Does it matter?
Once the courts are involved, that distinction rests with a judge or a group of judges. We are criticizing the fact that this particular court, at this particular time, is going to choose to use this guy's right to continue his hopeless case as a way of subjugating future claimants.
His choice to continue, made without any apparent reflection about whether doing so is wise, is going to result in a precedent that might one day result in me, of you, or any of us, losing our rights. Five minutes of sober reflection by this halfwit should have told him that continuing to pursue this is not responsible conduct; that he'd be better off cutting bait, since moving forward will only waste his time and strengthen efforts to limit all of our rights.
Your questions and reservations, along with those of the other idealists posting here, are sincere. But they presuppose a world in which justice really is blind. It's not. Not where guns are involved in Massachusetts. We all know this; he should have known this too, back when he foolishly broke the law in the first place.
A dumb law? Sure. But ironically, his subsequent actions are only going to make that bad law stronger and easier for the State to enforce. Versus Comm2a's efforts to undermine those laws.
