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Do you have a link to a PDF without the spammy scribd stuff? It would only allow me to read a couple of pages without downloading an app or redeeming a promo code.
No direct impact, since we won a case (Fletcher v. Haas) covering the same issue in MA.Can someone post an executive summary and the possible impact here in MA?
Can someone post an executive summary and the possible impact here in MA?
Comm2A Website said:[h=4]Federal District Court[/h][h=4]Challenge to Alienage Prohibition - WIN!!!!![/h]Fletcher v. Haas was brought in federal court to challenge unconstitutional practice of restricting resident aliens fundamental individual right to keep and bear arms.
Under the current law, lawful alien residents of Massachusetts are prohibited from applying for the licenses required to purchase any firearm in the Commonwealth or even to possess most firearms, including all handguns and many rifles and shotguns. This suit seeks to bring parity for firearms rights to legal resident aliens of the US. A parity that legal aliens possess in virtually every other jurisdiction in the US.
I believe this is the full order:
http://docs.justia.com/cases/federal/district-courts/hawaii/hidce/1:2014cv00333/117486/37/0.pdf
It looks to me like the defendants were not putting up a fight and instead helped bring the case to a quick resolution. Does it also look that way to those of you who actually know something about these things?
Perfect, thanks!
To my untrained eye, two things were striking:
1. How quickly the case made it from refused permit application to summary judgment, just over two months.
2. The conferences with the court, where the parties agreed to modify language, etc.
It looks to me like the defendants were not putting up a fight and instead helped bring the case to a quick resolution. Does it also look that way to those of you who actually know something about these things?
Didn't quite work out that waysort of hope that if they could win it would slow us down.
This is how gun rights are going to be restored, not in one giant sweeping victory but in numerous small victories like this. As the victories and precedents pile up, it will be harder and harder for the antis to defend against the slew of lawsuits.
They filed for a preliminary injunction. That brings the case closer to the top of the queue. We could have done that in Fletcher, but were we rookies and elected to go a little slower. I haven't read the order, but from the docket it appears that Hawaii was not prepared to fight this. I'm still a little surprised that MA fought us so hard in Fletcher because even at that time the case law was pretty clear on the issue. I think politics drove the state's strategy in Fletcher along with a sort of hope that if they could win it would slow us down.
So now all green card holders can apply for a license but isn't it still up to the CLEO as to whether that person will get a license to posses or not? So yes, he can apply, but yes he can be denied as well. Am I wrong?
You are correct by law. In practice, permits to acquire in Hawaii are shall issue, only people with mental health disqualifiers or state or federal PP status get denied. There was a case brought a couple of years ago Fisher v Kealoha that is challenging some of the state disqualifiers.
Didn't quite work out that way