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Old January 30, 2012, 10:54 PM   #8
Al Norris
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Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,318
Here is a listing of the docket:

Quote:
12/15/2011 47 MOTION ORDER, granting motion to extend time [41] filed by Appellant Alfred G. Osterweil, by RKW, FILED. [474256][47] [11-2420]
01/13/2012 48 NOTICE OF APPEARANCE AS SUBSTITUTE COUNSEL, on behalf of Appellant Alfred G. Osterweil, FILED. Service date 01/13/2012 by CM/ECF. [498236] [11-2420]
01/26/2012 49 NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellant Alfred G. Osterweil, FILED. Service date 01/26/2012 by CM/ECF. [507960] [11-2420]
01/26/2012 50 NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellant Alfred G. Osterweil, FILED. Service date 01/26/2012 by CM/ECF. [508046] [11-2420]
01/26/2012 51 ATTORNEY, Daniel Louis Schmutter for Alfred G. Osterweil, in case 11-2420 , [48], ADDED.[508216] [11-2420]
01/26/2012 52 ATTORNEY, Paul D Clement for Alfred G. Osterweil, in case 11-2420 , [49], ADDED.[508219] [11-2420]
01/26/2012 53 ATTORNEY, David Zachary Hudson for Alfred G. Osterweil, in case 11-2420 , [50], ADDED.[508227] [11-2420]
01/26/2012 54 ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellant Alfred G. Osterweil, FILED. Service date 01/26/2012 by CM/ECF.[508579] [11-2420]
01/26/2012 55 BRIEF, on behalf of Appellant Alfred G. Osterweil, FILED. Service date 01/26/2012 by CM/ECF.[509365] [11-2420]
01/26/2012 56 JOINT APPENDIX, volume 1 of 1, on behalf of Appellant Alfred G. Osterweil, FILED. Service date 01/26/2012 by CM/ECF.[509379] [11-2420]
I had said earlier that the NRA was helping Mr. Osterweil. You will note that Paul Clement with Daniel Schmutter are now the attorneys for Mr. Osterweil.

In this, from reading the opening brief, it appears that Mr. Clement is the main author. It is a really good read, if a bit long (45 pg - 54 PDF pgs). Here are the main points by Clemkent:
  1. New York’s Ban On Home Handgun Possession By Part-Time State Residents Violates the Second Amendment.
    1. New York’s Ban On Home Handgun Possession By Part-Time State Residents Is, At A Minimum, Subject To Strict Scrutiny.
    2. New York’s Ban On Home Handgun Possession By Part-Time State Residents Substantially and Unconstitutionally Burdens Second Amendment Rights.
  2. New York’s Residency Requirement Arbitrarily Burdens The Fundamental Rights Of Part-Time State Residents In Violation Of The Equal Protection Clause.

While the 2nd CCA comprises the States of Connecticut, New York and Vermont, a positive 2A decision here will have an effect on other Circuits and how they view part-time residents.

More broadly, should the Court reach to the Equal Protection argument (and I would think they would avoid this), it would ultimately impact "visitors" in those States as it regards their own right to self defense.
Attached Files
File Type: pdf Osterweil v. Bartlett Opening Brief-2CCA.pdf (326.8 KB, 10 views)
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