Comm2A, SAF, GOAL and FPC file against Baker admin on shop closures

Drix said:
If the Comm2 needs me to pull a 22 out and start shooting in my backyard until the cops come and arrest me let me know... [rofl]

Thank you btw.
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If you are going to shoot in your yard, you need to set up a range - target stands, shooting bench, signs, rifle rack, etc. are all good acroutrements so that the case becomes "can a range be put here" rather than "unlawful discharge within 150ft or a road or 500ft of an occupied building", the later offenses being misdafelonies.
 
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12:22pm: Back on the line for a few minutes. The plaintiffs are up now. Comm2a's lawyer is just better than the state's. The judge poses a question and he thinks about the answer and responds without trying to change the subject.
12:25pm: Reviewing Walmart ammunition and the inconsistency of Walmart being able to sell ammo while "essential" manufacturers can't sell ammo. State brings up .22 rimfire.
12:28pm: Judge: "You'd have to have fallen off the turnip truck to not know that there are handguns that accept .22 caliber rimfire... well, maybe I shouldn't use that as a standard for judicial notice" [rofl]
 
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The judge keeps bringing up whether the availability of only private sales puts a "heavy" burden on gun owners. The state is arguing that because there are private sales available, there is no heavy burden on would be gun buyers and that having gun stores open is a danger to social distancing. For me, the problem in that argument is that the state is, forcing gun owners to go to someone else's house during a pandemic. A would-be buyer doesn't know the health history of the seller, whether they have been recently ill, ect. whereas a store would be legally bound to adhere to CDC guidelines. Wouldn’t it be effective to argue that private sales are a greater risk to public health than simply allowing stores to open?
 
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Why didn't one of these emergency hearings (or injunctions, I'm not up on the technical terms here) get filed right after Ms. Healey's re-interpretation in 7/2016? I would think it would be a quicker and cleaner way of going after her "interpretation" rather then filing in federal court . . . .
 
BigGreen2000 said:
Why didn't one of these emergency hearings (or injunctions, I'm not up on the technical terms here) get filed right after Ms. Healey's re-interpretation in 7/2016? I would think it would be a quicker and cleaner way of going after her "interpretation" rather then filing in federal court . . . .
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For one thing, the only question about filing in state court would be how much prose the court would use to compliment the AG before ruling against us.
 
Was able to hop back on... the state kept pushing for a Thursday deadline for (I think) submission of additional/supplemental papers, given the need to talk to the governor's office, etc. The judge said no, not Thursday, you've had plenty of time. Wednesday at 5pm is their deadline for submissions (I think), with a Thursday morning ruling.

The judge's money quote: "We're in an emergency, and emergencies include emergency efforts to protect constitutional rights."
 
The AGs office will grasp at any straw and send in attorneys to defend even the most blatant loser of a case. When Comm2a filed Fletcher v. Haas (legal resident aliens right to an LTC) was heard the state actually argued that none of the elements of the bill of rights applies to non-citizens.
 
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Boston4567 said:
Was able to hop back on... the state kept pushing for a Thursday deadline for (I think) submission of additional/supplemental papers, given the need to talk to the governor's office, etc. The judge said no, not Thursday, you've had plenty of time. Wednesday at 5pm is their deadline for submissions (I think), with a Thursday morning ruling.

The judge's money quote: "We're in an emergency, and emergencies include emergency efforts to protect constitutional rights."
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Sounds like the judge is actually somewhat competent. Wow.
 
Boston4567 said:
The judge's money quote: "We're in an emergency, and emergencies include emergency efforts to protect constitutional rights."
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“Advise your clients...” lol

Not a professional opinion obviously, but I was impressed with Judge Woodlock. People said he doesn’t suffer fools and they were right. He’s a serious man. Didn’t give Comm2a’s attorney an inch if he didn’t consider a particular argument strong/valid. He seemed to be giving the private sale argument some consideration ( : / )

Sounded at the end like he was leaning a certain way, but what do I know.
 
Junior314 said:
Government/Left loves to vilify private party sales and the “gun show loophole” then when we can’t purchase from FFLs turns around and says... What’s the problem? People can just purchase firearms via private sales.

Gotta love it.
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This. ^^^

Nice to see the state using the “Gun Show Loophole” as a positive.
 
Rob Boudrie said:
The AGs office will gasp at any straw and send in attorneys to defend even the most blatant loser of a case. When Comm2a filed Fletcher v. Haas (legal resident aliens right to an LTC) the state actually argued that none of the elements of the bill of rights applies to non-citizens.
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I'm embarrassed to admit that when I was in my early 20s and hadn't actually considered what this statement means, I thought it was a valid idea. But I was an idiot and a layperson. How can an attorney swear the below and...you know what? I give up. I can't even finish that thought without getting sad.

Section 38. Whoever is admitted as an attorney shall in open court take and subscribe the oaths to support the constitution of the United States and of the commonwealth; and the following oath of office shall be administered to and subscribed by him:

I (repeat the name) solemnly swear that I will do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly promote or sue any false, groundless or unlawful suit, nor give aid or consent to the same; I will delay no man for lucre or malice; but I will conduct myself in the office of an attorney within the courts according to the best of my knowledge and discretion, and with all good fidelity as well to the courts as my clients. So help me God.
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csobrien said:
“Advise your clients...” lol

Not a professional opinion obviously, but I was impressed with Judge Woodlock. People said he doesn’t suffer fools and they were right. He’s a serious man. Didn’t give Comm2a’s attorney an inch if he didn’t consider a particular argument strong/valid. He seemed to be giving the private sale argument some consideration ( : / )

Sounded at the end like he was leaning a certain way, but what do I know.
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I was impressed/surprised by this as well. Hearing him interact with the defendants, I got the feeling he had a clear leaning. Especially with the persistence that they provide an explanation for why 2A was being targeted but not other commodities.

Then when he started addressing plaintiffs, he removed all doubt of simple bias from my mind. He was equally direct in demanding clear explanations where he felt things were vague or unclear. If he bases his decision solely on the level of burden, the private sale may be an issue. The handgun ammunition would potentially address this though, as just because you can acquire a handgun doesn't mean you can get ammunition for it. The real question is, does the state have a burden of proof/explanation? Can they simply say "because we said so" as long as private sales are allowed?
 
csobrien said:
“Advise your clients...” lol

Not a professional opinion obviously, but I was impressed with Judge Woodlock. People said he doesn’t suffer fools and they were right. He’s a serious man. Didn’t give Comm2a’s attorney an inch if he didn’t consider a particular argument strong/valid. He seemed to be giving the private sale argument some consideration ( : / )

Sounded at the end like he was leaning a certain way, but what do I know.
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His job is to put the screws to both parties. That he did means he's engaged, and trying to offer full thought to the problem.

In a lot of ways, it's a good sign for us. That he pressed Comm2A means that he is considering our argument. If he only asked the State for their side , then lobbed a couple cursory questions at ours, it would likely be scarier as that means his mind is made up in advance and probably not in the way we'd hope.
 
Boston4567 said:
Was able to hop back on... the state kept pushing for a Thursday deadline for (I think) submission of additional/supplemental papers, given the need to talk to the governor's office, etc. The judge said no, not Thursday, you've had plenty of time. Wednesday at 5pm is their deadline for submissions (I think), with a Thursday morning ruling.

The judge's money quote: "We're in an emergency, and emergencies include emergency efforts to protect constitutional rights."
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Wait be still my heart a judge said that? In MA especially?
 
Atlantis said:
Also "they can go to other states" again, Judge not having it.

This is awesome
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Thinking on it more, this is more fun than the private sales argument.

OK, State. State, OK. OK, State. State, OK. I'm going to describe a scenario, let's see if I'm following.
Because other states have laxer gun laws, your laws can't actually infringe since people can go to those other states to buy the material necessary for the core right of the 2A. But when people go to those other states to buy firearms they're criminals because you can't get them here?

I'm pretty sure that dog don't hunt.
 

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