86 MG Ban Challenged in Tx Fed Court: Jay Aubrey Isaac Hollis v AG Holder and ATF

[Boris]

A typical case takes 4+ years to get to SCOTUS and even then SCOTUS can decide to not hear the case. This case was just filed in District court so it has a long ways to go.

not unless they need to fast track it with some $$$ help. It's amazing how shit gets approved when big dollas at stake. Like Disney's IP rights or cigarette tax, that shit lubed with $$$ is like teflon.

most people have to realize that they are worthless peasants and there is nothing .gov is going to do to benefit them. Justice isn't blind and peasants are second class citizens. This due process is bullshit, a farce of justice for the blind and naive.

 

[knfmn]

If it was a matter of blindly throwing money at it to get the case in front of SCOTUS, I'm pretty sure that lots of folks would dig out their checkbooks and "dig deep, deep until it hurts, brothers and sisters." Since the system is fairly corrupt already, it's too bad we can't be honest about the exchange of fiat currency for services.

 

[DarthRevan]

A typical case takes 4+ years to get to SCOTUS and even then SCOTUS can decide to not hear the case. This case was just filed in District court so it has a long ways to go.

So a few more years of boobs?
Let the photos continue!

 

[Rob Boudrie]

not unless they need to fast track it with some $$$ help. It's amazing how shit gets approved when big dollas at stake. Like Disney's IP rights or cigarette tax, that shit lubed with $$$ is like teflon.

Here is MA, the SJC occasionally takes cases sua sponte. This is when the SJC reaches down to a lower court, bypasses any higher courts, and takes the case directly. The theory is that they do this when a case raises an issue they feel should be directly addresses by the highest state court, but in practice, it generally means the fix is in - and the SJC is not going to take a chance on a lower court ruling "incorrectly".

 

[the_shootist]

So a few more years of boobs?
Let the photos continue!

I know a LOT about boobs

 

[terraformer]

This case is already turning into a shit-show. They are also filling sur-sur-replies. ie; a files motion, b files response, A files reply and that's typically where it stops, then the usr-reply by B, then the sur-sur-reply by A, etc...

MOTION to Compel Defendants to Participate in Rule 26(f) Conference filed by Jay Aubrey Isaac Hollis with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Emails, # 2 Proposed Order) (Stamboulieh, Stephen)

 

[DarthRevan]

This case is already turning into a shit-show. They are also filling sur-sur-replies. ie; a files motion, b files response, A files reply and that's typically where it stops, then the usr-reply by B, then the sur-sur-reply by A, etc...

Trying to bog it down?
I'm simple but from what I can understand by that, they're making it a paperwork nightmare?

 

[MrJones79]

If the law were changed a select fire AR shouldn't be materially more $$ than a semi auto. Doesn't cost any more to make.

They would certainly be more expensive at first. The manufacturers will take full advantage of the instant surge in demand, and who could blame them? It is a business and they want profits. They wouldn't cost the absurd prices they do today, but don't think they will be just an extra $100 for select fire.

At any rate, this is wishful thinking. Bet the lawsuit goes nowhere.

 

[oppressed]

I know there is no crystal ball, but is this case in good hands at all, or is this going to go the way of Holden and just work against us to produce more bad case law?

Sad how the logic of the Holden case was solid, but the person doomed it.

 

[CTpatriot]

i think that common sense would be that MGs would be in common use if new ones were priced fairly. 99% of you guys would buy some. maybe a survey should be taken.

 

[terraformer]

I know there is no crystal ball, but is this case in good hands at all, or is this going to go the way of Holden and just work against us to produce more bad case law?

Sad how the logic of the Holden case was solid, but the person doomed it.

No, this above case is not in good hands. And Holdens lawyer's "logic" was not sound at all. While we may all want the suitability to be gone, don't think that Holden's lawyer did a good job illustrating that.

- - - Updated - - -

i think that common sense would be that MGs would be in common use if new ones were priced fairly. 99% of you guys would buy some. maybe a survey should be taken.

That's the capriciousness of Heller's splitting that hair. Because the guns were "available" until 1986 didn't mean that the $200 tax was not onerous. On a AR-15/M-16 when it came out in 1975, the $200 tax doubled the cost of the gun and added 6-12 months to the acquisition time over the AR.

 

[oppressed]

Sorry, I really meant that comm2a's brief was solid. Watching the proceedings in court was truly painful. I was surprised at how rushed the testimony was.

It would be cool to be able to obtain a new fully automatic rifle at a reasonable price or a FA glock selector switch. Coming up with the money to feed it would be my biggest issue.

Keep up the good work despite the setbacks comm2a, it is appreciated.

 

[KBCraig]

The $200 tax was effectively a ban in 1934. That was a year's wages for a common laborer. By 1986, $200 (not to mention the cost of ammo, and the lack of today's practical shooting competitions) still kept most people out of the game. Owning automatics was considered the purview of the really hard-core, rich hobbyists, and collectors who didn't even shoot their guns.

If you want to be really outraged, look at this:

$200 in 1934 was $1,036 in 1986, but $3,488 in 2015.
$200 in 1986 dollars is now $426 in 2015.

If you ever wondered why you make three times as much as your parents, but live half as well, you can thank price inflation through monetary devaluation.

 

[Rob Boudrie]

If you ever wondered why you make three times as much as your parents, but live half as well, you can thank price inflation through monetary devaluation.

We live better than previous generations. Remember the line from Back to the Future - "don't be ridiculous, nobody has more than one TV".

Or, consider the quality and amenities of cars - when I was a kid 100K miles was ancient for a car, and A/C was only in high end luxury cars.

And dentistry and medicine... much better than when we were kids. When I was a kid many families were "one car families".

Consider the assortment of guns available in the 70s - and the complete lack of premium quality 1911s and ARs. Also, consider that MANY states where shall issue is now the norm either didn't have a carry permit system (TX) or had it for the privileged few (WA, MN).

As to devaluation - wages in general have pretty much kept pace. I remember my folks talking to neighbors when I was a kid because someone heard a rumor a family on the street made over $10K in a single year, and everyone wondered why such a wealthy person would live in our neighborhood.

 

[snd1t]

Looks like things are getting interesting folks

The 1986 MG Ban is being challenged in Tx Fed Court

Case appears to be Jay Aubrey Isaac Hollis v AG Holder and ATF filed 2/27/15 and is being heard by Judge Barbara M.G. Lynn who recently ruled that the interstate handgun ban was unconstitutional.......

Case builds primarily on Miller and common arms used by military as being protected.....does not challenge tax stamp nonsense.

http://www.examiner.com/article/court-filing-argues-post-1986-machine-gun-ban-defies-constitution

3/12/15 update

http://www.examiner.com/article/atf-and-doj-punt-on-response-machine-gun-case

“I was a bit disappointed reading the sur-sur-reply,” attorney for the plaintiff Stephen Stamboulieh told Gun Rights Examiner. “Apparently the government thinks its case is very strong, even in light of a longer standing portion of the Gun Control Act being struck down a few weeks ago.
“Additionally, the government continues to ignore evidence that is included in the Appendix to Hollis' Response (App.069) in that the government has in fact allowed post 1986 machineguns to be transferred and possessed by non-governmental entities, ‘

Here's the filing

http://media.wix.com/ugd/c601ae_12e43e7bdee749519ca107c6ac44a95d.pdf

 

[DarthRevan]

I hope the judge leans our way on this.

 

[KBCraig]

We live better than previous generations. Remember the line from Back to the Future - "don't be ridiculous, nobody has more than one TV".

We have more stuff. But at what price?

And dentistry and medicine... much better than when we were kids.

I don't think so. Medical technology is better now, but when I was a kid, nobody ever went bankrupt over medical bills, even if they didn't have insurance.

When I was a kid many families were "one car families".

Two parent families with only one working outside the home, schools and stores were within walking distance... who needed another car?

That's enough side-tracking of the thread, but my point is: we all work more, and spend much much more, with less leisure time.

 

[terraformer]

And here you go, the fix is in.

ELECTRONIC ORDER DENYING 33 Motion to Compel Rule 26(f) Conference. The Court hereby STAYS entry of a Rule 16(b) Scheduling Order and Rule 26(f) Conference until the Court rules on the pending Motion to Dismiss and Motion for Summary Judgment [Docket Entry #13]. (Ordered by Judge Barbara M.G. Lynn on 3/16/2015) (chmb)

You can bet the MTD will be granted.

 

[Boris]

And here you go, the fix is in.



You can bet the MTD will be granted.

這是什麼意思？

 

[not new guy]

Barbara M.G. Lynn

Interesting middle initials, but she's a Clinton appointee at the end of the day.

 

[June4th]

這是什麼意思？

Motion to dismiss? BTW, thanks for not asking in Russian!

 

[snd1t]

Interesting middle initials, but she's a Clinton appointee at the end of the day.

She's the same judge that recently ruled that the interstate handgun ban was unconstitutional.......

All from a clinton appointee.....

 

[Boris]

She's the same judge that recently ruled that the interstate handgun ban was unconstitutional.......

All from a clinton appointee.....

Makes sense that it doesn't make any sense.

 

[knfmn]

She's the same judge that recently ruled that the interstate handgun ban was unconstitutional.......

All from a clinton appointee.....

Based on some of her decisions, I think that NES should start a fundraiser to send her flowers and chocolates every single day!

 

[bigblue]

Based on some of her decisions, I think that NES should start a fundraiser to send her flowers and chocolates every single day!

In

 

[rivet_42]

She's the same judge that recently ruled that the interstate handgun ban was unconstitutional.......

All from a clinton appointee.....

One of the things about that "lack of judicial accountability" people complain about, is that after they're appointed, judges often rule the way they think is right, politics be damned. So you can get some very liberal opinions from judges appointed by Republicans, and very conservative opinions from judges appointed by Democrats. I would wager that it works in our favor about as often as it works against us.

 

[Noreaster]

I'm confused, why do we want this dismissed?
PS: Post #79 makes any hope of focusing on the case impossible.

 

[drgrant]

She's the same judge that recently ruled that the interstate handgun ban was unconstitutional.......

All from a clinton appointee.....

Strangely enough, once in a blue moon, some of the judges at the lower fed courts appear to actually be appointed on merit and not necessarily on political alignment.

-Mike

 

[Buggin]

Dammit Boris, I got shit to do today.

LOL. I think I lost 20 minutes judging by the pool of drool.

 

[snd1t]

Strangely enough, once in a blue moon, some of the judges at the lower fed courts appear to actually be appointed on merit and not necessarily on political alignment.

-Mike

Yep

It really too bad that it happens so infrequently that we're surprised when they get it right

Should be the other way around......they should get it right almost all the time and we should be surprised when they dont