Supreme Court - NYSRPA v. Bruen - Megathread

[nstassel]

I have been advised that there are around fifty similar cases in Lowell District Court and that all are being dismissed by the judge. I have also been told that the Commonwealth is appealing them all.

 

[EJFudd]

I have been advised that there are around fifty similar cases in Lowell District Court and that all are being dismissed by the judge. I have also been told that the Commonwealth is appealing them all.

Our rabid anti-2A leftist DimocRAT overlords cannot let this happen or next thing you know EVERYONE will want their Constitutional rights back.

 

[42!]

I have been advised that there are around fifty similar cases in Lowell District Court and that all are being dismissed by the judge. I have also been told that the Commonwealth is appealing them all.

I hope they do, there is no downside for the community, yes for the defendant there is. This will either set a precedent and I won't need a non-res LTC, or things will stay the way they are. This is definitely one to follow.

 

[Rob Boudrie]

Are the dismissals with or without prejudice?

 

[nstassel]

Are the dismissals with or without prejudice?

Dismissal with prejudice is a bit of a myth really. Except for jeopardy really any dismissal is without prejudice although if there if the defendant can show their defense has be impacted by the actions of the Commonwealth they can claim a due process violation.

 

[Happy feet]

“Around 50 similar cases” I need to get out more!!

 

[wcorey]

They’ve probably already judge shopped for the appeals and know the outcome…

 

[wcorey]

If this were to become precedent that non residents from constitutional carry states can have reciprocity here, then why would Ma residents who meet federal requirements be required to be licensed…

 

[pastera]

They’ve probably already judge shopped for the appeals and know the outcome…

Which is probably good because the arguments will have nothing to do with the standard set forth in Heller and Bruen, therefore ripe for federal appeal.

 

[42!]

If this were to become precedent that non residents from constitutional carry states can have reciprocity here, then why would Ma residents who meet federal requirements be required to be licensed…

I THINK this has something to do with "full faith" in that if some other states says you're OK then they havce to honor that. NH says everyone is by allowing conn carry. I suppose if your home state issues permits you'd have to have one. Sort of a forced reciprocity thing.

If you're a lawyer and I got it wrong, speak right up. I'm going out on a limb on this one.

 

[Uzi2]

If this were to become precedent that non residents from constitutional carry states can have reciprocity here, then why would Ma residents who meet federal requirements be required to be licensed…

$$$$$$$ POWER AND CONTROL.

If government is so confident that the common people armed with rifles and pistols pose no threat to government's superior firepower, then why such a big push everywhere at every turn to strip possession of those rifles and pistols from the hands of the people.
Everyone knows (or at least should by this point in the charade) that none of these gun laws are about "safety" or "crime", it's about control by government. An armed public cannot be controlled when the situation is boiled right down to the nitty gritty.
Even Yamamoto knew better.

 

[Picton]

They’ve probably already judge shopped for the appeals and know the outcome…

This:

Which is probably good because the arguments will have nothing to do with the standard set forth in Heller and Bruen, therefore ripe for federal appeal.

Bring it on. I prefer a straight fight to all this sneakin' around.

 

[wcorey]

I THINK this has something to do with "full faith" in that if some other states says you're OK then they havce to honor that. NH says everyone is by allowing conn carry. I suppose if your home state issues permits you'd have to have one. Sort of a forced reciprocity thing.

If you're a lawyer and I got it wrong, speak right up. I'm going out on a limb on this one.

Seems like a double standard if non residents don’t need to be licensed but residents do.
So how about if a Ma resident got a non resident license in Utah or whatever. Would they still need a ma license…

 

[wcorey]

It just seems too easy if the state’s only choice here is whether to set a state precedent or a federal one.

 

[Picton]

It just seems too easy if the state’s only choice here is whether to set a state precedent or a federal one.

Or let it go and have it apply only to that one case. But if this judge goes forward with fifty more, then the state's hand is forced.

Sometimes, "activist judges" do the right thing.

 

[pastera]

It just seems too easy if the state’s only choice here is whether to set a state precedent or a federal one.

They can just leave it as is and set no precedent
But if the judge really has 50 or so cases that he is dumping then the state can't ignore it.

This will reach the Supreme Court or Mass will be permitless carry by state court decree.

 

[Picton]

They can just leave it as is and set no precedent
But if the judge really has 50 or so cases that he is dumping then the state can't ignore it.

This will reach the Supreme Court or Mass will be permitless carry by state court decree.

Imagine, if it turns out the whole MA edifice comes crumbling down... over out-of-state licensure.

That'd be poetic justice, given how far outside the mainstream this state is from its neighbors.

 

[VetteGirlMA]

More goodness in legal briefs today from the 'educated overlords':

According to Mary Franks law professor at George Washing School of Law the second amendment doesn't actually exist:



Also according to the center for reproductive justice somehow the 5th circuit upholding the law is unconstitutional because it doesn't include pregnant people? Weird because for a second it sounds like they went totally pro life:

 

[safetyfirst2125]

More goodness in legal briefs today from the 'educated overlords':

According to Mary Franks law professor at George Washing School of Law the second amendment doesn't actually exist:



Also according to the center for reproductive justice somehow the 5th circuit upholding the law is unconstitutional because it doesn't include pregnant people? Weird because for a second it sounds like they went totally pro life:

So stupid. Any competent lawyer can point to SCOTUS rulings on 2A definitions AND for these retards who insist on rewriting history, hundreds of statements by the writers of the 2A themselves an what it meant, why they wrote it, who it was for and why it was right behind free speech in the list of Amendments.

Retards.

 

[71montess]

More goodness in legal briefs today from the 'educated overlords':

According to Mary Franks law professor at George Washing School of Law the second amendment doesn't actually exist:



Also according to the center for reproductive justice somehow the 5th circuit upholding the law is unconstitutional because it doesn't include pregnant people? Weird because for a second it sounds like they went totally pro life:

He meant birthing person!

 

[VetteGirlMA]

So stupid. Any competent lawyer can point to SCOTUS rulings on 2A definitions AND for these retards who insist on rewriting history, hundreds of statements by the writers of the 2A themselves an what it meant, why they wrote it, who it was for and why it was right behind free speech in the list of Amendments.

Retards.

The point is this......No matter what you or I say it's irrelevant. The left thinks the constitution has a 1st amendment and a 3rd amendment and there's nothing in between or if there is, 'the people' means the army or the police. They are never going to change. I don't know where this all leads but it's an endless fight unless scotus puts their foot down on the lower courts throats.

Nearly all of the briefs I have read from the left are this:

An appeal to emotion
A desperate desire to go back to pre civil war America

They fear more than anything else a peasant uprising because at the end of the day, these ivory tower elitists may think they know it all but they're not bulletproof and armed poor people striking back is something they fear more than anything.

 

[Chevy 2 65]

More goodness in legal briefs today from the 'educated overlords':

According to Mary Franks law professor at George Washing School of Law the second amendment doesn't actually exist:



Also according to the center for reproductive justice somehow the 5th circuit upholding the law is unconstitutional because it doesn't include pregnant people? Weird because for a second it sounds like they went totally pro life:

Mary is a retarded sock puppet.

 

[Mesatchornug]

More goodness in legal briefs today from the 'educated overlords':

According to Mary Franks law professor at George Washing School of Law the second amendment doesn't actually exist:



Also according to the center for reproductive justice somehow the 5th circuit upholding the law is unconstitutional because it doesn't include pregnant people? Weird because for a second it sounds like they went totally pro life:

Mary Anne Franks remains an embarrassment to any state or federal bar association that has admitted her entry.

Yes, you twit, the amendment establishes nothing. That's the POINT. It protects a pre-existing right from the government's misdeeds.

 

[Mesatchornug]

The point is this......No matter what you or I say it's irrelevant. The left thinks the constitution has a 1st amendment and a 3rd amendment and there's nothing in between or if there is, 'the people' means the army or the police. They are never going to change. I don't know where this all leads but it's an endless fight unless scotus puts their foot down on the lower courts throats.

Nearly all of the briefs I have read from the left are this:

An appeal to emotion
A desperate desire to go back to pre civil war America

They fear more than anything else a peasant uprising because at the end of the day, these ivory tower elitists may think they know it all but they're not bulletproof and armed poor people striking back is something they fear more than anything.

Franks will happily skip that pesky first as well (as will most with an R or a D after their name, but I repeat yourself)

 

[Mesatchornug]

Mary is a retarded sock puppet.

unfortunately, she's worse than that - she's a professor of law at a Tier 1 2 school. Her notoriously bad takes guide and inform upcoming generations of lawyers destined to become judges.

[Edit: correcting error]

 

[Dadstoys]

The point is this......No matter what you or I say it's irrelevant. The left thinks the constitution has a 1st amendment and a 3rd amendment and there's nothing in between or if there is, 'the people' means the army or the police. They are never going to change. I don't know where this all leads but it's an endless fight unless scotus puts their foot down on the lower courts throats.

Nearly all of the briefs I have read from the left are this:

An appeal to emotion
A desperate desire to go back to pre civil war America

They fear more than anything else a peasant uprising because at the end of the day, these ivory tower elitists may think they know it all but they're not bulletproof and armed poor people striking back is something they fear more than anything.

Well they never really get over having their slaves taken away.

 

[42!]

Seems like a double standard if non residents don’t need to be licensed but residents do.
So how about if a Ma resident got a non resident license in Utah or whatever. Would they still need a ma license…

You can get a NH non-res, easier than Utah

 

[Coyote33]

The point is this......No matter what you or I say it's irrelevant. The left thinks the constitution has a 1st amendment and a 3rd amendment and there's nothing in between or if there is, 'the people' means the army or the police. They are never going to change. I don't know where this all leads but it's an endless fight unless scotus puts their foot down on the lower courts throats.

Nearly all of the briefs I have read from the left are this:

An appeal to emotion
A desperate desire to go back to pre civil war America

They fear more than anything else a peasant uprising because at the end of the day, these ivory tower elitists may think they know it all but they're not bulletproof and armed poor people striking back is something they fear more than anything.

Fantastic writeup!

Mary Anne Franks remains an embarrassment to any state or federal bar association that has admitted her entry.
Yes, you twit, the amendment establishes nothing. That's the POINT. It protects a pre-existing right from the government's misdeeds.

Also well written.


These two sum up a lot of it in a nutshell!

 

[PappyM3]

Mary is a retarded sock puppet.

Looks like she’s never actually been a real lawyer. She went from law school straight to being a professor of law. Graduated Harvard Law and the only job she could get was teaching at the University of Miami.

Oh man, watch out everyone, we got a badass over here:

unfortunately, she's worse than that - she's a professor of law at a Tier 1 school. Her notoriously bad takes guide and inform upcoming generations of lawyers destined to become judges.

Thankfully I don’t think George Washington is a Tier 1 school. It’s a move up from her Miami days, but it’s ranked still only 35th. Bottom of Tier 2?

 

[Zappa]

View: https://youtu.be/uo_SUsRysIs?si=4vzGMWgAqwciH9qJ