Great news!
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Great news. I wonder why some of the other dealers decided not to join?
The retailers are Pullman Arms Inc. of Worcester; Guns and Gear, LLC of Agawam; Paper City Firearms of Holyoke; and Grrr Gear of Orange.
You don't need 300 plaintiffs.
I'm told they capped the # of retailers, guessing at 4.
Why is there no reference to individuals that are confused with regard to the legality of selling a pre-7/20/16 enumerated guns in addition to the dealers? Is it because the listed dealers are members of FSSA and they cannot represent individuals?
If so, does it make any sense to file a class action suit for individuals using the same language and Due Process references used in the FSSA filing, or is it just not necessary?
You don't think this is the only case that will be filed, do you...
You don't think this is the only case that will be filed, do you...
Link to the actual filing:
http://www.nssf.org/share/pdf/092216-Complaint_for_Declaratory_Relief_As_Filed.pdf
I'm sure Comm2A has some nice surprises getting polished up in the skunk works.
You don't think this is the only case that will be filed, do you...
I just hope they're bringing the right case. Making the right argument and with deep enough pockets.
I'm no legal eagle but I hope the don't **** it up for some other group who was taking time to build a better case. I have no reason to think so, so I'm not shitting on them. BUT shouldn't they have sued in state first? Won't the fed court just tell them to take it to the MA SJC?
Would like to hear GOAL and COMM2As thoughts on it. I'm sure they need some time to read and digest the filing though before opining.
I have not done a detailed analysis of the NSSF filing, but one issue is that suing in the state court can, for all practical purposes, preclude federal review. An SJC decision can be reviewed by SCOTUS, but that is pretty much about it.I'm no legal eagle but I hope the don't **** it up for some other group who was taking time to build a better case. I have no reason to think so, so I'm not shitting on them. BUT shouldn't they have sued in state first? Won't the fed court just tell them to take it to the MA SJC?
I have not done a detailed analysis of the NSSF filing, but one issue is that suing in the state court can, for all practical purposes, preclude federal review. An SJC decision can be reviewed by SCOTUS, but that is pretty much about it.
The federal courts sometimes bend over backwards to apply the "but it's guns" doctrine, however, the state courts almost always do so.
A State’s most basic responsibility is to keep its people safe. The Commonwealth of Massachusetts was either unable or unwilling to do what was necessary to protect Jaime Caetano, so she was forced to protect herself. To make matters worse, the Commonwealth chose to deploy its prosecutorial resources to prosecute and convict her of a criminal offense for arming herself with a nonlethal weapon that may well have saved her life. The Supreme Judicial Court then affirmed her conviction on the flimsiest of grounds. This Court’s grudging per curiam now sends the case back to that same court. And the consequences for Caetano may prove more tragic still, as her conviction likely bars her from ever bearing arms for selfdefense. See Pet. for Cert. 14. If the fundamental right of self-defense does not protect Caetano, then the safety of all Americans is left to the mercy of state authorities who may be more concerned about disarming the people than about keeping them safe.
I have not done a detailed analysis of the NSSF filing, but one issue is that suing in the state court can, for all practical purposes, preclude federal review. An SJC decision can be reviewed by SCOTUS, but that is pretty much about it.
The federal courts sometimes bend over backwards to apply the "but it's guns" doctrine, however, the state courts almost always do so.