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Comm2A Challenges Prohibition Based on Non-Violent Misdemeanor Convictions

Discussion in 'Comm2a' started by Comm2A, Mar 26, 2015.

  1. Comm2A

    Comm2A Director Comm2a Dealer

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    Morin v. Leahy.

    Yesterday we filed a suit challenging the state's prohibition on anyone convicted of any weapon or ammunition related offense that carries the possibility of incarceration.

    In this case the plaintiff plead guilty to two misdemeanors counts punishable by no more than 180 days. He received a suspended sentence, probation and community service. Other than one minor mistake that put no one at risk, he has no criminal record. Like many other similarly situated individuals, he is not in any way dangerous and cannot in no way be considered a public safety risk. Yet, in Massachusetts, he is a prohibited person.
     
    3 people like this.
  2. KMM696

    KMM696 NES Member

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    Sounds like a poster child of a plaintiff, too - well done!
     
  3. 71montess

    71montess NES Member

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    God speed to a just end ! We need more Dr Morins !
     
  4. Palladin

    Palladin NES Member

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    Excellent
     
  5. lancecolonel

    lancecolonel NES Member

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    His case sounds a little like the nurse in NYC. At least her home state wasn't full retard anti like here. Good luck.
     
  6. Knuckle Dragger

    Knuckle Dragger NES Member

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    This is a really important issue and one that's not limited to Massachusetts. There have been several of these 'misdefelony' cases filed around the country by Alan Gura - Schrader, Binderup and others.

    There's no reason that people who are clearly not dangerous should be separated from a fundamental right.
     
    2 people like this.
  7. PennyPincher

    PennyPincher Member

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    Good job guys. Thanks for keeping up the fight!
     
  8. fishgutzy

    fishgutzy NES Member

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    I know a guy who was denied a purchase permit because someone with the same name, in a state he never lived in, was accused of a felony but never prosecuted or convicted. The thing is he has a common name. Irony alert. His previous state had no problem granting a conceal carry permit. He is moving back to his former state next month where the have constitutional carry. open or concealed. But a permit allows i one to carry concealed in more places.
     
  9. terraformer

    terraformer NES Member

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    Attention all Northborough residents. Not one, but three private attorneys have came in on behalf of the town. Remember what happened with Natick where the lawyers racked up a big bill on BS defenses to liability the town didn't have? Well, the Morin case is a challenge to a statutory bar, similar to Wesson v Woods. If the town files a MTD, they will be not only costing the town money for their time, but they will end up paying our lawyers more when we win. Just saying...
     
  10. Bonesinium

    Bonesinium Member

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    Do you mean private attorneys are trying to profit off of taxpayers because they know they will get paid regardless I what they actually do?
     
  11. Rob Boudrie

    Rob Boudrie NES Member

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    The problem is that when towns get sued, the instinct is to tell town counsel to "handle it". Nobody ever has the conversation "should we defend this case" or "do we really want to spend $14,000 to try to prevent someone who smoked the heathen devil weed decades ago from owning a gun?". Attorneys go into autopilot and start ringing up billables.

    Natick could have filed no response or, if they wanted to look competent, simply filed a response "We are precluded by state law from issuing an LTC to this individual, but offer no defenses to the arguments raised". Probably would have cost about $1000 in legal fees, maybe $2000, but not much more.
     
    Last edited: Apr 17, 2015
  12. terraformer

    terraformer NES Member

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    That's what Hingham did in Richmond. It took Jeff less than a day to respond to the MTD in that case. It was weak, but ticked off the boxes. Let's see what this law firm does in this case.
     
  13. Len-2A Training

    Len-2A Training Instructor Dealer

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    I know of a town where the chief got sued and the selectmen (who authorize payment of legal bills) were never even told about the lawsuit!
     
  14. Knuckle Dragger

    Knuckle Dragger NES Member

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    1 person likes this.
  15. 71montess

    71montess NES Member

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    Good luck.
     
  16. Garys

    Garys NES Member

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    Page 5, Preliminary Statement starts out,

    Am I reading that incorrectly, or shouldn't it say Plaintiff?
     
  17. JGreen

    JGreen NES Member

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    Hoping for the correct outcome.
     
  18. Knuckle Dragger

    Knuckle Dragger NES Member

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  19. NewGuyRay

    NewGuyRay NES Member

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    I do enjoy reading through these arguments, actually for curiosity and to witness the lunacy first-hand.

    What struck me as particularly was this portion:

    I took a few minutes to skim through the appellate decision in "Barton" and the decision not only does not appear to support the Commonwealth's position, it appears to support the Comm 2A position. The decision goes so far as to support the notion that convicted felons who can present evidence that they pose no greater threat to public safety than the law abiding, should not be subject to lifetime dispossession under the statute.

    Barton's as applied challenge was denied because he made no attempt to present any such evidence.
     
  20. Knuckle Dragger

    Knuckle Dragger NES Member

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    Yesterday there were two new filings: http://www.comm2a.org/55-projects/226-morin
    1) Defendant's Leahy's Opposition to Plaintiff's MSJ & Cross-Motion for Summary Judgement
    2) Plaintiff's Opposition to Intervenor-Defendant Commonwealth's Motion for Summary Judgement

    Enjoy
     
  21. Knuckle Dragger

    Knuckle Dragger NES Member

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    Today we filed a reply to Northborough's Opposition to Plaintiff's MSJ & Cross-Motion for Summary Judgement
     
  22. Knuckle Dragger

    Knuckle Dragger NES Member

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    Oral arguments are today. Think happy thought!
     
  23. SERE

    SERE NES Member

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    After thirteen months thinking wickedly happy thoughts. GO get 'em!
     
  24. W.E.C

    W.E.C NES Member

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    Sent in a few shekels for the cause.
     
  25. dennism

    dennism NES Member

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    Good luck.
     
  26. dennism

    dennism NES Member

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    How did the arguments go?
     
  27. Knuckle Dragger

    Knuckle Dragger NES Member

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    The ruled against Mr. Morin. Options are being evaluated.

    Order

     
  28. modernhamlet

    modernhamlet Member

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    Sorry to hear... :(
     
  29. terraformer

    terraformer NES Member

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    The ruling was based on an absurd interpretation of the FID law. One way or another, this BS about FIDs needs to be dealt with if the AGs office will continue to cite bad case law dicta but not have the balls to come out and say it because they know that what they are citing is bad law.
     
  30. Chevy 2 65

    Chevy 2 65 NES Member

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    Tell me another right that is denied based on a misdemeanor. BS
     

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