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Texas man suing MA
- Thread starter xero2099
- Start date
My impression.
His oral arguments sounded like he was relying on not knowing the law existed. Has not having knowledge of the law ever worked as a defense?
The prosecutor and one judge went back and forth about the meaning of knowingly possessing a "weapon" capable of accepting a large capacity mag. Whether that meant knowingly posessed a weapon, or if it meant knowing it was large capacity.
Nothing gave me the impression they would overturn all the counts against him, even if they did throw out one.
Byt then again, I thought this was a loser case from the beginning.
His oral arguments sounded like he was relying on not knowing the law existed. Has not having knowledge of the law ever worked as a defense?
The prosecutor and one judge went back and forth about the meaning of knowingly possessing a "weapon" capable of accepting a large capacity mag. Whether that meant knowingly posessed a weapon, or if it meant knowing it was large capacity.
Nothing gave me the impression they would overturn all the counts against him, even if they did throw out one.
Byt then again, I thought this was a loser case from the beginning.
MachineHead
NES Member
The amicus brief had some good points, but I felt it jumped all over the place in terms of supporting evidence. It also seemed like the lawyer who wrote it felt bad for the guy representing himself.
I don’t know what’s worse; this case or the case of the guy who threw himself into the lion’s den at a zoo a couple years ago.
I don’t know what’s worse; this case or the case of the guy who threw himself into the lion’s den at a zoo a couple years ago.
I see that the ruling has been posted. Can someone please explain this in layman's terms?
Ruling: https://www.mass.gov/files/documents/2018/05/14/12350.pdf
Ruling: https://www.mass.gov/files/documents/2018/05/14/12350.pdf
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Defendant lost, he remains a convicted felon.
Shocking.
Now I'm waiting for the trail of people coming to tell us how this guy doing this was a good idea, etc.![[rofl]](/xen/styles/default/xenforo/smilies.vb/013.gif "ROFL [rofl]")
Thankfully it would appear that the side-damage from this won't be too great....
ETA: When I first saw this I almost thought that shitberg + co might have even been involved to put him up to this, that's how suspect the whole thing was. I'm sure they've contemplated paying a prohibited person off on the side to take a "big piss and shit in the legal well" ....
-Mike
Now I'm waiting for the trail of people coming to tell us how this guy doing this was a good idea, etc.
Thankfully it would appear that the side-damage from this won't be too great....
ETA: When I first saw this I almost thought that shitberg + co might have even been involved to put him up to this, that's how suspect the whole thing was. I'm sure they've contemplated paying a prohibited person off on the side to take a "big piss and shit in the legal well" ....
-Mike
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Shocking.
Now I'm waiting for the trail of people coming to tell us how this guy doing this was a good idea, etc.
Thankfully it would appear that the side-damage from this won't be too great....
ETA: When I first saw this I almost thought that shitberg + co might have even been involved to put him up to this, that's how suspect the whole thing was. I'm sure they've contemplated paying a prohibited person off on the side to take a "big piss and shit in the legal well" ....
-Mike
Yeah, there is a remarkable limitation on the damage from this case. I was shocked to see so little dicta stating what lunacy Heller was.
The next chapter has started: Cassidy v. Healey.
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This should be fun to watch
headednorth
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Poor bastard lost two years of his life.
amm5061
NES Member
Jesus, why? Have we determined how badly he's f***ed us over already?
The federal court shut him down 'with prejudice' and even gleefully refunded his filing fee. Now comes Act III in the form of a petition for writ of certiorari to the US Supreme Court.
amm5061
NES Member
So will this decision have an impact on the NSSF case?
It's 52 pages and was submitted (this time) by an attorney. I haven't read it, but the biggest issue I see is that there are seven questions presented. There are very good reasons to think that SCOTUS will take a criminal case like this over a facial civil challenge. The timeline is such that it probably won't get to conference until after Kavanaugh is confirmed.
And we're done: Certiorari denied. It was a long shot, but Comm2A threw in with an amicus. Everything is available on the SCOTUS website.
The takeaway here is the the Commonwealth is happy to punish gun owners who commit malum prohibitum offenses more severely than those who commit the same offense with malice intent.
The takeaway here is the the Commonwealth is happy to punish gun owners who commit malum prohibitum offenses more severely than those who commit the same offense with malice intent.
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I am john cassidy. I lost but I was right and changed law in the state not proving scienter was wrong reading of laws. My 2A argument was not even address bc court had no way to disagree but regardless jury instructions on scienter by judge we’re good enough for jury take the case and decide and thus SJc affirmed my convictions. And PS anyone on this forum calling me dumb or uninformed: you either lack a true understanding of my case or purposely want to bash me. What this state did is a violation of my 2A, just as a singular persons rights in a liberal state without financial means For private attys I will always fail without non liberal Judges have teeth, they don’t.
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I can only suspect that one of the reasons Mr. Cassidy got an unfavorable outcome, and no backroom deal that would have spared him the federal PP status was the fact that he was a student in MA. The system likely equates "student with guns is a school shooter in the making". As one of my college professors told his class way back when, students are among the least respected members of society, and this could be an example.
The MA courts have not been sympathetic on the scienter issue. There was a MA SJC case regarding an AD/ND in a home. The ruling was the "500ft of an occupied dwelling" discharge crime was a per-se crime, and did not require scienter because the crime and penalty was so small, not even considering that this offense makes one a PP for life in MA (but fortunately not federally).
The MA courts have not been sympathetic on the scienter issue. There was a MA SJC case regarding an AD/ND in a home. The ruling was the "500ft of an occupied dwelling" discharge crime was a per-se crime, and did not require scienter because the crime and penalty was so small, not even considering that this offense makes one a PP for life in MA (but fortunately not federally).
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Welcome John.
I'd rather have a cold beer with a fighter who lost but gave it hell... then someone who fears the battle.
Please stay current here with Us.
Fighters are Welcome...
~Enbloc
I'd rather have a cold beer with a fighter who lost but gave it hell... then someone who fears the battle.
Please stay current here with Us.
Fighters are Welcome...
~Enbloc
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