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May be time to Lawyer up

Discussion in 'Rhode Island Laws' started by Neverknowsbest, Mar 24, 2012.

  1. Swamp_Yankee

    Swamp_Yankee

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    The bill was held for further study on 3/22. "Further Study" is RI code for dead-as-a-doornail. Do not expect it to come back this session.
     
  2. press1280

    press1280

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    There would be an opportunity here to get a case to SCOTUS. You're already through the district court so going back through the state courts would probably take longer(although I agree with others that odds are better in state court to win).
    As I understand the current situation, the 1st Circuit is an open slate in regards to may-issue. The Hightower case had many bad facts so the court essentially sidestepped the whole issue.
    The judge in this case, however, seemingly said the 2A doesn't apply outside the home. If the 1st Circuit were also to hold this....you have a clear split with Moore and a very straightforward case to bring to SCOTUS. Now, granted SCOTUS has dodged other similar cases(and Scalia's passing doesn't help), the simple question of inside/outside the home and a remand may just do it.
    Have the other gun rights orgs been contacted?
     
  3. newportri

    newportri

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    Not true. Although it is common that bills don't move after they are held for further study, bills rarely are recommended for passage the first time through, especially on such a controversial topic such as gun rights. We shouldn't be surprised if this bill comes back, but we will have to wait and see.
     
  4. RImike

    RImike

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    Usually that is the case, however there is support for the bill with little opposition. Thus if you call the Speaker and President and make it know that there is public support behind it then this bill might have some movement.
     
  5. press1280

    press1280

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    A lot depends on the committee, especially the chair. You could have overwhelming support but the chair will block it.

    Don't know if that's the case here?
     
  6. RImike

    RImike

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    That isn't the case here, in talking with some committee members in both the House and Senate they all informed that it was in the hands of the Speaker and President and suggested (urged) that the respective legislative leaders be contacted with support so they get advanced for a floor vote.
     
  7. MachineHead

    MachineHead NES Member

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    Git 'r dun!
     
  8. press1280

    press1280

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    But what about those 2? Will they block it?
     
  9. Rob Boudrie

    Rob Boudrie NES Member

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    It seems to me the chief basically flouted the court's decision by disapproving in his "reprocessing" of the application.

    What does your legal counsel think of raising the issue back to the court that ordered him to reconsider, using the argument that the "shows reason" standard in RI law is not a "special purpose only discretionary issue" qualifier on licensing? That would seem to be the real issue, as the federal courts have been less than eager to conclude that Heller protects bearing, as well as keeping, arms.
     
  10. n1bsbri

    n1bsbri NES Member

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    Especially because in the meantime we have the RI Supreme Court decision in Gadomsky vs. Tavares shooting down the "proper showing of need" requirement for 11-47-11. Of course, the very town that was ruled against is back to their same old tricks, nothing changed.
     
  11. newportri

    newportri

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    That's what the RI Supreme Court said should be done if the Chief still denied him. I believe the Court gave him 30 days to appeal that decision, but the lawyer missed the deadline by about a year. I believe his attorney tried to get the RI Supreme Court to reconsider the case, but the court declined.
    I think he should request that his legal expenses are refunded to him and move on (and re-apply).
     
  12. Neverknowsbest

    Neverknowsbest

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    Still in limbo.. discussed options and none of them where great. Lawyer has not gotten back to me in a couple of months.

    Sent from my XT1254 using Tapatalk
     
  13. Mossberg500

    Mossberg500

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    I agree with Newport above, should report your clown of a lawyer to the Bar Association, and file suit against him for damages due to negligence of duties. You hired him to do a job, and he repeatedly missed deadlines!


    Sent from my iPhone using Tapatalk
     
  14. Rob Boudrie

    Rob Boudrie NES Member

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    Do you have any ideal how difficult it is to sue an attorney?

    You're not going to get an attorney to take the case on contingency, and may have a hard time finding an attorney to take the case even with a hefty retainer.

    1. Attorneys do not like to sue "brother and sister attorneys". It's like trying to get a cop to arrest another cop.

    2. Attorneys know that the attorney they are suing is not going to be thinking "oh my god, legal fees - I had better settle this soon even if I feel I am in the right."
     
  15. Mossberg500

    Mossberg500

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    Very true! Approximately as hard as getting the Chiefs of police in this state to follow the law!!!


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  16. Neverknowsbest

    Neverknowsbest

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    I have no intention of bringing a suit against my attorney. I'm just hoping i can figure a way to get my permit without making myself broke in the process.

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