• If you enjoy the forum please consider supporting it by signing up for a NES Membership  The benefits pay for the membership many times over.

Assault Weapon's Ban lawsuit.

There's a thread on this.

(edited in correct link)
 
Last edited:
There's a thread on this.
different lawsuit

this was filed yesterday
 
I can't download the articles at work.

I'm all in favor, but does this group have standing? And if so, how?
 
Original case filed 09/07/22
22-cv-11431-FDS

Court just heard motion for preliminary injunction.
Based on the state's opposition to the injunction the state is going to lose the case badly.
But nothing in Mass is based on logic, skill or knowledge so this will need to hit SCOTUS.
 
I can't download the articles at work.

I'm all in favor, but does this group have standing? And if so, how?
Yes, they do. Previous challenges to the AWB failed on standing due to them challenging the enforcement notice. Since no one was prosecuted, the court argued there wasn’t any live controversy. That’s not the case with the actual AWB, which has most definitely been used to prosecute people owning the banned arms.
 
Original case filed 09/07/22
22-cv-11431-FDS

Court just heard motion for preliminary injunction.
Based on the state's opposition to the injunction the state is going to lose the case badly.
But nothing in Mass is based on logic, skill or knowledge so this will need to hit SCOTUS.
Hate to break it to you, but the state isn’t going to lose the case badly. The hearing for the preliminary injunction earlier this week went terribly. Plaintiffs’ lawyer sucked at communicating, did a terrible job of answering the judge’s questions and was openly hostile towards the judge (for good reason, as the judge was hostile to the 2A and even went so far as to call the 2A a suicide pact, but that’s never a wining strategy in court). Defendants’ lawyer was very articulate. Judge pretty much agreed with the defendants and rarely called them out on anything. NAGR v. Campbell is going to be a failure. We need SCOTUS intervention ASAP.
 
Hate to break it to you, but the state isn’t going to lose the case badly. The hearing for the preliminary injunction earlier this week went terribly. Plaintiffs’ lawyer sucked at communicating, did a terrible job of answering the judge’s questions and was openly hostile towards the judge (for good reason, as the judge was hostile to the 2A and even went so far as to call the 2A a suicide pact, but that’s never a wining strategy in court). Defendants’ lawyer was very articulate. Judge pretty much agreed with the defendants and rarely called them out on anything. NAGR v. Campbell is going to be a failure. We need SCOTUS intervention ASAP.
When this state gets its ass handed to it by SCOTUS it will be losing badly.

Did the judge REALLY call the 2A a suicide pact in court?
 
different lawsuit

this was filed yesterday
Sorry, you're right.

It's this one:

I knew we were discussing it elsewhere, but searched poorly on my phone. Mea culpa.

Edit - I just read their press release. I'm even less impressed than ever.
Our members are chomping at the bit to snuff out semi-auto bans nationwide, and taking a hatchet to the Romney gun ban will be a tremendous feather in our cap,” concluded Brown.
Dudley Brown is the President of the National Association for Gun Rights. He can't correctly spell one of the most overused clichés in the English language, in his own press release.

It's a good thing there are courts above our own. If they can't get our own @nstassel, maybe they'll at least get some help from a Gura or Larossiere before it's too late.
 
Last edited:
When this state gets its ass handed to it by SCOTUS it will be losing badly.

Did the judge REALLY call the 2A a suicide pact in court?
I didn’t listen to the hearing myself, just read other people’s comments on how it went over on Reddit. However, it seems that yes he indeed did say that. He basically made the state’s argument for them. Doesn’t think “in common use” is a thing, clearly hasn’t read up on Heller, McDonald, Caetano & Bruen, said semi-automatic weapons and automatic weapons are the same thing, etc.
 
Yes, they do. Previous challenges to the AWB failed on standing due to them challenging the enforcement notice. Since no one was prosecuted, the court argued there wasn’t any live controversy. That’s not the case with the actual AWB, which has most definitely been used to prosecute people owning the banned arms.

My question was about how easily a Colorado advocacy group can show harms based on a MA law.
 
I didn’t listen to the hearing myself, just read other people’s comments on how it went over on Reddit. However, it seems that yes he indeed did say that. He basically made the state’s argument for them. Doesn’t think “in common use” is a thing, clearly hasn’t read up on Heller, McDonald, Caetano & Bruen, said semi-automatic weapons and automatic weapons are the same thing, etc.
If this judge is really that ignorant he’s going to get his ass handed to him
 
My question was about how easily a Colorado advocacy group can show harms based on a MA law.
Same way any advocacy group shows harm? Having the right plaintiffs? How do you think FPC, GOA, NRA, etc. challenge anything? FPC is CA based and they’re currently challenging MA’s handgun rosters in Granata v. Campbell.
 
Same way any advocacy group shows harm? Having the right plaintiffs? How do you think FPC, GOA, NRA, etc. challenge anything? FPC is CA based and they’re currently challenging MA’s handgun rosters in Granata v. Campbell.

So they're just funding it?

I've always wondered about this kind of thing. Like, if this group finds a MA plaintiff, then why is it "NAGR v Healey" and not "Plaintiffname v Healey?"

No biggie. Carry on.
 
So they're just funding it?

I've always wondered about this kind of thing. Like, if this group finds a MA plaintiff, then why is it "NAGR v Healey" and not "Plaintiffname v Healey?"

No biggie. Carry on.
It’s just based on who the group decides gets top billing on the paperwork when the suit is filed. There is a named plaintiff in the lawsuit (Capen) who is a NAGR member but NAGR’s name comes first on all of the documents. Same with the Granata lawsuit but switched. FPC and Granata are both named plaintiffs, but Granata’s name is what comes first so it’s Granata v. Campbell instead of FPC v. Campbell. Same thing with NRA v. Bondi out of CA11. Both named, but NRA comes first.
 
So they're just funding it?

I've always wondered about this kind of thing. Like, if this group finds a MA plaintiff, then why is it "NAGR v Healey" and not "Plaintiffname v Healey?"

No biggie. Carry on.
Funding and providing some amount of legal representation. That is, the first attorney on the initial filing is Andrew Couture (MA), but there's also a Barry Arrington (CO) and Sebastien Torres (OH) who are appearing pro hoc [sic] vice and are probably members of the NAGR legal team. I'm curious who actually wrote their submissions and has been speaking at the hearings...
 
Hate to break it to you, but the state isn’t going to lose the case badly. The hearing for the preliminary injunction earlier this week went terribly. Plaintiffs’ lawyer sucked at communicating, did a terrible job of answering the judge’s questions and was openly hostile towards the judge (for good reason, as the judge was hostile to the 2A and even went so far as to call the 2A a suicide pact, but that’s never a wining strategy in court). Defendants’ lawyer was very articulate. Judge pretty much agreed with the defendants and rarely called them out on anything. NAGR v. Campbell is going to be a failure. We need SCOTUS intervention ASAP.
Did you read my entire post?
The state's response to the motion is replete with misquotes and ignores large parts of Bruen and Cataeno.

Yes, this will go to SCOTUS.
 
If this judge is really that ignorant he’s going to get his ass handed to him
I doubt it. CA1 is one of, if not the most anti-gun circuit in the country. I also doubt SCOTUS would take this case up when there are so many other AWB & mag ban cases across the country they can take instead. This case is going nowhere and nothing bad will happen to this judge for blatantly defying SCOTUS.
 
I doubt it. CA1 is one of, if not the most anti-gun circuit in the country. I also doubt SCOTUS would take this case up when there are so many other AWB & mag ban cases across the country they can take instead. This case is going nowhere and nothing bad will happen to this judge for blatantly defying SCOTUS.
Wrong
IMG_2060.jpeg
 
I doubt it. CA1 is one of, if not the most anti-gun circuit in the country. I also doubt SCOTUS would take this case up when there are so many other AWB & mag ban cases across the coin they can take instead. This case is going nowhere and nothing bad will happen to this judge for blatantly defying SCOTUS.
Nothing bad ever happens to shitty judges other than getting passed over for any higher positions.

SCOTUS will likely take the best argued case and remand the rest.
This case has little chance to be among the best argued
 
Nothing bad ever happens to shitty judges other than getting passed over for any higher positions.

SCOTUS will likely take the best argued case and remand the rest.
This case has little chance to be among the best argued
It’s obvious that nothing good will come out of the first circuit, but when we get federal relief with these things it should be interesting what the states and activist judges do.

Cuz they respect the hell out of Heller and Bruen……
 
Funding and providing some amount of legal representation. That is, the first attorney on the initial filing is Andrew Couture (MA), but there's also a Barry Arrington (CO) and Sebastien Torres (OH) who are appearing pro hoc [sic] vice and are probably members of the NAGR legal team. I'm curious who actually wrote their submissions and has been speaking at the hearings...
according to the reddit thread, it looks like Arrington was speaking.
 
I don’t believe a damn thing those REDDHEADS say!
Do You Yes GIF by Rachael Ray Show
 

According to Jim Wallace, the executive director of the Massachusetts-based Gun Owners Action League, while he said he agrees with the need to see Romney’s ban overturned, Brown may need to bring his case to the high court, as he doesn’t think NAGR will have much luck arguing for gun rights with a Bay State based judge.
“Your chances in the First Circuit are slim to none,” he said. “That is why we can’t rely on the courts here in Massachusetts to protect our rights when it comes to the Second Amendment.

Yeah, I get it, reality needs to intrude at some point in the game and the 1st Circuit is a dumpster fire WRT the 2nd Amendment. But when you're the head of the titular leading pro-gun group in the state, perhaps you should refrain from making self-defeating comments to the press.
 
According to Jim Wallace, the executive director of the Massachusetts-based Gun Owners Action League, while he said he agrees with the need to see Romney’s ban overturned, Brown may need to bring his case to the high court, as he doesn’t think NAGR will have much luck arguing for gun rights with a Bay State based judge.
“Your chances in the First Circuit are slim to none,” he said. “That is why we can’t rely on the courts here in Massachusetts to protect our rights when it comes to the Second Amendment.

Yeah, I get it, reality needs to intrude at some point in the game and the 1st Circuit is a dumpster fire WRT the 2nd Amendment. But when you're the head of the titular leading pro-gun group in the state, perhaps you should refrain from making self-defeating comments to the press.
To be fair, GOAL works via legislation, not litigation. Him saying these things doesn’t really matter as far as GOAL goes since it doesn’t affect what they do. It does do some damage to Comm2A though, why would people want to donate to them if they know any lawsuits brought forth are most likely going to lose?
 
Back
Top Bottom