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Mass LTC Holders with FLRB Reliefs Will Be revoked !

One of the problems with US v. Logan is the BATFE is seeing the list (Vote, hold public office, serve on a jury) as an exhaustive list of civil rights, rather that examples.
 
Rob Boudrie said:
I just paid a whole pile of legal bills. The attorneys Comm2a has been using are sufficiently committed to the cause to give us very favorable rates on fees, but it's still a s-load of $$.
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As someone not selected to be assisted by any groups, can I get an idea of how much this is costing? It had to come up as I’m house shopping, I’m afraid I won’t have a down payment any more.
 
ArmySarge said:
As someone not selected to be assisted by any groups, can I get an idea of how much this is costing? It had to come up as I’m house shopping, I’m afraid I won’t have a down payment any more.
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I’m only guessing, but I imagine by the time someone is at an FLRB appeal, they’re already several thousands into the legal process. People have mentioned elsewhere on the forum it usually goes into the four to five figure range. My (uneducated IE- IANAL) guess is anywhere from 5-10K depending on how far up the chain you’re going, maybe more maybe less depending on the circumstances of your individual case. I’m sure one of the attorneys recommended could give you more detailed info during a paid consultation.
 
Instapundit, Ace of Spades, Kurt Schlichter and some other well read blogs/authors/radio/twitter people have been giving this press. That's a few million eyeballs and ears put together.
 
Roof gunner said:
I don’t believe I’m allowed to Cary one while this FLRB business is going on
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I think the you are short changing yourself. Even a percussion rifle with a rifled barrel will kill deer and bear at typical shotgun ranges; easily out to 100 yards. A properly set up inline will more than double that if you can places to shoot deer that far. LOL

It seems pretty clear to me but I am not a lawyer. It wouldn’t hurt to check with one though.

Bob

“NOTE: Although a firearms license is not needed to possess primitive long guns such as a muzzleloading rifle or shotgun or its ammunition, a firearms license is needed to purchase all ammunition including black powder.”
Gun ownership in Massachusetts

“The provisions of sections 122 to 129D, inclusive, and sections 131, 131A, 131B and 131E shall not apply to:

(A) any firearm, rifle or shotgun manufactured in or prior to the year 1899;

(B) any replica of any firearm, rifle or shotgun described in clause (A) if such replica: (i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or (ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; and

(C) manufacturers or wholesalers of firearms, rifles, shotguns or machine guns.”

General Law - Part I, Title XX, Chapter 140, Section 121
 
Are they saying good luck fighting city hall ? Hate to sound stupid but that’s what I got from that...... wonder if the restored was law enforcement ? Do we know what town ??
 
Roof gunner said:
Are they saying good luck fighting city hall ? Hate to sound stupid but that’s what I got from that...... wonder if the restored was law enforcement ? Do we know what town ??
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I was under the impression that is what they have been saying from minute one. "You have a court order? Who are you going to get to enforce it against us?"
 
firestorm said:
I was under the impression that is what they have been saying from minute one. "You have a court order? Who are you going to get to enforce it against us?"
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DCJIS's reasoning is wrong, but it's more legally defensible than that.

Basically, the law both provides police chiefs with discretion and only allows DCJIS to issue licenses to legally eligible people. It provides an explicit mechanism to expeditiously override police chiefs' discretionary denials by suing them in District Court.

But DCJIS is a state agency and is not a party to those lawsuits, so the judgments are not enforceable against them. It's not even clear that the District Court has the legal authority to hear a lawsuit against DCJIS, never mind enforce a judgment. In Massachusetts, "equity" remedies against government agencies usually have to go through Superior Court, unless the legislature has explicitly granted the District Courts authority to hear the cases.

I suspect this is what Comm2a is working out, and while I wouldn't expect them to publicly disclose legal strategy, don't be surprised if the next thing we hear about is a filing against DCJIS in Superior Court, requesting a declaratory judgment and an injunction to force them to issue the licenses.
 
Boston4567 said:
DCJIS's reasoning is wrong, but it's more legally defensible than that.

Basically, the law both provides police chiefs with discretion and only allows DCJIS to issue licenses to legally eligible people. It provides an explicit mechanism to expeditiously override police chiefs' discretionary denials by suing them in District Court.

But DCJIS is a state agency and is not a party to those lawsuits, so the judgments are not enforceable against them. It's not even clear that the District Court has the legal authority to hear a lawsuit against DCJIS, never mind enforce a judgment. In Massachusetts, "equity" remedies against government agencies usually have to go through Superior Court, unless the legislature has explicitly granted the District Courts authority to hear the cases.

I suspect this is what Comm2a is working out, and while I wouldn't expect them to publicly disclose legal strategy, don't be surprised if the next thing we hear about is a filing against DCJIS in Superior Court, requesting a declaratory judgment and an injunction to force them to issue the licenses.
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Ok, I didn't know that. The way I thought it had gone was a court order directing the state (DCJIS) to issue the licenses already from several courts and they were ignoring it. Thanks for the explanation.
 
Yeaaaa !!!!! Love that guy !! Awesome job ! So is baker still the hold up on all this?? What are the judges saying ? Thanks for the info K D
 
Knuckle Dragger said:
Jason Guida brought in another win yesterday, this time against Watertown. The brings the total number of wins to at least eight. But we still haven't seen any licenses restored.
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I'm still confused. So they are ignoring the decisions and court orders to restore licenses? The courts don't seem to have an enforcement mechanism, and if unwilling to declare anyone in contempt and jail them, what is the point to continued litigation? Is this just a setup for precedent for another level of courts that will actually enforce something?
 
firestorm said:
I'm still confused. So they are ignoring the decisions and court orders to restore licenses? The courts don't seem to have an enforcement mechanism, and if unwilling to declare anyone in contempt and jail them, what is the point to continued litigation? Is this just a setup for precedent for another level of courts that will actually enforce something?
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So far, the FRB is only defying the district courts. We have several options for going higher. Like always, this is a process.
 
Surely going to be a process even with a full win at the state level and any re-issuance of licenses, federal issues (interpretations) remain which really is the root of all of this.
 

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