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Another Case For The SCOTUS?

Discussion in 'Legal' started by ronwill, Nov 16, 2007.

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  1. ronwill

    ronwill Member

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  2. cloudedice

    cloudedice Member

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    That clearly shows the Judge doesn't know his US History.
     
  3. cloudedice

    cloudedice Member

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    Ok... and how many happened BEFORE the decision in Parker? How many since the hand gun ban in DC?

    This judge is an idiot.
     
  4. zxcvbob

    zxcvbob Member

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    This seems like grounds for a mistrial (or certainly an appeal) right here.

    IANAL,
    Bob
     
  5. Thain

    Thain Member

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    The single saddest part of this article:

    The caselaw in New York state is so FUBAR that a trial court judge can dismiss the opinion of the Federal Circuit over a clear constitutional question, and this poor guys lawyers don't think a reversal on appeal is likely.

    Someone needs to mail this guy Levy's business card stat.
     
  6. ClickClickD'oh

    ClickClickD'oh Member

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    Wow, that judge needs to be reamed by a higher court. He even cited Miller to uphold his decision, but conveniently forgot that Miller explicitly says that the "militia" of the 2A is to be composed of every able bodied man who is able to privately poses arms. The Miller decision directly contradicts this judge.
     
  7. Thain

    Thain Member

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    For the record, the Decision and Order can be found here. Trial court opinions are typically unpublished, so they can be tricky to track down.

    I really don't see how this could survive an appeal, the judge is almost challenging the judges of the D.C. Circuit to a fistfight!
     
  8. Jeff White

    Jeff White Moderator Staff Member

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    Until the US Supreme Court incorporates the Second Amendment, it's not a constitutional question. The USSC said this in Presser v. Illinois in 1886:
    http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=116&invol=252
    If the US Supreme Court hears Heller, and if they rule that there is an individual right to keep and bear arms, then there is a constitutional issue. Right now, there is no constitutional issue, because the court said the second amendment only restricted the federal government back in 1886.

    So if we get a favorable ruling in Heller, this might be a case to take to the court to argue for incorporation. Right now, there is little chance an appeal would succeed.

    Jeff
     
  9. Bartholomew Roberts

    Bartholomew Roberts Moderator Emeritus

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    Actually, even if SCOTUS had approved Heller, this was brought in State court. So unless SCOTUS also incorporated Heller, this guy has to rely on whatever New York's highest court has said on the matter.

    Off the top of my head, if the plaintiff is being represented by Legal Aid, he probably is not ideal representative. At least he isn't a criminal (beyond possessing the firearms) though (or at least the story didn't mention it if he is).
     
  10. v35

    v35 Member

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    What kind of judge reads "the right of the people" and interprets it to mean "the right of the State" ??

    A judge who travels with armed guards, perhaps?

    All it takes is for a society to rename its troublesome citizens "dissidents" or "terrorists". Worked fine with "jews" and "negroes". Makes them so much easier to massacre when they're disarmed.
     
  11. Thain

    Thain Member

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    I've never been fond of incorporation, but I suppose you are all correct that it might not be a valid Second Ammendment issue... of course, incorporation has to begin somewhere.

    However, Section 4 of the New York Civil Rights Law states:

    Wording which looks pretty familar.
     
  12. Mainsail

    Mainsail Member

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    That guy is totally whacked! I love this:
    Wasn’t the order stayed? Isn’t it just as illegal to own a handgun today as it was before the decision?
     
  13. Thain

    Thain Member

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    Lets see... Parker was decided on March 9, 2007. This case was decided on October 27, 2007. That 231 days latter.

    That means that there has been a homicide every other day, two armed assaults every day, and three armed robberies every day.

    The Parker ruling has been stayed pending Washington D.C.'s appeal with the United States Supreme Court... which means that this gun-crime-a-day thing has been happening with the Firearms Control Regulations Act of 1975 in FULL EFFECT!

    Anyone else wonder if this Judge might be on the Brady Bunch Board of Directors? He has the same unique relationship with the facts that they seem to...
     
  14. Crunker1337

    Crunker1337 Member

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    The statistics don't matter if the guy who possessed the gun didn't commit any murders or other violent crimes.
     
  15. Robert Hairless

    Robert Hairless Member

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    It should be obvious that the mere words of the Parker ruling were sufficient to have triggered those terrible consequences. Had those word never been uttered Washington, D.C., would have been Eden before the fall.
     
  16. romma

    romma Member

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    And a partridge in a pear tree!!
     
  17. scout26

    scout26 Member

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    Gerstein, isn't he the lapdog of Bloomberg that heard the NAACP case against gun manufacturer's and ruled that the Lawful Protection of Firearms Act didn't apply ???
     
  18. ilbob

    ilbob Member

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    I agree with the poster who said since it was never incorporated, the 2A does not apply to NY.

    Laws are a funny thing. They can be very clear, like:

    Yet very clearly the RTKBA of anyone who wants to exercise it in NY is infringed very seriously.
     
  19. kludge

    kludge Member

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    In other words, even after more than 200 years, tyrants still can't accept that they have no right to control people.

    "Revisionist?" :barf:
     
  20. AndyC

    AndyC Member

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    Gerstein is an ass - only a dimwit would think that a state militia or National Guard would need to have their right to bear arms protected by the Constitution.
     
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