation period to get this one birthed. It's an amazingly long period of time. We had a plaintiff meeting 12 months ago for a case I doubt we will have filed until the end of this year at best.

 

[terraformer]

From an immigrant in our main box tonight.

I never thought I see the day I do today [where I can] obtain my rightful license. I've been here since 1977 and I consider myself a us citizen.

 

[Len-2A Training]

Great work.

Glad to support your cause!

 

[OfficerObie59]

Tom, what do you think the odds are the Commonwealth will appeal to the 1st Cir? The opinion is so strong, it would seem to me to be a waste of cash--not that it means anything to the state and the FRB, but one would *hope* they'd apply some rational logic and cut their losses. Frankly, I thought the defendants' brief was written kinda half-assed, like they gave it the old college try knowing they would lose.

 

[terraformer]

Tom, what do you think the odds are the Commonwealth will appeal to the 1st Cir? The opinion is so strong, it would seem to me to be a waste of cash--not that it means anything to the state and the FRB, but one would *hope* they'd apply some rational logic and cut their losses. Frankly, I thought the defendants' brief was written kinda half-assed, like they gave it the old college try knowing they would lose.

We will know within 30 days. I am not about to tempt the gods handicapping it but we will be ready no matter what happens.

 

[Knuckle Dragger]

Tom, what do you think the odds are the Commonwealth will appeal to the 1st Cir? The opinion is so strong, it would seem to me to be a waste of cash--not that it means anything to the state and the FRB, but one would *hope* they'd apply some rational logic and cut their losses. Frankly, I thought the defendants' brief was written kinda half-assed, like they gave it the old college try knowing they would lose.

The existing case law was overwhelming to begin with and I was really surprised that the Commonwealth fought this as had as they did. The whole "the people" = citizen defense was absurd to begin. It's a legal theory someone pulled out of their backside and ran hard. If the Commonwealth does appeal I'll feel really badly for the AGA that has to argue it.

 

[Mike-Mike]

Great Job Guys!

 

[Rob Boudrie]

I was really surprised that the Commonwealth fought this as had as they did.

You see this sort of thing in criminal cases all the time - defendants with the evidence and odds overwhelmingly against them still going to trial on the longshot they might win.

 

[Jamie]

You see this sort of thing in criminal cases all the time - defendants with the evidence and odds overwhelmingly against them still going to trial on the longshot they might win.

Especially when the defendants have an unlimited budget from the taxpayers.

 

[Knuckle Dragger]

Special Thanks

I want to give a special shout-out to two NES visitors who played critical roles in getting this case going: Gray Peterson and Jared. Comm2A as an organization very much coalesced around Fletcher and both these guys were instrumental in helping us launch Comm2A and this case.

The genesis of this case, and in fact the beginnings of Comm2A, go back to a three year old thread and these posts:
http://www.northeastshooters.com/vb...n-Carry-Permit?p=941497&highlight=#post941497
http://www.northeastshooters.com/vb...n-Carry-Permit?p=952993&highlight=#post952993

Just a little history for a Saturday morning.

 

[Mike-Mike]

To quote Joe Biden "This is a big ****in deal"

 

[Rob Boudrie]

To quote Joe Biden "This is a big ****in deal"

To the best of my understanding, this is the first time a MA gun law has been specifically struck down by the federal court system. If there is an earlier example, please correct me.

 

[Coyote33]

You see this sort of thing in criminal cases all the time - defendants with the evidence and odds overwhelmingly against them still going to trial on the longshot they might win.

Especially when the defendants have an unlimited budget from the taxpayers.

Aren't they limited by what the legislature approves as an amount to be appropriated towards that use? Who controls legal fees for the defendants? Is it the state, the town, or the individual? We need to write them right away and tell them any further spending will not be tolerated in this current fiscal climate.

 

[Rob Boudrie]

Who controls legal fees for the defendants? Is it the state, the town, or the individual?

In this case, I believe it was use of in-house counsel on salary as a MA employee, rather than hiring outside counsel. Towns are more likely to use outside "paid by the hour" legal staff.

The decision to "defend or fold based on cost" really depends on the industry. Insurance companies generally fold in auto accident cases, treating each one on a short term cost/expense basis.

Fortune 500 companies tend to defend intellectual property suits, and do not easily give money way even when the legal fees exceed the claim. Just try telling a fortune 500 firm had an idea first and will settle for $10K to go away - they will sooner spend $100k to defend than to send a signal that anyone can get money by threatening to make them hire defense counsel.

I suspect it is rare for any government department, individual or corporation to ask "Do I really have a legitimate defense?" when talking to their counsel, but probably simply says "defend this".

 

[Coyote33]

...I suspect it is rare for any government department, individual or corporation to ask "Do I really have a legitimate defense?" when talking to their counsel, but probably simply says "defend this".

That is our opportunity as the people who pay for this to speak out. We need to send a copy of the press release to our elected officials, and make it clear defending the abuse of civil rights will not be tolerated.

 

[Matt_SERE]

I want to give a special shout-out to two NES visitors who played critical roles in getting this case going: Gray Peterson and Jared. Comm2A as an organization very much coalesced around Fletcher and both these guys were instrumental in helping us launch Comm2A and this case .

The genesis of this case, and in fact the beginnings of Comm2A, go back to a three year old thread and these posts:
http://www.northeastshooters.com/vb...n-Carry-Permit?p=941497&highlight=#post941497
http://www.northeastshooters.com/vb...n-Carry-Permit?p=952993&highlight=#post952993

Just a little history for a Saturday morning.

Outstanding news and a step in the right direction.

Hopefully "we the people" will have a great one - two punch with the main players being Comm2A and "the New G.O.AL." !

It is also great to read in the other posts the help that you are getting from outside the state from other National Org's as needed.

Congratulations you deserve it.

And Thank You!

 

[June4th]

I had been a resident alien for 5+ years before becoming a naturalized citizen. This is great news, not only for gun owners but for anyone who loves this country and waits patiently on the legal path to citizenship. When the 2A right is affirmed for resident aliens, so are the other 'inalienable' rights.

The protection of 4th-8th amendments probably is taken for granted for legal residents (well, illegals get better, so what the heck), another precedent to strengthen the protection only makes it better.