Comm2A wins in MA state court against the FLRB

[IPSC_DRL]

"there but for the grace of the FSM go I"

Just remember Chief Wiggim's classic line

You Pastafarians crack me up!

 

[AHM]

I usually stop when I get home, hopefully not sooner.

 

[Coyote33]

(according to the MA court that established there was no implied .08 cutoff for CUI)

Is this "case law"? What case? Any chance of reversing that?

 

[Rob Boudrie]

Is this "case law"? What case? Any chance of reversing that?

I'll look for the site, could not find it quickly.

Get a court to go soft on alcohol and guns at the same time in MA

 

[paul73]

OUI is not a minor offense. It is very serious. if You ever lose a loved one to a drunk driver you would understand. These drunk people need be stopped before they harm any one. I agree if a person is a drunk they are unsuitable. want to own a gun? dont consume alcohol and drive

It sounds logical. I think then you should logically conclude those people should not be allowed to vote and do grocery shopping as well. War to drunks, let em starve. Right?

 

[Rob Boudrie]

It sounds logical. I think then you should logically conclude those people should not be allowed to vote and do grocery shopping as well. War to drunks, let em starve. Right?

It would do more to enhance public safety to do a lifetime driving license ban (not that I am advocating it), since far more OUI convicts go on to subsequent offenses than do something dangerous with a gun when intoxicated. But, that would be messing with a right(*) that nearly everyone can empathize with.

(*) - Yeah, I know the state tries to gaslight us into believing it is a "privilege", but there would be near riots if they started treating it that way, as in "you have a reputation as a bad driver; you were arrested for OUI but found not guity; etc. and are thus unsuitable".

 

[Len-2A Training]

It would do more to enhance public safety to do a lifetime driving license ban (not that I am advocating it), since far more OUI convicts go on to subsequent offenses than do something dangerous with a gun when intoxicated. But, that would be messing with a right(*) that nearly everyone can empathize with.

(*) - Yeah, I know the state tries to gaslight us into believing it is a "privilege", but there would be near riots if they started treating it that way, as in "you have a reputation as a bad driver; you were arrested for OUI but found not guity; etc. and are thus unsuitable".

It wouldn't matter, they would continue to drive without a license.

My police academy motor vehicle law instructor was a high ranking RMV LEO (back when they had their own police force) and told us that most people who were ordered to surrender their DL (suspension/revocation) drove themselves to the RMV, handed over their DL and got back in their cars and drove home/elsewhere.

 

[Knuckle Dragger]

The hits just keep on coming. Chalk another win up for Jason in DCJIS v. DuPont et. al.

This is an easy and worthwhile read that neatly wraps up the issue. Getting the FLRB to start doing their job again and getting state licenses back to folks who have had their rights restored (read the decision) is a huge step forward.

Look for an update when/if the state decides to appeal this or the Capono decision.

 

[67ray]

The hits just keep on coming. Chalk another win up for Jason in DCJIS v. DuPont et. al.

This is an easy and worthwhile read that neatly wraps up the issue. Getting the FLRB to start doing their job again and getting state licenses back to folks who have had their rights restored (read the decision) is a huge step forward.

Look for an update when/if the state decides to appeal this or the Capono decision.

View: https://youtu.be/vRp7tYWnJJs?t=28

 

[baran]

In

 

[Knuckle Dragger]

The Firearms Licensing Review Board is back in business!!! (thanks to Jason Guida)​

This was one of the best investments that Comm2A has ever made. Now that FLRB relief is back on the table, it's time to go after the feds.

 

[Roof gunner]

If you actually believe that, you should be pushing for anyone who's ever driven drunk losing their right to drive forever.

Equating drunk driving with "too dangerous to own a gun" is just absurd.

It will be a different story when he f***s up

 

[Rob Boudrie]

When I hear "How can you possibly live with yourself owing an AR15 when kids are being killed with them?" I respond with "First of all, I do not own 'a' AR15, and secondly, how can you live with yourself owning a car with all the OUI related deaths?".

 

[Roof gunner]

When I hear "How can you possibly live with yourself owing an AR15 when kids are being killed with them?" I respond with "First of all, I do not own 'a' AR15, and secondly, how can you live with yourself owning a car with all the OUI related deaths?".

Perfect

 

[nstassel]

Today the Woburn District Court ordered restoration of a Wilmington resident's FID card that was not renewed on the basis of the DCJIS and ATF letters , calling following the letters arbitrary and capricious and an abuse of discretion.

 

[AHM]

Today the Woburn District Court ordered restoration of a Wilmington resident's FID card that was not renewed on the basis of the DCJIS and ATF letters , calling following the letters arbitrary and capricious and an abuse of discretion.

Has that court been known to say such things previously?

Or did your arguments thoughtfully supply the wording of the ruling?

Or did the court get a shiver up and down its spine,
as if SCOTUS was walking over the future grave
of complex, oppressive gun control schemes?

But by all means curb your enthusiasm
if it could get back to the court and cause you grief.
I'm not trying to troll you into bragging in public
that you played the judge like a piano.

Thanks in advance for whatever consideration you can spare.

 

[Rob Boudrie]

Or did your arguments thoughtfully supply the wording of the ruling?

Arbitrary, Capricious and Abuse of Discretion comes from the old Chief of Police of Shelburne vs. Moyer case.

 

[nstassel]

Has that court been known to say such things previously?

Or did your arguments thoughtfully supply the wording of the ruling?

Or did the court get a shiver up and down its spine,
as if SCOTUS was walking over the future grave
of complex, oppressive gun control schemes?

But by all means curb your enthusiasm
if it could get back to the court and cause you grief.
I'm not trying to troll you into bragging in public
that you played the judge like a piano.

Thanks in advance for whatever consideration you can spare.

As Rob points out this is the established standard that I just cite to the Court. But this case is just another example of the great trend in restoration of rights for these misdemeanor cases.

 

[AHM]

As Rob points out this is the established standard that I just cite to the Court. But this case is just another example of the great trend in restoration of rights for these misdemeanor cases.

Thankew; I love me some Inside Baseball...

And thanks for all you do.

 

[Rob Boudrie]

As Rob points out this is the established standard that I just cite to the Court. But this case is just another example of the great trend in restoration of rights for these misdemeanor cases.

The new standard is danger to self or others, however, one of the MA courts has already ruled that such a standard does not preclude using other subjective reasons for denial.

 

[nstassel]

The new standard is danger to self or others, however, one of the MA courts has already ruled that such a standard does not preclude using other subjective reasons for denial.

I'd say the standard controlling discretion is a risk to public safety. The standard for overturning a chief is arbitrary, capricious or abuse of discretion.

 

[Matt2109]

Thanks to COMM2A and all those involved!

 

[Coyote33]

Comm2A will not rest until this issue has been litigated to completion.

This issue is not making the misdafelony go away, but having the feds recognize FLRB relief.

Today the Woburn District Court ordered restoration of a Wilmington resident's FID card that was not renewed on the basis of the DCJIS and ATF letters , calling following the letters arbitrary and capricious and an abuse of discretion.

Based on this, would you say this "has been litigated to completion" then?

 

[Roof gunner]

I don’t know ? Will the feds recognize the restoration of my rights ? Can I legally buy a gun in a gun shop without fear of reprisal or a visit from the feds looking to take back my newly purchased gun ?

 

[Rob Boudrie]

Based on this, would you say this "has been litigated to completion" then?

Absolutely not, as a determination by a MA district court will not cause the ATF to stop denying NICs clearances based of FLRB relieved offenses.

It is merely a good sign, and places no constraints on the feds.