ToddDubya
NES Member
It seems to me that if he fights this, it would behoove every other FFL in the state to help fund his defense. If and when a donation site becomes available, I'll shovel some dollars to it.
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I doubt most gun stores would help another out . There's at least one in mass that will rat you out .
Just emailed the attorney to see if there is any place donations can be sent to
Best wishes Mike. Unfortunately I think you are ****ed.
So far most people here are talking about taking the unconstitutionality approach. Which, short of reaching the the Fed. courts, really has no chance since it is the Fed. courts that ultimately settle issues of constitutionality.
So. What about attacking it from the angle of, The application and enforcement of the EOPS list is in direct, conflict with or violation of, a prior SCOTUS ruling? SCOTUS may not be too willing to jump on a criminal case based solely on constitutionality. But they might be willing to hear a case that is directly related to the interpretation and application of one of their prior decisions. Namely the one that says, "Firearms in common usage..."
The NY mag cap law that was recently suspended do to this ruling is going to die on the floor since it is IMPOSSIBLE that it doesn't violate the SCOTUS ruling. I think the EOPS list should be directly challenged on that basis alone. Based on some recent SCOTUS decisions, namely Heller and the one mentioned above, I think that if the SCOTUS did hear the case it would be the end of the EOPS list and the beginning of the end of any similar legislation in other states.
Of course IANAL, I know my username can be misleading that way .
If all else fails maybe we should start a "Church of the gun" and make firearm ownership a tenet of the religion. We could write the bylaws in such a way that they make owning large numbers of a wide variety of firearms an "expression of faith". Then we attack the laws on the grounds of religious persecution...
Financial support is necessary but how important would a physical show of support by actually being at the courthouse to support him be? How would a judge handle 2000 people showing up to support Mike in court? Would that have an influence?
Financial support is necessary but how important would a physical show of support by actually being at the courthouse to support him be? How would a judge handle 2000 people showing up to support Mike in court? Would that have an influence?
I may be confused but this case is not about weather or not the AG list is unconstitutional. It is about weather or not he sold guns that are illegal to be sold in this state. I think anyone who has ever been to his shop knows the answer to that question. I dont think it matters how much of your money he spends on a legal defense this case should be a slam dunk. If goal or comm2a would like to file something against the AGs list then I would happily donate to that.
I'm in with a donation... just tell us how
The EOPS list and/or AG Regs has been ruled unconstitutional VIA Heller. They are common use firearms. Bottom line.
Nobody in the Mass system cares. The law is no better than the men who enforce it and live under it. In Mass, that makes the law a pile of shit. The man who decided to bring the charges, the man who signed the warrant, the man who will prosecute it, the man who will judge that prosecution, the man who arrested him, the man who booked him, and the man who will close the cell door and walk away if it comes to it -- all of them will do so despite it being wrong and despite the law being unconstitutional. Every single one of them will tell themselves they are too small to change anything, that they are just following orders, or, no worse but just as bad, they will think they are doing good. Their desire for a paycheck and their fear of an alternative is all injustice requires to flourish.
Please keep in mind that donating to a legal fund run by lawyers is like throwing money down a black hole. They will take every dime and then some. Look at Zimmerman in Florida, over 2 million was raised and the lawyers have already gone through all of it. If a fundraising effort is done, it should be collected and managed by someone who isn't an interested principle. Or at the very least, the money sent directly to Mike and not let the amount collected known to the attorneys involved.
Thats what I was thinking - why not just send dontations right to Mike's home address in Northboro?
The EOPS list and/or AG Regs has been ruled unconstitutional VIA Heller. They are common use firearms. Bottom line.
No, they haven't been "ruled unconstitutional." It is your interpretation of Heller that they are unconstitutional, but no court has said that about the EOPS Roster or the AG's regs. And until or unless a court does, they remain in force.