Supreme Court - NYSRPA v. Bruen - Megathread

I am soliciting opinions from the group...I am filing a motion to dismiss in a 10(a) charge. No offense but if you don't know what that means please don't reply. The defendant has no record and is not otherwise disqualified. And yes they will put him in the house of correction for 18 months if he is convicted. When I first started this research I thought it was a shot in the dark but now I am feeling pretty serious about this.

As of now, I intend to argue that in 1976 the case of Jackson was heard that raised two issues. (1) That the one year mandatory sentence violated cruel and unusual punishment and (2) that criminalizing with a mandatory minimum the RTKBA violated due process. Of course at that time, same year in fact in Davis, the SJC restated that there was no individual RTKBA in Mass. Bruen gives me great arguments to support both these claims now.

Thoughts? This is not about restrictions or suitability really since he did not have a license. But the punishment for bearing arms without a permission slip should not be mandatory incarceration. I point out that exercising a religious ceremony or political speech, comparable rights, can not be criminally punished if you don't get a permit.
 
nstassel said:
I am soliciting opinions from the group...I am filing a motion to dismiss in a 10(a) charge. No offense but if you don't know what that means please don't reply. The defendant has no record and is not otherwise disqualified. And yes they will put him in the house of correction for 18 months if he is convicted. When I first started this research I thought it was a shot in the dark but now I am feeling pretty serious about this.

As of now, I intend to argue that in 1976 the case of Jackson was heard that raised two issues. (1) That the one year mandatory sentence violated cruel and unusual punishment and (2) that criminalizing with a mandatory minimum the RTKBA violated due process. Of course at that time, same year in fact in Davis, the SJC restated that there was no individual RTKBA in Mass. Bruen gives me great arguments to support both these claims now.

Thoughts? This is not about restrictions or suitability really since he did not have a license. But the punishment for bearing arms without a permission slip should not be mandatory incarceration. I point out that exercising a religious ceremony or political speech, comparable rights, can not be criminally punished if you don't get a permit.
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Good luck Counselor!
 
nstassel said:
I am soliciting opinions from the group...I am filing a motion to dismiss in a 10(a) charge. No offense but if you don't know what that means please don't reply. The defendant has no record and is not otherwise disqualified. And yes they will put him in the house of correction for 18 months if he is convicted. When I first started this research I thought it was a shot in the dark but now I am feeling pretty serious about this.

As of now, I intend to argue that in 1976 the case of Jackson was heard that raised two issues. (1) That the one year mandatory sentence violated cruel and unusual punishment and (2) that criminalizing with a mandatory minimum the RTKBA violated due process. Of course at that time, same year in fact in Davis, the SJC restated that there was no individual RTKBA in Mass. Bruen gives me great arguments to support both these claims now.

Thoughts? This is not about restrictions or suitability really since he did not have a license. But the punishment for bearing arms without a permission slip should not be mandatory incarceration. I point out that exercising a religious ceremony or political speech, comparable rights, can not be criminally punished if you don't get a permit.
Click to expand...
Man that’s a long pull in this state. I think your logic is sound, especially given if this occurred in the majority of other states it would be a nonissue.
I’m admittedly not familiar with court proceedings, but if the dismissal isn’t granted is the next step an appeal to US 1st Circuit or MA SJC? Assuming 1st and given Bruen, I would think you should be getting a favorable result. However, I wouldn’t be at all surprised if because the defendant didn’t pay the crown he has to pay with time (which is bullshit obviously).
Maybe skip the line and go Habeas Corpus?
 
nstassel said:
I am soliciting opinions from the group...I am filing a motion to dismiss in a 10(a) charge. No offense but if you don't know what that means please don't reply. The defendant has no record and is not otherwise disqualified. And yes they will put him in the house of correction for 18 months if he is convicted. When I first started this research I thought it was a shot in the dark but now I am feeling pretty serious about this.

As of now, I intend to argue that in 1976 the case of Jackson was heard that raised two issues. (1) That the one year mandatory sentence violated cruel and unusual punishment and (2) that criminalizing with a mandatory minimum the RTKBA violated due process. Of course at that time, same year in fact in Davis, the SJC restated that there was no individual RTKBA in Mass. Bruen gives me great arguments to support both these claims now.

Thoughts? This is not about restrictions or suitability really since he did not have a license. But the punishment for bearing arms without a permission slip should not be mandatory incarceration. I point out that exercising a religious ceremony or political speech, comparable rights, can not be criminally punished if you don't get a permit.
Click to expand...

Offended and replying! (There's always one. . . or at least the first.)
 
after getting a call from guida looks like he pulled some strings and they expedited my LTC unrestricted to Medford and that the Chief is so called apologetic so today hopefully I’ll walk out of Medford with my unrestricted LTC since guida said it’s ready to be picked up
 
VetteGirlMA said:
They don't call it the 9th circus for a reason, but who knows even blind squirrels can find nuts. Sometimes I wonder if the 9th circuit enjoys getting slapped down time after time, but then it happens yet again so who knows.
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The 3 judge panel are Clinton, Obama and trump judges. The Clinton and Obama judges are not the most leftist on the 9th. One of them needs to not remand. Remand is a joke. Benitez decided the case based on text and history as well as the now not allowed intermediate scrutiny. CA had a fair trial and lost, not they want mulligan. Benitez would find the exact same way then it would be back in the 9th.



The mag limit case Duncan is the best candidate to be ruled unconstitutional since the 3 judge panel already struck it down and it was remanded from SCOTUS
 
DungeBerry63 said:
after getting a call from guida looks like he pulled some strings and they expedited my LTC unrestricted to Medford and that the Chief is so called apologetic so today hopefully I’ll walk out of Medford with my unrestricted LTC since guida said it’s ready to be picked up
Click to expand...

Amazing how quickly the system works with a call from a lawyer who knows what he’s doing. Congratulations.
 
vicorjh said:
Concealed Carry Reciprocity Act Submitted in the Senate


View: https://youtu.be/GWeOxPzR88M?t=128
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( didn't watch the video )
That would be a DOA bill in this congress.
Update: I watched the video. Again, this is a DOA bill. His joyful hope at the end of that video mentioning the red wave in NOV would not have any impact on this bill because the current congress would end on Jan 3 and this legislation would die with it. Obviously they could re-file, but its way to early for that. There is a lot of seat winning that needs to happen.
 
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nstassel said:
I am soliciting opinions from the group...I am filing a motion to dismiss in a 10(a) charge. No offense but if you don't know what that means please don't reply. The defendant has no record and is not otherwise disqualified. And yes they will put him in the house of correction for 18 months if he is convicted. When I first started this research I thought it was a shot in the dark but now I am feeling pretty serious about this.

As of now, I intend to argue that in 1976 the case of Jackson was heard that raised two issues. (1) That the one year mandatory sentence violated cruel and unusual punishment and (2) that criminalizing with a mandatory minimum the RTKBA violated due process. Of course at that time, same year in fact in Davis, the SJC restated that there was no individual RTKBA in Mass. Bruen gives me great arguments to support both these claims now.

Thoughts? This is not about restrictions or suitability really since he did not have a license. But the punishment for bearing arms without a permission slip should not be mandatory incarceration. I point out that exercising a religious ceremony or political speech, comparable rights, can not be criminally punished if you don't get a permit.
Click to expand...
Not that it means much but I agree with your logic but see the SJC using the support of licensing schemes in Breun to hang it's hat on.
Concur that lack of licensing should be at worst a civil infraction but I believe that would rise to federal level to get any relief right now simply because the courts want to maintain status quo and have had the cart upset by Bruen.
 
pastera said:
Not that it means much but I agree with your logic but see the SJC using the support of licensing schemes in Breun to hang it's hat on.
Concur that lack of licensing should be at worst a civil infraction but I believe that would rise to federal level to get any relief right now simply because the courts want to maintain status quo and have had the cart upset by Bruen.
Click to expand...
I am certain that it doesn't make a convincing argument to say that the ltc law is invalid therefore the crime of carrying without a license is not valid. I think some lawyers are going to try that and lose. But judges don't like sending someone to jail for a year and a half with no record and might bite.
 
nstassel said:
I am certain that it doesn't make a convincing argument to say that the ltc law is invalid therefore the crime of carrying without a license is not valid. I think some lawyers are going to try that and lose. But judges don't like sending someone to jail for a year and a half with no record and might bite.
Click to expand...
It seems like climbing over Davis in MA will be the big hurdle. Bruen seems, on the surface, like it should help boost that up. Ideally, demonstrating that even in other [previously] may-issue jurisdictions, there was a legal process for unlicensed possession would help bolster your argument. As you note, nobody's going to a house of correction for 1.5 years because they protested without a permit...
 
nstassel said:
I am soliciting opinions from the group...I am filing a motion to dismiss in a 10(a) charge. No offense but if you don't know what that means please don't reply. The defendant has no record and is not otherwise disqualified. And yes they will put him in the house of correction for 18 months if he is convicted. When I first started this research I thought it was a shot in the dark but now I am feeling pretty serious about this.

As of now, I intend to argue that in 1976 the case of Jackson was heard that raised two issues. (1) That the one year mandatory sentence violated cruel and unusual punishment and (2) that criminalizing with a mandatory minimum the RTKBA violated due process. Of course at that time, same year in fact in Davis, the SJC restated that there was no individual RTKBA in Mass. Bruen gives me great arguments to support both these claims now.

Thoughts? This is not about restrictions or suitability really since he did not have a license. But the punishment for bearing arms without a permission slip should not be mandatory incarceration. I point out that exercising a religious ceremony or political speech, comparable rights, can not be criminally punished if you don't get a permit.
Click to expand...
I don't think McDonald had a permit either when he defended himself with a pistol in Chicago. Look how far that case went!!
 

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