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Worman v. Baker - AWB Challenge.

Discussion in 'General Discussion' started by Comm2A, Jul 18, 2017.

  1. Comm2A

    Comm2A Director Comm2a Dealer NES Member

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    This has been mentioned elsewhere, but given the topic, it deserves a thread of it's own. This is facial legal challenge to the Commonwealth's ban on so-called 'assault weapons'.

    Worman v. Baker is a Comm2A/NRA collaboration and GOAL is an organizational plaintiff.

    There won't be a trial until about May 2018. In the meantime the AG has filed a partial MTD with a hearing scheduled for September.
     
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  2. StevieP

    StevieP NES Member

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    Outstanding.

    Carry on.
     
  3. MachineHead

    MachineHead NES Member

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    Any chance Kolbe v. Hogan will be heard by SCOTUS by the time this case gets to trial ?
     
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  4. Glockster30

    Glockster30 NES Member

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    Any updates on NSSF vs. Healey?
     
  5. MichaelJames1971

    MichaelJames1971

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    Who is the legal team moving this forward, and what is their success-rate at arguing these types of cases?
     
  6. daekken

    daekken NES Member

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    Last edited by a moderator: Nov 18, 2017
  7. banditone

    banditone NES Member

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    What if a bunch of us file suits to flood the AG?
     
  8. terraformer

    terraformer NES Member

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    You say that like it matters... When the judges are this dishonest and won't even play by their own rules, and worse, play Calvin ball, it's irrelevant about the legal team.
     
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  9. namedpipes

    namedpipes NES Member

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    Then there should be no issue with the chowder head from Texas or the idea that has been floated here and other places to flood the AG with thousands of lawsuits.

    If the judges are corrupt (and I DO agree that they are, by the way) then it just doesn't matter. Any legal challenge is as good as the next.

    DoI Paragraph 2, line 3 applies.
     
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  10. Lowbird

    Lowbird NES Member

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    Love it.


    It's been a year. I'm out of state again.
    I'm VERY tempted to ask our savior on her Twitter if she plans to infringe on any more of my rights without warning while I'm trying to relax...

    See if one of her minions replies. Then trollololol all the live long day.
    [laugh]
     
  11. Spanz

    Spanz NES Member

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    its about frigin time
     
  12. SKumar

    SKumar NES Member

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    Now that Judge Clarence Thomas publicly voiced his concern about the SC and gun rights issues, I'm a bit more optimistic about the outcome if this issue is sent to the SCOTUS. Nothing surprises me anymore but it's better to have hope than to have none.
     
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  13. MichaelJames1971

    MichaelJames1971

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    You want someone who can argue the Law effectively and 'make a solid case', not some fresh-out from Dickinson Law trying his first case. I expect a serious effort to be made that goes through the appeals process smoothly so that this issue can reach SCOTUS, where I believe we will win.
     
  14. eboos

    eboos

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    Even if Mary Bonato was arguing this case, I doubt it would get much consideration in this state.
     
  15. Knuckle Dragger

    Knuckle Dragger NES Member

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    We have a 'grown up' lawyer on this one.
     
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  16. Palladin

    Palladin NES Member

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    is the fact that we're all felons in waiting, addressed by this complaint? such as in the Calif magazine case?
     
  17. SKumar

    SKumar NES Member

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    I'm not an expert on the judicial system, but who (govt official) determines whether a case is worth pursuing or not? If it doesn't fit their agenda, can they consistently push it aside?
     
  18. eboos

    eboos

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    The judges will rule on the cases, or dismiss on motions, using legal argument as a means of justifying their decisions, not as a means of arriving at them.
     
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  19. Rob Boudrie

    Rob Boudrie NES Member

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    The risk is to this case is that is it overly broad. There have been numerous federal court challenges to state level AWBs and every one, without exception, has lost. What we really needed is a challenge that ONLY addresses the AG's attempt to redefine settled law. That being said, this is a big league case and Comm2A is not the sole driver of the bus.
     
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  20. bigblue

    bigblue

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    It was my understanding that the NSSF case is the narrow challenge to the AG interpretation?
     
  21. Rob Boudrie

    Rob Boudrie NES Member

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    Yes, but only on behalf of dealers, not consumers. Could be a standing issue.
     
  22. bigblue

    bigblue

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    Well that is just silly. If you are going to present a case, present the best case you can and eliminate obvious challenges (like standing).
     
  23. Rob Boudrie

    Rob Boudrie NES Member

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    The NSSF chose not to partner with, consult, or advise Comm2A on any aspect of its litigation.
     
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  24. Garys

    Garys NES Member

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    Good work, and good luck. I have complete confidence in the Comm2A team to present the best case possible.
     
  25. Junior314

    Junior314 NES Member

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  26. inkdesigner

    inkdesigner NES Member

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    And this right here should be concerning to folks. You would think the NSSF would have at least wanted to talk with the #1 2A group in MA before filing a lawsuit connected to the 2A in MA
     
  27. Rob Boudrie

    Rob Boudrie NES Member

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    There was a meeting off all involved parties at S&W. The meeting concluded with a gentlemen's agreement that no party would file a suit without the courtesy of an advance briefing of all other parties in the room. Comm2A subsequently found out about the NSSF suit through the media, not direct notification from NSSF.

    Remember too that the NSSF was spouting nonsense about LTCs not being renewed if someone owned an AR. Naturally, the NSSF never thought to ask the subject matter experts if this was really happening.
     
  28. inkdesigner

    inkdesigner NES Member

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    Sigh, well, that doesn't bode well
     
  29. Dadstoys

    Dadstoys NES Member

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    What's the chances that Charlie boy's depth of involvement with Maura's little shit show might be brought to light?
    If so , hopefully before the elections.
     
  30. Rob Boudrie

    Rob Boudrie NES Member

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    If the media discovers that Charline was complicit in a gun ban and covers that news it will increase his chances of re-election.
     

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