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Appeal brief filed Worman v. Healy (GOAL lawsuit)

ThePreBanMan said:
Too many pages of legal mombo jumbo... Give me the reader's digest version in a paragraph or less.
Click to expand...

The Heller, McDonald, and Caetano decisions of SCOTUS combine to form a legal precedent which completely eliminates any question that laws like the MA AWB are unconstitutional under any standard of scrutiny, and so the MA AWB should be struck down.
 
ThePreBanMan said:
Too many pages of legal mombo jumbo... Give me the reader's digest version in a paragraph or less.
Click to expand...
Reader's Digest version, roughly -

Heller said the 2nd applies to firearms in "common use." McDonald and Caetano apply it to the states and all "bearable arms." Previously, MA has refused to respect this with respect to Modern Sporting Rifles (MSRs) because Kolbe v. Hagan says the 2nd doesn't apply to "weapons that are most useful in military service." [Editorial sigh.] The Plaintiffs (Good Guys) are challenging the MA Assault Weapon and Magazine Bans (AWB), and the 7/20/2016 Notice of Enforcement (the Letter) for the reasons that follow:
  • The Letter, combined with the AWB, effectively ban almost all semi-autos
  • But wait! MSRs and standard cap magazines, are in "common use" in the US
  • They are so common precisely because they have lots of legitimate (i.e. lawful) uses
  • In many cases, the banned firearms, particularly MSRs, are easier to use safely and reliably than handguns and shotguns
  • MSRs are definitionally not "military" because they don't have full-auto functionality
 
Mesatchornug said:
Reader's Digest version, roughly -

Heller said the 2nd applies to firearms in "common use." McDonald and Caetano apply it to the states and all "bearable arms." Previously, MA has refused to respect this with respect to Modern Sporting Rifles (MSRs) because Kolbe v. Hagan says the 2nd doesn't apply to "weapons that are most useful in military service." [Editorial sigh.] The Plaintiffs (Good Guys) are challenging the MA Assault Weapon and Magazine Bans (AWB), and the 7/20/2016 Notice of Enforcement (the Letter) for the reasons that follow:
  • The Letter, combined with the AWB, effectively ban almost all semi-autos
  • But wait! MSRs and standard cap magazines, are in "common use" in the US
  • They are so common precisely because they have lots of legitimate (i.e. lawful) uses
  • In many cases, the banned firearms, particularly MSRs, are easier to use safely and reliably than handguns and shotguns
  • MSRs are definitionally not "military" because they don't have full-auto functionality
Click to expand...
Excellent recap and translation from legal jargon to lay person speak. Thank you kindly.
 
Nicely written and logically laid out arguments. It will only make the 1st circuit's "because gun" ruling on the appeal stand out even more egregiously. It is, however, a necessary step towards SCOTUS, where I hope this issue finally gets put to bed once and for all.
 
mlaboss said:
The Heller, McDonald, and Caetano decisions of SCOTUS combine to form a legal precedent which completely eliminates any question that laws like the MA AWB are unconstitutional under any standard of scrutiny, and so the MA AWB should be struck down.
Click to expand...
praying-man.jpg
 
Dadstoys said:
Wouldn't it be ironic if Maura's little shitshow was the spark that burned all this crap down.
Click to expand...

This has been my hypothesis from the beginning. She over reached and continues to do so. It is a matter of time before the MA house of cards tumbles. It will not matter if she still exists or not-the regs will be in the dust bin.
 
Unfortunately, these appeals are usually reacted to by the court with a "WTF, a gun case? Didn't they get the message the first time?".
 
Now I wish we had a law that made you really gone if you violate someone's civil rights. More than 2.5 years in prison. No more public employment. No pension/benefits. It would be great to see her outside Costco with a sign that reads "Homeless because of my 7/20 order."

Could probably get anything passed if it has the title "An act protecting LGBTQ civil rights."
 
Waher said:
Even nicer that they provided a Amici Curaie to the case on behalf of our side to the 1st Circuit.

So MA's horseshit is now getting national attention and assistance from Pro2A legal eagles like David B. Kopel, CATO, SAF, and others.
Click to expand...
In a lot of ways we're the 'last man standing' on several of these issues....
 
Last edited:
Waher said:
Even nicer that they provided a Amici Curaie to the case on behalf of our side to the 1st Circuit.

So MA's horseshit is now getting national attention and assistance from Pro2A legal eagles like David B. Kopel, CATO, SAF, and others.
Click to expand...

Hallelujah! It's about freaking time we got some relief.
 

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