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Thank you Alex for all of your hard work.
This is so depressing. I have lost what little remaining faith I had in our legal system.
So basically, one day the AG could declare all loaded chamber indicators to be non-compliant with the requirements of 940 CMR 16.05(3), effectively shutting off all dealer sales of new handguns in this state, and there's not a damned thing we could do about it.
Alex, unless I missed the post, I don't think that anyone places any blame on you. The AG's actions are clearly a sample of a tyrannical, out of control, government agency backed up by the Court. None of this makes sense to rational people, which confirms that you (we) were never allowed to play on a level field. The fact that the Court didn't allow expert testimony speaks volumes about this charade.
The AG is nothing more than another useless political HACK, just like her predecessors!
So basically, one day the AG could declare all loaded chamber indicators to be non-compliant with the requirements of 940 CMR 16.05(3), effectively shutting off all dealer sales of new handguns in this state, and there's not a damned thing we could do about it.
Alex,
In case there was any question, we appreciate all the efforts you put into this case and we do not pin the failure of this case on you in any way shape or form. Its the courts that let us down and failed us.
There are still surprises.
How much does it cost to file a lawsuit against the AG? What if we got hundreds of us to serve her with lawsuits and overwhelm the system?
The record contains photographs of their loadindicators in both the "loaded" and "unloaded" positions, and thedifferences, far from being "plain," are discernable only to thecareful and discriminating eye.
Perhaps it is a sense of the weakness of their positionthat leads the dealers to argue, in effect, that fair noticerequires the Commonwealth to provide something approaching adesign specification: if the Commonwealth wishes to require loadindicators that "indicate plainly," the Commonwealth ought tosupply the industry with a graphic plan or blueprint. But if dueprocess demanded any such how-to guide, swaths of the United StatesCode, to say nothing of state statute books, would be vulnerable.See, e.g., 21 U.S.C. § 209 ("[T]he box, bottle, or other packageshall be plainly labeled with the name of the substance [and] theword 'Poison' . . . ."
These are judges. It's not supposed to matter. They are supposed to put that crap aside.
Anyhow, for all you Trump supporters or haters, realize that these were two BO appointed judges and former SCOTUS Justice David Souter (who is retired during BO's first term giving him an extra SCOTUS appointment, i.e.; a traitor to conservative causes). Elections matter. If Billary wins this election, it will be a generation or longer for the courts to come back around.
You only need to look at how the judge at the first level handled it to get an idea of the leanings of the court.I know that was long, but I completely reject the idea that the appeals court looked at static photographs to decide that they agree with the AG.
You only need to look at how the judge at the first level handled it to get an idea of the leanings of the court.
Before either side pleaded, the judge started with something pretty close to "I am inclined to accept all claims by the AG and none of the claims by the plaintiff, but I am prepared to hear testimony". Basically the equivalent of "we'll have a trial before the hanging".
How much does it cost to file a lawsuit against the AG? What if we got hundreds of us to serve her with lawsuits and overwhelm the system?
Scientologists did that to the IRS and got what they wanted.
Alex - Thank you for all of your efforts on this case, it is greatly appreciated and admired.
If that's on written record, I'd think it would be grounds for a mistrial.
is this in play? or can this at least be used in an appeal at a level higher? I find it hard to believe that with such a "plainly indicated" bias of this court that this is the end
I don't see how it could be. That happened at the district level. The case has already been appealed and we lost the appeal. I believe the only alternatives are to appeal en banc or to SCOTUS.
Was the statement of bias made during the appeal or in the original hearing?
I don't see how it could be. That happened at the district level. The case has already been appealed and we lost the appeal. I believe the only alternatives are to appeal en banc or to SCOTUS.
If it can't get any worse, then take it to the banc.
Is it worth spending that money on a case they will lose, or better to put that money to a different case?