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Appeal brief filed Worman v. Healy (GOAL lawsuit)

Discussion in 'General Discussion' started by Mike S, Aug 24, 2018.

  1. Mike S

    Mike S NES Member

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    GOAL brief filed for Worman v. Healey.

    This is a good read, enjoy.
     

    Attached Files:


  2. ThePreBanMan

    ThePreBanMan NES Member

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    Too many pages of legal mombo jumbo... Give me the reader's digest version in a paragraph or less.
     
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  3. SERE

    SERE NES Life Member NES Member

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    Great Plaintiffs. [thumbsup]
     
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  4. mlaboss

    mlaboss NES Member

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    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.
     
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  5. Mesatchornug

    Mesatchornug

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    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
     
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  6. Horrible

    Horrible NES Member

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    Excellent recap and translation from legal jargon to lay person speak. Thank you kindly.
     
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  7. Friday

    Friday NES Member

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    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.
     
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  8. Chevy 2 65

    Chevy 2 65 NES Member

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    [​IMG]
     
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  9. Dadstoys

    Dadstoys NES Member

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    Wouldn't it be ironic if Maura's little shitshow was the spark that burned all this crap down.
     
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  10. ThePreBanMan

    ThePreBanMan NES Member

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    Oh man, I hope.... I hope... Thanks for the reader's digest summary guys. Much appreciate the time and effort...
     
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  11. sigfanboy13

    sigfanboy13

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    I know I said this earlier, but IF we win. The first NES group-buy should be the biggest lower group buy of all time. I'll take 4
     
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  12. W.E.C

    W.E.C NES Member

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    And if it applied to all 13 states with bans/restrictions.
     
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  13. W.E.C

    W.E.C NES Member

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    And a truckload of magpulls ,and 15 round beretta 92 mags.
     
  14. Silversnake

    Silversnake

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    Sounds like it's time for some GOAL donations. Fuel the fight. Will have to dig out the checkbook this weekend.
     
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  15. Netwatcher

    Netwatcher NES Member

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    That would be a fitting finish to her political career.

    Especially if this happens before the November elections
     
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  16. Friday

    Friday NES Member

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    *Nothing* will top the MichaelJR forged upper/lower group buy. (yes I endured that shitshow).

    /sarcasm
     
  17. tbk5

    tbk5

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    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.
     
  18. Jason Flare

    Jason Flare NES Member

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    She was supposed to be in Washington by now.
     
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  19. Rob Boudrie

    Rob Boudrie NES Member

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    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?".
     
  20. JohnZ

    JohnZ

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    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."
     
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  21. ASHDUMP

    ASHDUMP NES Member

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    Just signed up for a family membership to goal.... Keep up the good work.
     
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  22. mikeyp

    mikeyp NES Member

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    Probably why she's doing this shit, stomping her feet like a baby

    [​IMG]
     
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  23. CAR

    CAR NES Member

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  24. Waher

    Waher NES Member

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    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.
     
  25. Knuckle Dragger

    Knuckle Dragger NES Member

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    In a lot of ways we're the 'last man standing' on several of these issues....
     
    Last edited: Dec 21, 2018
    Mass-diver and Horrible like this.
  26. amm5061

    amm5061 NES Member

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

    Waher NES Member

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  28. MattNiel

    MattNiel

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    Any update on this?
     
  29. M60

    M60 NES Member

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    Yeah. Damn that Hillary.
     
  30. 426wedge

    426wedge NES Member

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    Mora is still AG
     

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