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Discussion in 'Rhode Island Laws' started by Neverknowsbest, Mar 24, 2012.
First post March 24th 2012. !!!!!
The wheels of justice turn slowly.
Tell me this lawyer isn't dropping the ball.....again!
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If you wait long enough, the Chief will retire...give it a few more years.
can't believe what I am reading here, any update OP?
I'm still alive. Newest update is both parties filed for summary judgement. We will see if the judge judges or if it goes to a hearing.
Sweep the leg!
Do you have a date when the Court will make a decision?
Not at all.
Ah, the wheels of justice...
I know the background of the case when it was in State Court, but I don't know too much about the Federal case so can you fill us in? Is it based on the Second Amendment, due process, or something else?
Well, the ruling is out and the Court (Federal First District Court) ruled the Second Amendment was not violated.
Crappy deal. Is there any way to appeal his or is this the end of this case?
Will be discussing my options with my attorney.
The good news is if I do appeal it would go to the first circuit so MA could get some good case law as well. Need to figure out the financial obligation as well as other issues.
So now the courts are split on the 2nd, in DC they ruled that:
Yet there is a difference of opinion here:
This should have been tried in state court, not federal but an appeal on a federal level could have broader applications though I'm not sure that it would be touched but the SJC
Contact comm2a.org. They might be willing to help.
In Rhode Island?
Yes. Give them a call.
Comm2a is how I found my current lawyer.
Comm2A has done tons of work in the 1sr Circuit. Contact them and see what they can do for you. If they take you up and decide on a game plan, zip your lip and follow their instructions as they work behind the scenes.
1st Circuit will rubber stamp Canario's decision. SCOTUS doesn't take cases just because the circuits are split. Without Alito badgering them I don't expect they will touch any 2A Cases. (and Alito acknowledged that regulations were necessary)
I suspect applicant will have to wait out the term of a license, then reapply. It might be a good idea to memorize Bristol's list of reasons for obtaining a license and then parrot them back to the board. Winging it is not a good idea. You want to carry a concealed firearm because you MIGHT want to apply for a security job in MA? There did not appear to be any evidence or testimony that applicant addressed any of Bristol's criteria.
Towns are shall issue by law. Should be a state issue. Feel free to review the thread.
Exactly, so why was it in federal court, it should have been taken to the next state level. Supreme Court?
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It was in the state supreme Court .. and they made the chief re-issue his reason for denial.. they did.. and then a ball was dropped some where... and here I sit.
Yep, I have been on this Thread for a few years. I am originally from Warren and I know who Canario is. The whole problem seems to be that your lawyer screwed up somewhere and at that point you couldn't petition the Supreme Court again. Your case was much stronger on the state level. I don't know all the details but it looks like your lawyer screwed up big-time.
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No you got it, my snappy comment was too tay
We still have a strong State law as you know, and I think your best bet is to apply in Bristol again since there is nothing prohibiting you from doing this. You definitely has some valid reasons for obtaining a permit, and I think you have a strong case. The Gadomski case would also help you. However, you might want to wait just a few more weeks to see if H7390 passes. I strongly recommend you contact your State legislators, Judiciary Chairperson, as well as Mattiello and Paiva Weed and let them know about your case. It's is a good example why we need CCW reform in RI.
Contact Matiello's office supporting H7390 at (401) 222-2466 and Paiva Weed's office supporting S2647 at (401) 222-6655
I usually contact both numbers every other day and I urge others to do as well.
Separate names with a comma.