Comm2A files against the AG on LCIs, Draper v Coakley

[rivet_42]

I presume one of the plaintiffs should be listed as "Precision Point Firearms" rather then what is listed on the PDF which says "Precision Point Armory"?

I'm reminded of Lechmere Rug Co. on Msgr. O'Brien Highway in Cambridge, which for a long time had a sign in their window, "No Longer Confused With Lechmere Sales."

(Lechmere Sales was the venerable appliance and electronics retailer that went out of business in the '90s.)

 

[Knuckle Dragger]

Comm2A filed our Appellants' brief on October 30.

 

[71montess]

Comm2A filed our Appellants' brief on October 30.

I'd have to say after reading that brief, for only a high school education, I can clearly see the previous judge was pretty lazy in her research and du diligence. What was she sleeping behind the bench most of the trial ?

 

[Bonesinium]

Comm2A filed our Appellants' brief on October 30.

I like this cite:

The ordinance is unconstitutional, not because a policeman appliedthis discretion wisely or poorly in a particular case, but rather becausethe policeman enjoys too much discretion in every case. And if everyapplication of the ordinance represents an exercise of unlimiteddiscretion, then the ordinance is invalid in all its applications.

And he is spot on. Far to many statutes, rules, regulations, etc, could fall into this category. They also tend to be the ones that get applied a lot, because it is easy.

Excellent brief. Before I had even got to one of the points, I also said to myself, there is no way they don't touch on the "it is not compliant because I said it is not compliant". And I wasn't wrong. No beating around the bush either.

When reading things like the defenses motion to dismiss and the courts ruling on it, and then the brief to those things, it seems clear to me. The government has little interest in applying law in certain situations, and every intention on forcing an agenda specifically despite law.

 

[Rob Boudrie]

I'd have to say after reading that brief, for only a high school education, I can clearly see the previous judge was pretty lazy in her research and du diligence. What was she sleeping behind the bench most of the trial ?

I think it was more a results driven decision. The hearing basically started with "I am inclined to accept all claims by the AG and none by the plaintiff but will hear arguments before deciding against the plaintiff" (or something pretty close to that).

 

[Bonesinium]

I think it was more a results driven decision. The hearing basically started with "I am inclined to accept all claims by the AG and none by the plaintiff but will hear arguments before deciding against the plaintiff" (or something pretty close to that).

Undoubtedly. The law be damned, the decision was made before the suit had even been read, if it was in fact read at all. This is the judicial system we have today. No basis in law, just ruling on their own personal accords or how someone else wants them to. Corrupt.

 

[MachineHead]

The brief is a stellar application of so much facts to combat the AG's baseless mandates and Lower court decision.

I hope the 1C is interested enough on really hearing the facts and ruling in favor of the plaintiffs.

These cases aren't enough on their own, but the fact that different localities are being taken to court is what is helping to change things in the PRM.

 

[Avastan]

Comm2A filed our Appellants' brief on October 30.

Thank you. Donations incoming, keep rocking it Comm2a!

 

[Coyote33]

Comm2A filed our Appellants' brief on October 30.

So, a month and a half have passed, going on two months soon. Any news yet? Maybe they would like to wrap this up before New Year's. It would make a nice Christmas present!

 

[Hoover]

So, a month and a half have passed, going on two months soon. Any news yet? Maybe they would like to wrap this up before New Year's. It would make a nice Christmas present!

I asked KD in a PM a few weeks ago and his best guess was it's a ways off. You never know with courts but he didn't expect it soon

 

[Knuckle Dragger]

NES is a wonderful forum (as well as a 'safe' place for Second Amendment proponents). But, it is not the official resource for all things Comm2A. Check the website: http://comm2a.org/index.php/55-projects/205-draper

 

[jasons]

So, a month and a half have passed, going on two months soon. Any news yet? Maybe they would like to wrap this up before New Year's. It would make a nice Christmas present!

A month and a half is nothing. The courts are not fast. Check back in 6 months.

 

[terraformer]

A month and a half is nothing. The courts are not fast. Check back in 6 months.

Yeah, this is more like it.

 

[Knuckle Dragger]

A month and a half is nothing. The courts are not fast. Check back in 6 months.

Or check the website.

 

[bigblue]

Or check the website.

Or bitch about it for six months on NES until someone else checks the website.

 

[Coyote33]

A month and a half is nothing. The courts are not fast. Check back in 6 months.

Wow. What's their problem/hangup?

Or check the website.

Hint?

Or bitch about it for six months on NES until someone else checks the website.

Here you go, quit yer whining:

01/22/2016 -- Appellee's Brief Due
TBD -- Appellant's Reply Due (estimated)

 

[drgrant]

Wow. What's their problem/hangup?

It's the court system. Courts are slow. That isn't going to change anytime soon.

-Mike

 

[jasons]

Wow. What's their problem/hangup?

Government.

 

[Coyote33]

It's the court system. Courts are slow. That isn't going to change anytime soon.

"But I repeat myself".

 

[Bob P]

Wow. What's their problem/hangup?




Hint?



Here you go, quit yer whining:

Dude, you have 18,470 posts. Go green for God's sake.

 

[Knuckle Dragger]

Okay, that website narrative is out of date, but the updates are current - 01/22/2016 -- Appellee's Brief Due. The AG has until this date to file her reply to or brief. We will get an opportunity to reply and then it's on to a hearing.

ETA: The leader board is as current as it gets for all our active cases: http://comm2a.org/index.php/8-home/230-leader-board

 

[M125X]

Keep up the good work everyone. Definitely donating to Comm2A! Will be interesting to see how everything plays out.

 

[Coyote33]

Okay, that website narrative is out of date, but the updates are current - 01/22/2016 -- Appellee's Brief Due. The AG has until this date to file her reply to or brief. We will get an opportunity to reply and then it's on to a hearing.

ETA: The leader board is as current as it gets for all our active cases: http://comm2a.org/index.php/8-home/230-leader-board

Thanks. Hey, it would be "handy" to say the name of the city or town (or state) in a column, as some of these are known by their location. Just a thought. Thanks, and keep up the good work.

 

[Knuckle Dragger]

The Attorney General filed her brief today.

 

[warwickben]

Cliff notes for us simple people

 

[terraformer]

Cliff notes for us simple people

Blah blah, we win, the 2A sucks, the law works this way because guns are bad, m'kay, blah blah.

 

[warwickben]

Blah blah, we win, the 2A sucks, the law works this way because guns are bad, m'kay, blah blah.

Figured as much .

 

[rcwhat]

What I got out of it was. It's not vague because I say so. Even if the court doesn't agree, it should because of the children. It also doesn't infringe on the 2A because I said so, and if the court doesn't agree, it should, because the children.

 

[cfbackrow]

"The dealer plaintiffs complain that the AGO’s letters did not explain why aGlock pistol’s extractor does not qualify as a load indicator. Appellants’ Br. at 46,50. But as explained above, the answer is self-evident." its funny..when they don't have a rational answer they just gloss over it...love it...how much did our taxpayers dollars did this cost?

can't wait to read your reply brief

 

[Glockster30]

Only in MA under the arcane AG regulations can a pre-1998 Glock without a LCI be legal for sale by a dealer, but a post-1998 Glock with a LCI be illegal to sell by a dealer. Do these .gov fools understand how stupid they really are?