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Comm2A Files Against Northborough (again) - Morin v. Lyver

Here's this legal fiction that just keep popping up (permit to purchase):

"In order to purchase a firearm, someone with a firearm identification card must also obtain a “permit to purchase” under Mass. Gen. Laws ch. 140, § 131A. See id. §§ 129C, 131E(b). And the eligibility criteria for obtaining a permit to purchase match the eligibility criteria for obtaining a license to carry under Mass. Gen. Laws ch. 140, § 131. See id. § 131A (“A licensing authority under [§ 131], upon the application of a person qualified to be granted a license thereunder by such authority, may grant to such a person … a permit to purchase.”)."

How can lawyers like this get away with lying in court especially to a judge?
You are misusing a term of art. "Bogus argument" or "Misstatement of the law" would be more accurate.

"Legal fiction" is a term used to describe something that is untrue but deemend to be considered as true, and treated as such, by the court. An example is an expunged record of conviction or arrest. Because it is expunged, "Legal fiction" allows the answer to the question "Have you ever been arrested or convicted" to be considered the truth by the court, even though it is actually untrue - hence "Legal fiction".
 
You are misusing a term of art. "Bogus argument" or "Misstatement of the law" would be more accurate.

"Legal fiction" is a term used to describe something that is untrue but deemend to be considered as true, and treated as such, by the court. An example is an expunged record of conviction or arrest. Because it is expunged, "Legal fiction" allows the answer to the question "Have you ever been arrested or convicted" to be considered the truth by the court, even though it is actually untrue - hence "Legal fiction".

Okay I'll take bogus argument, but does anyone call them out for this? It doesn't exist in the real world.
 
Just because they request it does not necessarily mean they GET it, does it? Hasn't this gone on long enough?
The state said the opposition agreed, I'd have told them to ef themselves, I'm not getting any younger. Stating to the court the unreasonable lengths the government is going for a non-violent upstanding citizen. F U Maura !
 
You are misusing a term of art. "Bogus argument" or "Misstatement of the law" would be more accurate.

"Legal fiction" is a term used to describe something that is untrue but deemend to be considered as true, and treated as such, by the court. An example is an expunged record of conviction or arrest. Because it is expunged, "Legal fiction" allows the answer to the question "Have you ever been arrested or convicted" to be considered the truth by the court, even though it is actually untrue - hence "Legal fiction".
I have some legal fiction that plagues me to this day.
 
It's been over a month.

Is there supposed to be a judge's response to this brief?

Here is something from that:
"As described, the petitioner asks this Court to decide “whether a state can impose a lifetime ban on purchasing handguns (but not possessing them) against anyone who has been convicted of a nonviolent misdemeanor that involved the possession or use of guns.” Pet. i. The petitioner does not allege any conflict among the federal courts of appeals or between state courts of last resort over this question."

II. Bruen Does Not Alter the Conclusion That the Petition Should Be Denied. For all the reasons previously discussed, this case should not be granted, vacated, and remanded in light of this Court’s decision in Bruen. The sole basis for the First Circuit’s affirmance was the petitioner’s failure to offer any argument on whether the restrictions on his ability to obtain firearms comported with this Second Amendment. See supra, at 14-15. And the petitioner has not asked this Court to review the First Circuit’s application of the appellate waiver doctrine. ... Nor does the petitioner contend that the First Circuit’s appellate waiver analysis would be affected by the applicable methodology for analyzing Second Amendment claims. And, unlike other matters in which this Court granted the petition, vacated the judgment, and remanded in light of Bruen, the petitioner does not maintain here that the outcome of his appeal would have been different under the “methodology centered on constitutional text and history” clarified in Bruen. ..."

That's a whole lot of jibber-jabber. Wasn't there a law requiring them to use plain English some years ago?

Anyhow, is this case still open, or is it pretty much done now?
 
It's been over a month.

Is there supposed to be a judge's response to this brief?

Here is something from that:
"As described, the petitioner asks this Court to decide “whether a state can impose a lifetime ban on purchasing handguns (but not possessing them) against anyone who has been convicted of a nonviolent misdemeanor that involved the possession or use of guns.” Pet. i. The petitioner does not allege any conflict among the federal courts of appeals or between state courts of last resort over this question."

II. Bruen Does Not Alter the Conclusion That the Petition Should Be Denied. For all the reasons previously discussed, this case should not be granted, vacated, and remanded in light of this Court’s decision in Bruen. The sole basis for the First Circuit’s affirmance was the petitioner’s failure to offer any argument on whether the restrictions on his ability to obtain firearms comported with this Second Amendment. See supra, at 14-15. And the petitioner has not asked this Court to review the First Circuit’s application of the appellate waiver doctrine. ... Nor does the petitioner contend that the First Circuit’s appellate waiver analysis would be affected by the applicable methodology for analyzing Second Amendment claims. And, unlike other matters in which this Court granted the petition, vacated the judgment, and remanded in light of Bruen, the petitioner does not maintain here that the outcome of his appeal would have been different under the “methodology centered on constitutional text and history” clarified in Bruen. ..."

That's a whole lot of jibber-jabber. Wasn't there a law requiring them to use plain English some years ago?

Anyhow, is this case still open, or is it pretty much done now?
I guess it goes to conference

 
It's been over a month.

Is there supposed to be a judge's response to this brief?

Here is something from that:
"As described, the petitioner asks this Court to decide “whether a state can impose a lifetime ban on purchasing handguns (but not possessing them) against anyone who has been convicted of a nonviolent misdemeanor that involved the possession or use of guns.” Pet. i. The petitioner does not allege any conflict among the federal courts of appeals or between state courts of last resort over this question."

II. Bruen Does Not Alter the Conclusion That the Petition Should Be Denied. For all the reasons previously discussed, this case should not be granted, vacated, and remanded in light of this Court’s decision in Bruen. The sole basis for the First Circuit’s affirmance was the petitioner’s failure to offer any argument on whether the restrictions on his ability to obtain firearms comported with this Second Amendment. See supra, at 14-15. And the petitioner has not asked this Court to review the First Circuit’s application of the appellate waiver doctrine. ... Nor does the petitioner contend that the First Circuit’s appellate waiver analysis would be affected by the applicable methodology for analyzing Second Amendment claims. And, unlike other matters in which this Court granted the petition, vacated the judgment, and remanded in light of Bruen, the petitioner does not maintain here that the outcome of his appeal would have been different under the “methodology centered on constitutional text and history” clarified in Bruen. ..."

That's a whole lot of jibber-jabber. Wasn't there a law requiring them to use plain English some years ago?

Anyhow, is this case still open, or is it pretty much done now?

SCOTUS granted, vacated and remanded this case this morning. It now goes back to the first circuit to reconsider in light of NYSRPA vs bruen. Will the 1st keep it or remand it back to the district court to delay it more?




View: https://twitter.com/2Aupdates/status/1576937542968315904?s=20&t=bmBNK0mHcjgyh0oNY7BOMQ
 
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How many years has that been in litigation, 5+?! And with one fail swoop, Dr Morin may get his rights back

I think around 5 years. Young vs Hawaii, a carry case out of Hawaii is almost over (they’re close to agreeing on a settlement) and that’s been going on for 10 or 11 years. George young is a heck of a guy, wouldn’t stop and now he’s within weeks of victory.
 
The Supreme Court of the United States has issued a Grant, Vacate, Remand order in the case of Morin v. Lyver which challenges the lifetime prohibition on handgun possession within the Commonwealth of Massachusetts based on any conviction stemming from a violation of any firearms law. The "GVR" process is where the Supreme Court grants Certiorari - the agreement of the court to review a case. The Supreme Court also Vacates the ruling of the lower court, - setting aside the ruling of the lower court. The final part of the GVR is where the Supreme Court remands the case back to the lower court for further consideration. In short, the Supreme Court uses the GVR process to direct the lower courts to reconsider their rulings, either because the logic or case law they used to support the ruling was flawed, or, as is the case here, there have been other rulings which changed the legal landscape since the lower court originally ruled. Given that the New York State Rifle & Pistol Association, Inc. v. Bruen decision required that restrictions of Second Amendment protected activities are Constitutional only if the text of the Constitution as written, or a history or tradition of such restrictions at or near the time of the adoption of the Bill of Rights part of the legal landscape. The First Circuit previously used another standard which balanced the history of the restriction against the interest and justification of the government for imposing the restrictions. Following Bruen, the Supreme Court declared that this was one step too many.

The case has been returned to the First Circuit for reconsideration based on the findings of Bruen.
 
Should/Could Ed Peruta re-file his case in CA?

Peruta sued the San Diego sheriff (the one who issues licenses in CA is the sheriff). I think SD has been issuing licenses and following NYSRPA vs bruen. If the SD sheriff issued one to peruta,,he has no grounds to sue. There are some counties, mainly deep blue ones, who have been dragging their feet. The CA gun groups have sent those sheriffs letters telling them to follow NYSRPA and issue licenses or face a lawsuit. I think they’ll file in a month or so if the sheriffs continue the BS. It’s obviously less expensive and faster for them to follow the law so that’s definitely preferred. Some in NY, NJ and Hawaii are dragging their feet too. They’ll get sued as well.
 
How many years has that been in litigation, 5+?! And with one fail swoop, Dr Morin may get his rights back

Morin isn’t over, it’s just back at the 1st circuit and they could sit on it for months or years if they want. They could also send it back to the district court and prolong it even more. 3 of the 4 GVRs from SCOTUS in early July were remanded by the circuit courts back to the district court where they started. Only the AWB case in the 4th, bianchi vs Frosh is still at the circuit court of appeals level.

The Massachusetts handgun roster case in at the 1st circuit court of appeals and Massachusetts is asking for it to stay there, the pro 2A side is asking for remand to the district court. I believe that’s the only case in the country where the govt didn’t want remand to the district court and the firearms group did.
 
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SCOTUS granted, vacated and remanded this case this morning. It now goes back to the first circuit to reconsider in light of NYSRPA vs bruen. Will the 1st keep it or remand it back to the district court to delay it more?




View: https://twitter.com/2Aupdates/status/1576937542968315904?s=20&t=bmBNK0mHcjgyh0oNY7BOMQ


Hah expecting any left wing circuit court to do the right thing when it comes to guns is laughable. They'll kick it to the district court, do it over again, delay, delay delay, hopefully the person involved dies of old age and the case becomes moot. Problem solved. Then in 10 years we get another bite at the apple and that will take 10 more years to 'figure out'.
 
Moron isn’t over, it’s just back at the 1st circuit and they could sit on it for months or years if they want. They could also send it back to the district court and prolong it even more. 3 of the 4 GVRs from SCOTUS in early July were remanded by the circuit courts back to the district court where they started. Only the AWB case in the 4th, bianchi vs Frosh is still at the circuit court of appeals level.

The Massachusetts handgun roster case in at the 1st circuit court of appeals and Massachusetts is asking for it to stay there, the pro 2A side is asking for remand to the district court. I believe that’s the only case in the country where the govt didn’t want remand to the district court and the firearms group did.

Is there any remedy when a court simply sits on a decision for years without doing anything? There must be some kind of help in those instances.
 
Hah expecting any left wing circuit court to do the right thing when it comes to guns is laughable. They'll kick it to the district court, do it over again, delay, delay delay, hopefully the person involved dies of old age and the case becomes moot. Problem solved. Then in 10 years we get another bite at the apple and that will take 10 more years to 'figure out'.

A biden judge and Obama judge issued separate injunctions against AWBs in Colorado last month.
 
Hah expecting any left wing circuit court to do the right thing when it comes to guns is laughable. They'll kick it to the district court, do it over again, delay, delay delay, hopefully the person involved dies of old age and the case becomes moot. Problem solved. Then in 10 years we get another bite at the apple and that will take 10 more years to 'figure out'.
No, they will kick it back to district who will then opine that "as applied" to Morin, because of his credentials, education and incorrect attempt to follow the DC law, it is unconstitutional for him in the exact circumstance of his conviction an no further.

To do anything more opens up an avenue for others to tear down their ivory towers of tyranny.
 
The case has been returned to the First Circuit for reconsideration based on the findings of Bruen.
Moron isn’t over, it’s just back at the 1st circuit and they could sit on it for months or years if they want.
Is there any remedy when a court simply sits on a decision for years without doing anything? There must be some kind of help in those instances.
So we won't get this resolved this week, then?

Why can't they speed these things up?

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Looks more like "yes" to me. What changed since this happened Monday?

The reload is a pro 2A site, Stephen gutowski’s site a long time gun writer. He has a small operation so some of his articles may be a few days after a ruling. His articles are much more researched than crap newspapers and the AP put out.
 
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