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Comm2A files an Amicus in NRA backed suitability challenge at the SJC

Read your brief, bravo, good luck. It mentions people of common intelligence are needed to decide a statute's meaning or application, this is the heart,I think, of your brief. And in this state you will be hard pressed to find these people. Which is why we need these explicit laws we are fighting for.
 
Anyone notice a trend here?

Massachusetts Chiefs of Police A
Amicus
Amicus brief filed
Ben Clements, Esquire
Lila Slovak, Esquire

Stop Handgun Violence
Amicus
On brief of another party
Ben Clements, Esquire
Lila Slovak, Esquire

Educational Fund to Stop Gun Violence
Amicus
On brief of another party
Ben Clements, Esquire
Lila Slovak, Esquire

Jewish Alliance for Law & Social
Amicus
On brief of another party
Ben Clements, Esquire
Lila Slovak, Esquire
Click to expand...

So when you get solicited for a police org in MA, keep in mind that MCOPA is in bed with SHV, etc.
 
Tango680 said:
You guys are really amazing
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Actually, the amazing thing is the financial support from the NES community that makes this possible. We are treated very fairly by the attorneys we hire, but filing cases and Amicus briefs is still an expensive proposition.
 
Len-2A Training said:
Anyone notice a trend here?



So when you get solicited for a police org in MA, keep in mind that MCOPA is in bed with SHV, etc.
Click to expand...


http://www.clementspineault.com/

[FONT=Lucida Sans Unicode, Lucida Grande, sans-serif]Founded by two veteran trial and appellate lawyers who both have served as legal counsel to the Governor of Massachusetts, as federal prosecutors at the United States Attorney’s Office for the District of Massachusetts, and as litigators at premier Boston law firms, the firm is dedicated to helping clients achieve their objectives by providing the highest quality legal representation and advice in a personalized, efficient and cost-effective manner.
Click to expand...
[/FONT]


[FONT=Lucida Sans Unicode, Lucida Grande, sans-serif]How touching, government lawyers trying to take away our rights, by assisting politicians...[/FONT]

[FONT=Lucida Sans Unicode, Lucida Grande, sans-serif]Over/under on envelopes of cash exchanged at Del Frisco's a year at 13[/FONT]
 
This is outstanding! Just signed up for Diamond sponsorship. Simply cut your $5/day Starbucks habit and it's paid for.

Thanks guys and gals, and give 'em hell.
 
I just want to make sure everyone understands, we are an amicus, not the plaintiffs or paying for the case. This case has been around for years and the sjc took this case over ours last year. Our guy protested abortion clinics. This guy beat the crap out of his wife, allegedly as the wife has since recanted. We plan(ned) on taking a suitability case in early 2015. It is very likely the SJC was trying to screw us gun owners in this case. We hopefully just dropped a turd in that punch bowl with our amicus brief. See, the SJC was too busy buying the AGs bill shit hook line and sinker but the LTC is required for possession in the home. The SJC likely took this case to continue to screw with the premise that the right to arms exists outside the home and to shove suitability down our throats just a little harder. This may not be the greatest vehicle for that any longer... [grin]
 
If due process is sacrosanct in this country, there should no such thing as unsuitable for a dismissed charge. Thanks, and good luck with the other endeavours.
 
Squire said:
If due process is sacrosanct in this country, there should no such thing as unsuitable for a dismissed charge. Thanks, and good luck with the other endeavours.
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Well, we agree. Read our amicus and you will see. But we can tell you that these people at the SJC have already convicted him. This is the guy they want to claim we all are. ETA: Our Amicus is almost solely DP related. And we demand clear and convincing evidence for any decision too.

BTW, we had a good suitability case weeks from getting filed during the summer. You can blame deleo for that one. We will be prepping for early next year again but the decision in this case will be important.
 
terraformer said:
Well, we agree. Read our amicus and you will see. But we can tell you that these people at the SJC have already convicted him. This is the guy they want to claim we all are. ETA: Our Amicus is almost solely DP related. And we demand clear and convincing evidence for any decision too.

BTW, we had a good suitability case weeks from getting filed during the summer. You can blame deleo for that one. We will be prepping for early next year again but the decision in this case will be important.
Click to expand...

How does it get to SCOTUS?
 
Squire said:
How does it get to SCOTUS?
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Pray this case doesn't. This case is such a mess procedurally I doubt scoutus would take it.

If the SJC does what I think they want to do, we will have to go to scoutus to fix this bull shit. It is what it is. We are committed to fixing this one way or another.
 
terraformer said:
Pray this case doesn't. This case is such a mess procedurally I doubt scoutus would take it.

If the SJC does what I think they want to do, we will have to go to scoutus to fix this bull shit. It is what it is. We are committed to fixing this one way or another.
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Either way, the well-written amicus brief by Karen was very compelling for our side.
 
I believe that this is the most significant 2A case that's been before the SJC in almost 40 years - since Comm v. Davis. That is if the SJC actually makes a substantive ruling, which they may not.

Folks should take the time to read the MCOPA/Rosenthal/Dogs & Cats amicus. From a legal perspective it's little more than a press release. Although it's well written and easy to follow, it lacks even the semblance of basic legal logic. It's highlights:
  • Because Heller/ McDonald didn't address 2A outside the home, it doesn't exsit
  • MA laws don't infringe upon the 2A because they've been doing it for so long
  • Holden is a domestic abuser because he was accused of it once years ago
  • The licensing statute is narrowly tailored because it excludes 'unsuitable' persons (as defined by whom?)
  • it goes on....
 
That's an extremely well-written brief!

I believe there is a small mistake on page 24. The sentence

Nothing in Heller, supra limits the 2nd Amendment right to possessing handguns in the home.
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should say "to the home" instead of "in the home" because this is in the discussion whether 2A applies to carrying outside the home. I guess it's too late to fix.
 
I couldn't cut/paste from the brief but at the top of page 18 it talks about the license being a burden on a fundamental right. Comparing this to how touchy everyone seems to be with voter ID laws, if the court admits to it being a burden, could we use that to get the license fee waived? Or even argue that if it's too much of a burden for people to go get valid ID to vote, the same should hold true for 2A.
 
Whutmeworry said:
+1. Donation sent.
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This is awesome, but I'm going to beat the old dead horse of "sign up for monthly donations!" Comm2A can do a lot more with a steady donation stream that they can rely on. This is not directed solely at you, but more towards other people reading this thread who may be considering donating.
 
mlaboss said:
This is awesome, but I'm going to beat the old dead horse of "sign up for monthly donations!" Comm2A can do a lot more with a steady donation stream that they can rely on. This is not directed solely at you, but more towards other people reading this thread who may be considering donating.
Click to expand...

I agree 150%. Ever so often, I increase my monthly contribution by another $5/month.

- - - Updated - - -

xcom said:
This is my favorite argument. Kind of like: "Jim Crowe does not infringe upon the 15th Amendment because we have been discriminating against blacks for 150 years."
Click to expand...

Which is a good response to that argument and might even get a MA judge to think "Hmmm".
 

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