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Link Posted: 12/9/2019 1:10:22 PM EDT
[#1]
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Quoted:

Criminal cases are seen with distaste, he plead guilty to both the mortgage fraud and the wrongfully acquired hunting licenses while a convicted felon. If he had filed suit before the hunting licenses incident, he would have been far better situated. Dumbasses aren't great test cases.

Kharn
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Game regulations are extremely complex.

He held a hunting license, he just improperly held a resident instead of a non-resident license in the mistaken belief that his residence in Wyoming qualified him as a "Resident" when in fact it did not.
Link Posted: 12/9/2019 1:19:11 PM EDT
[#2]
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Quoted:

Well, look at how many people here support banning felons from owning guns.

This reinforces my belief that the court isn't going to touch MGs anytime soon. MGs, like felons, are scary.
View Quote
I don't have a problem with a felony conviction carrying punishments beyond prison including loss of rights.  I do have a significant issue with what constitutes a felony conviction in today's America.
Link Posted: 12/9/2019 1:34:40 PM EDT
[#3]
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Quoted:
Of note, Alan guras case, Medina v Barr (felon in possession case) was not granted certiorari today.  That is a shame. That guy was convicted of a false statement on a mortgage app, felony. Paid off the loan early and everyone admits no harm was done. Too bad though, because he is a felon and gov says too dangerous to have a firearm. Supreme Court doesn’t want to wade into it. Here is his petition:

https://www.supremecourt.gov/DocketPDF/19/19-287/114260/20190830122623701_3-cert_petition.pdf
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Shouldn’t we focus on a 2A right that exists outside the home before tackling which felons can own guns?
Link Posted: 12/9/2019 1:38:53 PM EDT
[#4]
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Quoted:
Well, look at how many people here support banning felons from owning guns.

This reinforces my belief that the court isn't going to touch MGs anytime soon. MGs, like felons, are scary.
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Quoted:
Quoted:
Of note, Alan guras case, Medina v Barr (felon in possession case) was not granted certiorari today.  That is a shame. That guy was convicted of a false statement on a mortgage app, felony. Paid off the loan early and everyone admits no harm was done. Too bad though, because he is a felon and gov says too dangerous to have a firearm. Supreme Court doesn’t want to wade into it. Here is his petition:

https://www.supremecourt.gov/DocketPDF/19/19-287/114260/20190830122623701_3-cert_petition.pdf
Well, look at how many people here support banning felons from owning guns.

This reinforces my belief that the court isn't going to touch MGs anytime soon. MGs, like felons, are scary.
MG are not even on the radar. Stuff like may issue, purchase permits, licensing, waiting periods, magazine capacity limits, assault weapons bans, ect, storage requirements, ect are all more likely to be heard first. Once we get the court to rule the 2A applies outside the home.
Link Posted: 12/9/2019 4:28:20 PM EDT
[#5]
Link Posted: 12/9/2019 4:47:24 PM EDT
[#6]
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Quoted:
I don't have a problem with a felony conviction carrying punishments beyond prison including loss of rights.  I do have a significant issue with what constitutes a felony conviction in today's America.
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Quoted:
Quoted:

Well, look at how many people here support banning felons from owning guns.

This reinforces my belief that the court isn't going to touch MGs anytime soon. MGs, like felons, are scary.
I don't have a problem with a felony conviction carrying punishments beyond prison including loss of rights.  I do have a significant issue with what constitutes a felony conviction in today's America.
The Devil's in the details. The 'no released felon can have firearms' drives the hoops we (non-felons) now jump through to prove that we are NOT, in fact, felons. The debate on whether or not to restrict a felon's right to keep and bear arms is separate from forcing non-felons to prove their innocence. Conflating those two issues ought to err on the side of the non-felons... and it currently does not.

Sure, some things which are felonies shouldn't be. That could be an easy litmus test: can you legally defend yourself with a firearm if you catch the perpetrator in the act, i.e. a de facto death penalty? Bam, felony. Maybe that easy, but there's probably holes. I gotta go back to work.
Link Posted: 12/9/2019 4:49:40 PM EDT
[#7]
Im really hoping the supreme court gets off its ass and kicks some of these anti constitutional gun control laws in the nuts finally. ( mag bans, semi auto bans, accepted gun lists, etc ) any honest court making a ruling based on the constitution / facts would have no choice but to rule against them... however with everyone making rulings based on their fucking feelings, thats always iffy.
Link Posted: 12/9/2019 4:56:09 PM EDT
[#8]
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Quoted:
It’s all part and parcel in the grand scheme. If we have a fundamental right to own a firearm in the home, but a paper crime that doesn’t harm anyone can strip you of that right forever, do we really have that right to begin with?
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Quoted:
Quoted:
Quoted:
Of note, Alan guras case, Medina v Barr (felon in possession case) was not granted certiorari today.  That is a shame. That guy was convicted of a false statement on a mortgage app, felony. Paid off the loan early and everyone admits no harm was done. Too bad though, because he is a felon and gov says too dangerous to have a firearm. Supreme Court doesn’t want to wade into it. Here is his petition:

https://www.supremecourt.gov/DocketPDF/19/19-287/114260/20190830122623701_3-cert_petition.pdf
Shouldn’t we focus on a 2A right that exists outside the home before tackling which felons can own guns?
It’s all part and parcel in the grand scheme. If we have a fundamental right to own a firearm in the home, but a paper crime that doesn’t harm anyone can strip you of that right forever, do we really have that right to begin with?
Exactly.
Link Posted: 12/11/2019 6:55:55 PM EDT
[#9]
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Quoted:

I just registered.

I wonder what kind of hors d'oevres, and whether they will have valet parking.  
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Quoted:
For any of our members near DC, please represent AR15.com at this event and provide us with a full report afterwards.

https://www.eventbrite.com/e/the-second-amendment-at-the-supreme-court-what-to-expect-this-term-tickets-80064279415
I just registered.

I wonder what kind of hors d'oevres, and whether they will have valet parking.  
DK-Prof, if you are still going to this event tomorrow, you can do a little prep work ahead of time by reading the comments that Duke University has made on the annotated oral arguments in the following PDF document:

https://sites.law.duke.edu/secondthoughts/wp-content/uploads/sites/13/2019/12/NYSRPA-Mark-up-Duke-Center-for-Firearms-Law.pdf

I haven't read their comments yet, as I just came across this and I have to get ready to head out to a local event, but I will be reading it in its entirety later tonight when I return.
Link Posted: 12/11/2019 8:47:17 PM EDT
[#10]
I started reading through the annotated PDF I referenced in the post before this one when on page 5 of 73 I see they referenced a brief by Historian Patrick Charles.

Link to that brief:

https://www.supremecourt.gov/DocketPDF/18/18-280/99640/20190514123434398_Charles

On page 45 & 46 of 50 of that Charles brief, they make the following comment:

Knowing the historiography of the Statute of
Northampton and Knight’s Case is important for two
reasons. First, it illustrates the ease by which myth
can consume historical fact. For decades, based on
nothing more than incomplete English Reports and a
highly selective reading of a handful of seventeenth-
and eighteenth-century legal commentators, a contin-
gent of legal scholars convinced many in the field that
their historical claim was valid, despite its lack of
substantiation and the evidence contradicting it. Sec-
ond, as can be seen by several appellate courts to have
examined this history, it illustrates how unsubstanti-
ated and poorly-researched history can influence judi-
cial outcomes. See Young v. Hawaii, 896 F.3d 1044,
1064 (9th Cir. 2018), vacated for rehearing en banc, 915
F.3d 681 (9th Cir. 2019)
View Quote
Is this a slam at Nolo and Wolfwood?
Link Posted: 12/11/2019 11:01:49 PM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I started reading through the annotated PDF I referenced in the post before this one when on page 5 of 73 I see they referenced a brief by Historian Patrick Charles.

Link to that brief:

https://www.supremecourt.gov/DocketPDF/18/18-280/99640/20190514123434398_Charles

On page 45 & 46 of 50 of that Charles brief, they make the following comment:

Is this a slam at Nolo and Wolfwood?
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
I started reading through the annotated PDF I referenced in the post before this one when on page 5 of 73 I see they referenced a brief by Historian Patrick Charles.

Link to that brief:

https://www.supremecourt.gov/DocketPDF/18/18-280/99640/20190514123434398_Charles

On page 45 & 46 of 50 of that Charles brief, they make the following comment:

Knowing the historiography of the Statute of
Northampton and Knight’s Case is important for two
reasons. First, it illustrates the ease by which myth
can consume historical fact. For decades, based on
nothing more than incomplete English Reports and a
highly selective reading of a handful of seventeenth-
and eighteenth-century legal commentators, a contin-
gent of legal scholars convinced many in the field that
their historical claim was valid, despite its lack of
substantiation and the evidence contradicting it. Sec-
ond, as can be seen by several appellate courts to have
examined this history, it illustrates how unsubstanti-
ated and poorly-researched history can influence judi-
cial outcomes. See Young v. Hawaii, 896 F.3d 1044,
1064 (9th Cir. 2018), vacated for rehearing en banc, 915
F.3d 681 (9th Cir. 2019)
Is this a slam at Nolo and Wolfwood?
Attachment Attached File
Link Posted: 12/12/2019 1:16:26 PM EDT
[#12]
Link Posted: 12/12/2019 1:28:03 PM EDT
[#13]
Link Posted: 12/16/2019 10:37:27 AM EDT
[#14]
Link Posted: 12/16/2019 10:40:07 AM EDT
[#15]
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Quoted:
Orders came out.  Still no decision on mootness or anything else.
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Looks like they might decide on the merits after all...……...
Link Posted: 12/16/2019 10:45:35 AM EDT
[#16]
Link Posted: 12/16/2019 10:47:58 AM EDT
[#17]
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Quoted:
there is plenty of time for them to moot it between now and then.  or, they could have voted to moot it and have a lot of dissenting opinions which take time to write.  so, i don't think i would take this as any indication of how they are going to rule, only that they haven't released the ruling yet.
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Quoted:
Quoted:

Looks like they might decide on the merits after all...……...
there is plenty of time for them to moot it between now and then.  or, they could have voted to moot it and have a lot of dissenting opinions which take time to write.  so, i don't think i would take this as any indication of how they are going to rule, only that they haven't released the ruling yet.
After last weeks decision to hear three Trump tax cases, I would think they will try to spread out their rulings in controversial cases, rather than do a decision dump in June 2020.
Link Posted: 12/16/2019 10:55:05 AM EDT
[#18]
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Quoted:

there is plenty of time for them to moot it between now and then.  or, they could have voted to moot it and have a lot of dissenting opinions which take time to write.  so, i don't think i would take this as any indication of how they are going to rule, only that they haven't released the ruling yet.
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Ok...…...thanks.
Link Posted: 12/16/2019 11:16:34 AM EDT
[#19]
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Quoted:
After last weeks decision to hear three Trump tax cases, I would think they will try to spread out their rulings in controversial cases, rather than do a decision dump in June 2020.
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Quoted:
Quoted:
Quoted:

Looks like they might decide on the merits after all...……...
there is plenty of time for them to moot it between now and then.  or, they could have voted to moot it and have a lot of dissenting opinions which take time to write.  so, i don't think i would take this as any indication of how they are going to rule, only that they haven't released the ruling yet.
After last weeks decision to hear three Trump tax cases, I would think they will try to spread out their rulings in controversial cases, rather than do a decision dump in June 2020.

They always do a decision dump in June.
We may get the NY gun case, good or bad, before June as Nolo suggested.
Link Posted: 12/16/2019 12:08:40 PM EDT
[#20]
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Quoted:

They always do a decision dump in June.
We may get the NY gun case, good or bad, before June as Nolo suggested.
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Quoted:
Quoted:
Quoted:
Quoted:

Looks like they might decide on the merits after all...……...
there is plenty of time for them to moot it between now and then.  or, they could have voted to moot it and have a lot of dissenting opinions which take time to write.  so, i don't think i would take this as any indication of how they are going to rule, only that they haven't released the ruling yet.
After last weeks decision to hear three Trump tax cases, I would think they will try to spread out their rulings in controversial cases, rather than do a decision dump in June 2020.

They always do a decision dump in June.
We may get the NY gun case, good or bad, before June as Nolo suggested.
Lots of controversial cases this term. June is in an election year. They are going to spread rulings out. They are not going to drop major decisions on abortion, trump taxes and guns on the same day or even same week.
Link Posted: 12/16/2019 12:15:18 PM EDT
[#21]
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Quoted:
Lots of controversial cases this term. June is in an election year. They are going to spread rulings out. They are not going to drop major decisions on abortion, trump taxes and guns on the same day or even same week.
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Quoted:
Quoted:
Quoted:
Quoted:
Quoted:

Looks like they might decide on the merits after all...……...
there is plenty of time for them to moot it between now and then.  or, they could have voted to moot it and have a lot of dissenting opinions which take time to write.  so, i don't think i would take this as any indication of how they are going to rule, only that they haven't released the ruling yet.
After last weeks decision to hear three Trump tax cases, I would think they will try to spread out their rulings in controversial cases, rather than do a decision dump in June 2020.

They always do a decision dump in June.
We may get the NY gun case, good or bad, before June as Nolo suggested.
Lots of controversial cases this term. June is in an election year. They are going to spread rulings out. They are not going to drop major decisions on abortion, trump taxes and guns on the same day or even same week.
That's how the SC rolls and has done so for 50 years. They end their term in June, and drop all their rulings for the term before they leave town for vacation. The most important cases are released on the last days.

Kharn
Link Posted: 12/16/2019 12:24:30 PM EDT
[#22]
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Quoted:
That's how the SC rolls and has done so for 50 years. They end their term in June, and drop all their rulings for the term before they leave town for vacation. The most important cases are released on the last days.

Kharn
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Quoted:
Quoted:
Quoted:
Quoted:
Quoted:
Quoted:

Looks like they might decide on the merits after all...……...
there is plenty of time for them to moot it between now and then.  or, they could have voted to moot it and have a lot of dissenting opinions which take time to write.  so, i don't think i would take this as any indication of how they are going to rule, only that they haven't released the ruling yet.
After last weeks decision to hear three Trump tax cases, I would think they will try to spread out their rulings in controversial cases, rather than do a decision dump in June 2020.

They always do a decision dump in June.
We may get the NY gun case, good or bad, before June as Nolo suggested.
Lots of controversial cases this term. June is in an election year. They are going to spread rulings out. They are not going to drop major decisions on abortion, trump taxes and guns on the same day or even same week.
That's how the SC rolls and has done so for 50 years. They end their term in June, and drop all their rulings for the term before they leave town for vacation. The most important cases are released on the last days.

Kharn
That’s not even close to factually accurate. Decisions have been released in December, May and June and sometimes July. They are not dumping every case from the term on the way out he door.
Link Posted: 12/16/2019 1:46:43 PM EDT
[#23]
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Quoted:
That’s not even close to factually accurate. Decisions have been released in December, May and June and sometimes July. They are not dumping every case from the term on the way out he door.
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Quoted:
Quoted:
Quoted:
Quoted:
Quoted:
Quoted:
Quoted:

Looks like they might decide on the merits after all...……...
there is plenty of time for them to moot it between now and then.  or, they could have voted to moot it and have a lot of dissenting opinions which take time to write.  so, i don't think i would take this as any indication of how they are going to rule, only that they haven't released the ruling yet.
After last weeks decision to hear three Trump tax cases, I would think they will try to spread out their rulings in controversial cases, rather than do a decision dump in June 2020.

They always do a decision dump in June.
We may get the NY gun case, good or bad, before June as Nolo suggested.
Lots of controversial cases this term. June is in an election year. They are going to spread rulings out. They are not going to drop major decisions on abortion, trump taxes and guns on the same day or even same week.
That's how the SC rolls and has done so for 50 years. They end their term in June, and drop all their rulings for the term before they leave town for vacation. The most important cases are released on the last days.

Kharn
That’s not even close to factually accurate. Decisions have been released in December, May and June and sometimes July. They are not dumping every case from the term on the way out he door.
Decisions are released as they are ready (two easy ones were released last week), but the most controversial rulings require the most work, thus being held until the last week in June. Extending the term beyond 30 June is an extremely rare occasion, or an emergency ruling related to a capital case.

Kharn
Link Posted: 12/16/2019 4:03:42 PM EDT
[#24]
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Quoted:
Decisions are released as they are ready (two easy ones were released last week), but the most controversial rulings require the most work, thus being held until the last week in June. Extending the term beyond 30 June is an extremely rare occasion, or an emergency ruling related to a capital case.

Kharn
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Quoted:
Quoted:
Quoted:
Quoted:
Quoted:
Quoted:
Quoted:
Quoted:

Looks like they might decide on the merits after all...……...
there is plenty of time for them to moot it between now and then.  or, they could have voted to moot it and have a lot of dissenting opinions which take time to write.  so, i don't think i would take this as any indication of how they are going to rule, only that they haven't released the ruling yet.
After last weeks decision to hear three Trump tax cases, I would think they will try to spread out their rulings in controversial cases, rather than do a decision dump in June 2020.

They always do a decision dump in June.
We may get the NY gun case, good or bad, before June as Nolo suggested.
Lots of controversial cases this term. June is in an election year. They are going to spread rulings out. They are not going to drop major decisions on abortion, trump taxes and guns on the same day or even same week.
That's how the SC rolls and has done so for 50 years. They end their term in June, and drop all their rulings for the term before they leave town for vacation. The most important cases are released on the last days.

Kharn
That’s not even close to factually accurate. Decisions have been released in December, May and June and sometimes July. They are not dumping every case from the term on the way out he door.
Decisions are released as they are ready (two easy ones were released last week), but the most controversial rulings require the most work, thus being held until the last week in June. Extending the term beyond 30 June is an extremely rare occasion, or an emergency ruling related to a capital case.

Kharn
Kharn gets it.

https://news.bloomberglaw.com/us-law-week/back-loaded-supreme-court-enters-flood-season
Link Posted: 12/26/2019 1:55:52 PM EDT
[#25]
Only posting to keep this thread from going into the archives.  Keeping hope alive a little bit longer.
Link Posted: 1/8/2020 10:01:26 AM EDT
[#26]
Realistically, how much time is left for the Supreme Court to decide to hear a different Second Amendment case should they choose to plan on deciding this one moot?

This PBS article states the norm would be mid-January, which is only one week away.

...The justices have not announced which cases will be argued in April  the final month of oral arguments...

...The high court usually stops adding cases for argument in the term by mid-January...
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https://www.pbs.org/newshour/politics/in-2020-watch-for-these-blockbuster-supreme-court-cases
Link Posted: 1/8/2020 1:17:40 PM EDT
[#27]
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Quoted:
Realistically, how much time is left for the Supreme Court to decide to hear a different Second Amendment case should they choose to plan on deciding this one moot?

This PBS article states the norm would be mid-January, which is only one week away.

https://www.pbs.org/newshour/politics/in-2020-watch-for-these-blockbuster-supreme-court-cases
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Quoted:
Realistically, how much time is left for the Supreme Court to decide to hear a different Second Amendment case should they choose to plan on deciding this one moot?

This PBS article states the norm would be mid-January, which is only one week away.

...The justices have not announced which cases will be argued in April  the final month of oral arguments...

...The high court usually stops adding cases for argument in the term by mid-January...
https://www.pbs.org/newshour/politics/in-2020-watch-for-these-blockbuster-supreme-court-cases
SCOTUS really doesn't care about time. They'll hear and decide a case when they want to. Last minute death penalty appeals would be an exception to this rule.
Briefing can take 105 days after cert. is granted if there aren't any extensions.
https://www.supremecourt.gov/ctrules/2019RulesoftheCourt.pdf
As suggested by the article it is rather unlikely a NEW 2nd Amdt. case will be heard and decided this term.
Link Posted: 1/8/2020 2:12:12 PM EDT
[#28]
We’ve entered the second half of this years session with no decision on NYSRPA or even on mootness.
Link Posted: 1/8/2020 2:26:13 PM EDT
[#29]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
They will make a ruling that is so narrow, it applies nowhere else outside NYC and only applies to this one exact situation.  Just as always.
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If I were a betting man... I'd back that prediction  
Link Posted: 1/16/2020 9:54:31 PM EDT
[#30]
https://www.supremecourt.gov/orders/ordersofthecourt/19

Are any other Second Amendment cases mentioned in the 1/13/20 Order of the court?
Link Posted: 1/16/2020 10:27:19 PM EDT
[#31]
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Quoted:
https://www.supremecourt.gov/orders/ordersofthecourt/19

Are any other Second Amendment cases mentioned in the 1/13/20 Order of the court?
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Quoted:
https://www.supremecourt.gov/orders/ordersofthecourt/19

Are any other Second Amendment cases mentioned in the 1/13/20 Order of the court?
https://www.scotusblog.com/2020/01/justices-issue-more-orders-but-no-action-on-high-profile-cases/#more-291200
The justices did not act on several high-profile petitions for review that they had considered at last week’s conference, including petitions involving: ... a challenge to a federal rule expanding the definition of machine guns;
https://www.scotusblog.com/case-files/cases/guedes-v-bureau-of-alcohol-tobacco-firearms-and-explosives/
Link Posted: 1/16/2020 10:48:39 PM EDT
[#32]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
https://www.supremecourt.gov/orders/ordersofthecourt/19

Are any other Second Amendment cases mentioned in the 1/13/20 Order of the court?
https://www.scotusblog.com/2020/01/justices-issue-more-orders-but-no-action-on-high-profile-cases/#more-291200
The justices did not act on several high-profile petitions for review that they had considered at last week’s conference, including petitions involving: ... a challenge to a federal rule expanding the definition of machine guns;
https://www.scotusblog.com/case-files/cases/guedes-v-bureau-of-alcohol-tobacco-firearms-and-explosives/
The bump stock case was relisted for the next conference, which is different than the 2A cases which all were held after the first conference. But, it's not based on 2A claims, it's based on Chevron deference. Chevron deference amounts to a certain test that determines if a government agency is allowed to make a rule on a matter with civil penalties. Except there is question of if Chevron deference should apply in criminal cases, and thus ATF should not have been allowed to interpret the statute as they did. Previously the Supreme Court has called into question the use of Chevron deference in criminal cases, and this is the first case to reach the court regarding criminal consequences and Chevron together.

Kharn
Link Posted: 1/16/2020 11:13:06 PM EDT
[#33]
Quoted:
I hope the tyrants of nu yak get a good hard kick in the nuts.
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Fixed it for you
Link Posted: 1/17/2020 12:29:45 AM EDT
[#34]
Thanks didn't get link to ScotusBlog.  Did you see this towards the bottom of that article?

The Supreme Court does not appear to have redistributed the petition in Worman v. Healey, the challenge to the Massachusetts ban on possession of assault weapons and large-capacity magazines. The justices considered the case for the first time at their conference last week; if the petition is not redistributed for this week's conference, it could signal that the justices are holding the case until they rule on another gun-rights case that was argued in December, New York Rifle & Pistol Association v. City of New York.
Link Posted: 1/21/2020 2:40:53 PM EDT
[#35]
Pretty much zero chance of them hearing any other gun rights case this session. It’s NYSRPA or nothing until fall.
Link Posted: 1/21/2020 3:04:26 PM EDT
[#36]
Link Posted: 1/21/2020 4:15:45 PM EDT
[#37]
"...extend Rights beyond the home....."

Ooooh, what a dangerous precedent!

Link Posted: 1/22/2020 12:01:56 AM EDT
[#38]
Quote below per Duke University blog post: SCOTUS Gun Watch  Week of 1/20/20

Due to the MLK holiday, the Court's order list this week came out today. It was another relatively quiet week-----no new cert petitions and no big action on the pending ones. We're still suspecting that NYSRPA could come any day...or not for another five months.
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They do state they expect a response next week on Illinois refusal to grant carry permits to most non-residents in Culp v. Raoul, which is not relevant to this topic, but is relevant to my interests.
Link Posted: 1/31/2020 7:07:23 AM EDT
[#39]
Did any of you happen to listen to this one-hour ScotusBlog webinar yet?

https://www.scotusblog.com/2020/01/2020-supreme-court-preview-presented-by-casetext-and-scotusblog/

 On January 28, Casetext and SCOTUSblog conducted the first webinar in a two-part series previewing the biggest decisions expected this term at the Supreme Court. Casetext chief operating officer and general counsel Laura Safdie moderated the panel, featuring SCOTUSblog founder and Goldstein & Russell partner Tom Goldstein and Goldstein & Russell partner Sarah Harrington. The webinar covered high-profile cases involving Title VII and LGBT discrimination, the DACA program, the Second Amendment and the future of an abortion law in Louisiana.

The second part of this series will be live on Thursday, February 20, at 12 noon EST.  
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I'll should have time on Sunday during my 3+ hour-long layover to give it a listen.
Link Posted: 1/31/2020 3:02:43 PM EDT
[#40]
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Quoted:
The bump stock case was relisted for the next conference, which is different than the 2A cases which all were held after the first conference. But, it's not based on 2A claims, it's based on Chevron deference. Chevron deference amounts to a certain test that determines if a government agency is allowed to make a rule on a matter with civil penalties. Except there is question of if Chevron deference should apply in criminal cases, and thus ATF should not have been allowed to interpret the statute as they did. Previously the Supreme Court has called into question the use of Chevron deference in criminal cases, and this is the first case to reach the court regarding criminal consequences and Chevron together.

Kharn
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https://www.supremecourt.gov/orders/ordersofthecourt/19

Are any other Second Amendment cases mentioned in the 1/13/20 Order of the court?
https://www.scotusblog.com/2020/01/justices-issue-more-orders-but-no-action-on-high-profile-cases/#more-291200
The justices did not act on several high-profile petitions for review that they had considered at last week’s conference, including petitions involving: ... a challenge to a federal rule expanding the definition of machine guns;
https://www.scotusblog.com/case-files/cases/guedes-v-bureau-of-alcohol-tobacco-firearms-and-explosives/
The bump stock case was relisted for the next conference, which is different than the 2A cases which all were held after the first conference. But, it's not based on 2A claims, it's based on Chevron deference. Chevron deference amounts to a certain test that determines if a government agency is allowed to make a rule on a matter with civil penalties. Except there is question of if Chevron deference should apply in criminal cases, and thus ATF should not have been allowed to interpret the statute as they did. Previously the Supreme Court has called into question the use of Chevron deference in criminal cases, and this is the first case to reach the court regarding criminal consequences and Chevron together.

Kharn
Yes, thank you for clarifying.
I only pretend to be a real lawyer and don't know the difference between a constitutional amendment and Chevron, or a bumpstock and a machine gun.
Link Posted: 2/11/2020 11:04:02 PM EDT
[#41]
Nothing new, just keeping this thread out of the archives.
Link Posted: 2/11/2020 11:15:27 PM EDT
[#42]
Just reading the updates
Link Posted: 2/11/2020 11:51:54 PM EDT
[#43]
Winter recess until February 21.

https://www.scotusblog.com/
Link Posted: 2/12/2020 12:13:22 AM EDT
[#44]
I’m hopeful in a 5-4 vote to heel NY law, in a broader scope than anticipated, using Heller as president.

Beyond that it is up to everyone else to hold states accountable to the ruling as I’m sure they will ignore it as they have Heller.
Link Posted: 2/12/2020 10:35:24 AM EDT
[#45]
Have we got our rights back yet?
Link Posted: 2/12/2020 10:51:11 AM EDT
[#46]
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Have we got our rights back yet?
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Soon..................

5 years from now,there wont be an anti gun law left on the books anywhere.
Link Posted: 2/12/2020 11:24:03 AM EDT
[#47]
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Quoted:
Have we got our rights back yet?
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@sherrick13
The last week of June is the traditional release date for opinions that shape constitutional law.

Kharn
Link Posted: 2/12/2020 1:08:58 PM EDT
[#48]
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Quoted:
@sherrick13
The last week of June is the traditional release date for opinions that shape constitutional law.

Kharn
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Have we got our rights back yet?
@sherrick13
The last week of June is the traditional release date for opinions that shape constitutional law.

Kharn
I know.  I was being sarcastic.

If they do any ruling that is remotely positive it will be so narrow as to really not do anything.  The court just doesnt ever do sweeping gun cases.

Even Heller really didnt change much outside of DC and even there guns might as well still be illegal.
Link Posted: 2/12/2020 1:12:56 PM EDT
[#49]
How can they expand God given rights?
Link Posted: 2/12/2020 1:22:28 PM EDT
[#50]
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Quoted:
How can they expand God given rights?
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Maybe give us a back a little bit of what we let them take?
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