• If you enjoy the forum please consider supporting it by signing up for a NES Membership  The benefits pay for the membership many times over.

Supreme Court - NYSRPA v. Bruen - Megathread

If this case was about gunz CA9 might care.

The ruling is pretty well written, lays out how Bruen/2A applies and how HI could not/will not find any historically analogous laws banning what is basically a pocket knife. HI tried to baffle the court with BS and the three judge panel basically called BS on it.
 
Why would en banc be denied? CA9 is a traditionally vehemently anti-2A circuit with a big history of taking pro-2A cases and reversing them.
Partly because this was a unanimous decision, and partly because the 9th Circuit knows it's going to have to take on higher profile cases.
 
Today a judge in Lowell dismissed a possession of a firearm charge for a NH ll resident who had no license based on Bruen.
WOW - everyone here needs to read that Opinion.
Anyone know where I can download a searchable version? Searching on MassCourts.org doesn't bring it up when searching by name or 2211CR2835
 
Today a judge in Lowell dismissed a possession of a firearm charge for a NH ll resident who had no license based on Bruen.

I and many here have been making that argument for years and it’s about time a judge finally also came to that logical conclusion. Well done in pointing out both that non-residents are NOT treated the same when it comes to an LTC in MA and the succinct example of the Pheasant Tree Mall.
 
I and many here have been making that argument for years and it’s about time a judge finally also came to that logical conclusion. Well done in pointing out both that non-residents are NOT treated the same when it comes to an LTC in MA and the succinct example of the Pheasant Tree Mall.
the Mall analogy is not true is it? I didn't think there was any retail space that encroached into MA, and wasn't one corner of the mall lopped off to prevent MA from trying to collect sales tax on all purchases made on the property?

1691710877391.jpeg
 
WOW - everyone here needs to read that Opinion.
Anyone know where I can download a searchable version? Searching on MassCourts.org doesn't bring it up when searching by name or 2211CR2835

I used one of the on-line OCR tools, so I can't vouch for it's 100% accuracy. But it's probably well within "good enough"
 

Attachments

  • Opinion Coffey Comm v. Donnell-ocr.pdf
    664.9 KB · Views: 15
the Mall analogy is not true is it? I didn't think there was any retail space that encroached into MA, and wasn't one corner of the mall lopped off to prevent MA from trying to collect sales tax on all purchases made on the property?

View attachment 784126
Well then, maybe you’re right. In any case, clearly at least part of the parking lot is in MA and the point remains the same.
 
Today a judge in Lowell dismissed a possession of a firearm charge for a NH resident who had no license based on Bruen.
Help out us non-lawyers from NH, what weight does a MA District Court carry? Is it something that is binding across MA, or is it just something that can be brought up and hopefully considered? In the real world, does this get me any protection from prosecution, or even as a defence?
 
Help out us non-lawyers from NH, what weight does a MA District Court carry? Is it something that is binding across MA, or is it just something that can be brought up and hopefully considered? In the real world, does this get me any protection from prosecution, or even as a defence?
Precedent in the district, persuasive outside the district, worthless out of the state. (not legal advice, I graduated with the degree, but never practiced)
 
Well then, maybe you’re right. In any case, clearly at least part of the parking lot is in MA and the point remains the same.
I've only been to the Pheasant Lane Mall once. I parked in NH, but I made sure to leave via the south (J.C. Penney) door and carry in MA without a license. ;)

It was nice that there was a line cut in the pavement marking the border. ;)
 
Precedent in the district, persuasive outside the district, worthless out of the state. (not legal advice, I graduated with the degree, but never practiced)
But it is a first step on the path. It is the first stone turned over, the first field plowed where the seeds of freedom will be planted. Maybe not in our lifetimes, but in the future.
 
Unless a future anti-2A SCOTUS overrules Bruen. Then it’s back to the drawing board.
I mean this in the nicest possible way, but I hope you suffer a tragic zipper malfunction. I hope you forget the proper order of "Shake, Tuck, Zip" and Shake, Zip, then try to Tuck
 
Last edited:
Back
Top Bottom