nstassel
NES Member
Believe me I'm very familiar with Simkin, and here took the wrong position in that case. I'm talking about his record since then.
-
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.
Comm2A, SAF, GOAL and FPC file against Baker admin on shop closures
- Thread starter Comm2A
- Start date
- Joined
- Apr 24, 2005
- Messages
- 47,530
- Likes
- 33,560
The constitution only means what you can get a judge to agree it means, hence the "void where prohibited by law" comment I made earlier.
Our founding fathers had serious doubts if they would win (and live) too.
We all benefited from their courage to face the odds.
Donations made, thanks for fighting the good fight!
TayNinh_66
NES Member
States can't completely violate the constitution, but they can certainly make their own laws. It is then up to a liberal judge to decide what the constitution is.
State can't confiscate or commandeer a gun shop, but they can certainly shut it down for a limited time with emergency powers. As long as the closure is temporary a court is unlikely to support a claim of taking. Interfering with civil rights??? Seems a little specious to me.
50wt
NES Member
Tried comm2a site earlier today, but when I typed in the CC number, it kept adding a zero to the numbers I was typing in.
Hardwired
NES Member
Just like the damn Best Buy stores here!
My reaction to Faker closing shops!
BAAYKAAAHH!!!!
PL-52
NES Member
- Joined
- Jan 22, 2016
- Messages
- 5,410
- Likes
- 7,144
I hope my meager contributions help. You can't say that we lost all our rights and do nothing to fight the loss, if we don't at least try with any and all available tools in our aresenal.
Here is a question for our resident lawyers .
Say you had to defend Baker's position.
What would you say to the judge to prove your move wasn't purely political when you have gone out of your way to exclude them from any of the small business relief ?
Which is a very short list.
Say you had to defend Baker's position.
What would you say to the judge to prove your move wasn't purely political when you have gone out of your way to exclude them from any of the small business relief ?
Which is a very short list.
Can they at least get a cease and desist order? A stay? An injunction? Are those all the same?
Massachusetts needs some legal relief. If only there were someone at the state they could go to in order to address injustices in the marketplace.
Massachusetts needs some legal relief. If only there were someone at the state they could go to in order to address injustices in the marketplace.
This is a theory some believe but I have yet to hear of proof of it....
Just signed up for recurring monthly donations again - I let it drop off my radar when I got a new credit card, shame on me.
Politicians are allowed to be political. The question is whether they have violated the Constitution, which is a purely legal question. The answer there is pretty black and white, although I'm sure whatever judge they pull from the District of MA will find ample shades of gray.
I don't think anyone is claiming it actually is happening. However, they've used MIRCS info to nail dealers for being naughty in the past (e.g. transferring off-roster guns a la Tite Group Sporting) so it's not much of a stretch to assume they'd do the same in this case.
Asaltweapon
NES Member
If you can find an open court house.
Yup. If Texas' effort to ban abortions is any indication, Massachusetts will rely on Jacobson v. Massachusetts - SCOTUS 1905 to justify any restrictions they're placing on businesses. The Comm2A case pulled Judge Woodlock . That's very, very good. He doesn't suffer fools lightly and will likely give us fair consideration. The other case was filed in the Central Division so they got Hillman. I think Hillman will be much more inclined to defer to the state.
I agree. The fights over abortion and Second Amendment rights are carried out in very similar ways. It's a conversation for another day, but gun control activists and politicians are mirroring much of what anti-abortion activists and politicians have been doing for years.
That's not really a fair or accurate assessment. Jason was not in a policy making role while at the FRB. Our state and federal governments are filled with career bureaucrats who at any given time may or may not agree with the particular policies or programs they carry out. I'll also point out that while Jason was an attorney while at the FRB, he wasn't functioning as an attorney. FRB and DCJIS have designation legal counsels. Jason wasn't one of them.fortunately I don’t live in Massachusetts, but if I did I’d be skepticl of any group that hired Jason Guida because of this
FIREARMS RECORDS BUREAU vs. SIMKIN, 466 Mass. 168
masscases.com
when guida ran the firearms record bureau he ran it with an anti gun bias.
but I wish my brothers in arms in Massachusetts the very best of luck. I trust GOA to do the right thing so I just sent them a donation.
I will say this however. Since going into private practice Jason has probably been one of the most effective, if not the most effective lawyer working on gun rights. He knows the system and has great connections. He's been absolutly invaluable to us here at Comm2A. Personally, I think he's a decent guy and I've enjoyed getting to know him.
Most everything is being done electronically now. Just file it electronically, and get a verbal or electronic approval.
Random observation - we really need some Trump appointees in the District of MA. I count 6 Obama appointees, 2 Clinton, and one each for Reagan and each of the Bushes. Judges with Senior status are split between Reagan and Clinton.
The First Circus is similarly atrocious. 3 Obama, and one each of Clinton/Reagan/H.W. Bush. The Senior judges are more evenly split.
The First Circus is similarly atrocious. 3 Obama, and one each of Clinton/Reagan/H.W. Bush. The Senior judges are more evenly split.
Individualist
NES Member
- Joined
- Jan 24, 2009
- Messages
- 4,663
- Likes
- 4,366
Unless I missed it is there a plan to include the denial to apply for a license - i.e., denial of a Right?
I mean, we know any scary firearms sold in MA is getting a call from the AG's office because they're looking directly at the MIRCS portal, there's no way they've just decided to stop looking.
- Joined
- Apr 24, 2005
- Messages
- 47,530
- Likes
- 33,560
No comment on specific plans, but a case needs to concentrate on a single pointed issue. The more issues you try to fold into a single case, the more hooks you are giving an anti gun judge to hand an adverse judgement on.
Last edited:
Yeah. So presumably there will be a case coming on ranges as well as LTCs once the appropriate plaintiffs are lined up. The LTC one might be tougher because of the directly competing interests of public safety (potentially infecting police). It made sense to pursue the gun shop one first, especially because it's the least justifiable (you can sell guns by appt, with social distancing, etc).
You couldn't show a more naked case of bias and discrimination.
It may not be the first time it's happened , but it's the first time I have ever heard of a governor just picking businesses out of thin air and denying them disaster relief based on politics.
I sure as hell hope the Trump adimistration gets word of it and soon.
They may need to have federal oversight on the funding .
Apparently MA. is not capable of doing it honestly.
Chucky has an R after his name on the ballot .
So, nobody knows how this can happen even though the President declared them "essential"? Is one ruling (governor's) stronger than the other (president's)?
ya, well....
For all their accomplishments filling court vacancies, the Trump administration (and McConnell) have effectively written off the First Circuit and the Massachusetts District. Both are small in terms of the number of judges. Two of the ten seat in the Massachusetts District are vacant dating from 2015 (Woodlock) and 2018 (O'Toole). No replacements have even been nominated. But five senior judges are active.
CA1 has six judges - no vacancies and three active senior judges. Plus Justice Souter sits by designation. Three of the non-senior judges are eligible to take active status, but haven't. In fact two of them are WAY past the point where they could free their slots up.
Bottom line: The administration is making their mark everywhere else and letting MA and CA1 become the new legal outliers.
- Joined
- May 17, 2008
- Messages
- 16,975
- Likes
- 2,820
It doesn't sound as slick but the 9th Circus is now the 1st Circus.
