Decision is in, Motion for Summary Judgement Denied
http://comm2a.com/index.php?option=...ht-to-carry-discretionary-licensing&Itemid=38
http://comm2a.com/index.php?option=...ht-to-carry-discretionary-licensing&Itemid=38
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Whose summary judgment motion was denied?
Excuse my public school education but,
what does this mean, I'm only trained on stuff they asked me on the MCAS
- Second Amendment claim not ripe because plaintiff has no Second Amendment right to carry a firearm on her person outside the home.
- Public Safety/Substantial Interest
- 2A Two-Step (the right does not exist so we can apply rational basis dressed up as something else to dispose of the claim)
- In the Home
- Concealed Weapons are categorically allowed to be banned under Heller
- If the Supreme Court means to protect public carry, they will need to do it themselves because I won't have any role in extending this right.
Blah, blah, blah.
Give the judge credit for writing what she would have done had the Second Amendment been ripe in her eyes. This is good fodder for appeal. She could have just ignored it all and put off most of the two-step for another day.
Why? This case was decided by the US District Court for the District of Massachusetts.open carry protest time outside the state supreme court.
open carry protest time outside the state supreme court.
I'd be in if I could figure out how to mount my S&W into my holster while being unloaded and secured in a locked case. Probably need a trigger guard on it too.
we didn't get much out of it, but this was to be expected.
We got more out of it then meets the eye actually.
The implication that discretion for restricted LTC-A is probably unconstitutional is one positive. .
I'm generally not in favor of judicial activism even if it favors a position I happen to heavily support.The other thing I think is probably useful for us is that the decision went into 2A analysis even though the 2A claims were dismissed as unripe. This may save some steps when the whole line of reasoning gets smacked down by a higher court.
COOL!!!The case was docketed today. The first circuit docket number is 11-2281.
Wow.
Is it possible that the court could rule very broadly on this? Suitability, high capacity, etc and strike down a lot of the Mass BS in one fell swoop?
Wow.
Is it possible that the court could rule very broadly on this? Suitability, high capacity, etc and strike down a lot of the Mass BS in one fell swoop?
No. Just carry and possibly suitability as a whole, or some part of it. Suitability is a multi-headed hydra.
At some point doesn't this also deal with the whole "you need an LTC to buy a handgun" thing as well, or is that something incidental, but not discussed?
-Mike
low capacity firearms