View Single Post
Old March 30, 2012, 08:03 PM   #326
Al Norris
Moderator Emeritus
 
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,660
Another Alan Gura win today!

The Judgment for Fletcher v. Haas is in: http://ia600607.us.archive.org/23/it...35876.31.0.pdf

This case dealt with the MA law that forbid firearms permits to non-citizens, (lawfull resident aliens).

Both the SAF and Comm2A were dismissed as associational plaintiffs for failing to show any individual member was harmed. Thus they failed standing.

Plaintiffs Fletcher and Pryal were granted their MSJ.

Issued immediately following the memorandum and order (the above link) was the Judgment: http://ia600607.us.archive.org/23/it...35876.32.0.pdf

Quote:
ORDERED, ADJUDGED AND DECREED:
Judgment for the Plaintiffs Fletcher and Pryal against the Defendants. Enforcement of Massachusetts General Laws chapter 140, sections 121-131P against Plaintiffs solely on the basis of their permanent resident alien status is declared to be in violation of the Second Amendment to the United States Constitution and the Defendants are hereby enjoined from denying Plaintiffs Fletcher and Pryal any firearm permits or licenses on that basis.
Emphasis in the original.

Unlike Judge Legg (Woolard) and Judge Howard (Bateman), Judge Woodlock has issued an actual injunction against the State, as applied to these two plaintiffs.

The State will have to "find" another reason to deny the firearms license to these folks, and chances are good, that the State won't want to push that part further.

As it now stands, the State has 30 days to appeal.
Al Norris is offline  
 
Page generated in 0.03733 seconds with 8 queries