Masciandaro v. United States - Page 2

KyJim · October 28, 2011, 07:11 PM

After reading the Response, I am even more convinced that this is a good vehicle to address the questions of the 2A's applicability outside the home and, perhaps, the level of scrutiny. I agree with the response that the law, as applied, is sufficiently narrow that the Court can address the issue with some certainty that the law of unintended consequences won't run amok. On the other hand, it would have broader implications and allow further development of the law by the lower courts.

Al Norris · November 1, 2011, 10:19 AM

Just in time for Thanksgiving. From the Docket at SCOTUS:

Quote:

Nov 1 2011 DISTRIBUTED for Conference of November 22, 2011.

maestro pistolero · November 1, 2011, 10:51 AM

Does distributed for conference mean it is going to be considered for grant of cert?

Armorer-at-Law · November 1, 2011, 11:33 AM

Quote:

Does distributed for conference mean it is going to be considered for grant of cert?

Yes, considered, but not necessarily to be granted.

maestro pistolero · November 28, 2011, 12:46 PM

As of today.

**Tom Servo** · November 28, 2011, 02:05 PM

That leaves Woollard, which seems to have the best hope of getting heard, as it isn't a criminal defense case.

Al Norris · November 28, 2011, 02:23 PM

Tom, Woolard is still in district court. We are waiting on rulings for cross motions for MSJ's.

NatoRepublic · November 28, 2011, 08:06 PM

After listening to a couple of the oral arguments in front of scotus on a few other cases I am wondering if two thingss came into play.

1) Scalia and a few others seem to be on a "Why can't the legislature handle this" kick.

2) Why bother with a law that has already been repealed?

Lets remember Wollard is the ground up SAF case.

secret_agent_man · November 29, 2011, 09:09 AM

Excellent roundup on the Masciandaro decision. Or if you will, the indecision. Some good related links at the end.

http://www.csmonitor.com/USA/Justice...n/%28page%29/2

thallub · November 29, 2011, 05:47 PM

Cert was denied in the Williams case.

http://www.csmonitor.com/USA/Justice...n-control-case

secret_agent_man · November 29, 2011, 08:30 PM

Is SCOTUS waiting on Nordyke to come through the pipeline?

Al Norris · November 29, 2011, 09:36 PM

Thallub, ChuckS reported the denial of cert for Williams back on Oct 3. See this post.

The article you referenced was still a fair representation though.

Al Norris · December 16, 2011, 08:02 PM

It is interesting to note that while Stephen Halbrook lost his chance to argue Williams before the Supreme Court, he has written an article on Masciandaro that fairly criticizes the the 4th Circuit for its failure to adhere to Constitutional text (and by inference, the Supreme Court for not granting cert).

Published in the Wake Forest Law Review for December: No Right to “Bear Arms”? A Critical Analysis of United States v. Masciandaro

A very good read, indeed!

Adirondack69 · December 17, 2011, 04:23 PM

Is this case now concluded for Mr Masciandaro? I did a couple of searches and could find no information relating to the sentencing or the decision being vacated now that the Coburn amendment changes the actions or Mr Masciandaro as no longer being against the law. Would it be up to the governor of Virginia to issue a pardon?

Brian

Al Norris · December 17, 2011, 11:19 PM

Yes. It is concluded.

Mr. Masciandaro was convicted (misdemeanor, IIRC) at district court. All appeals are now exhausted. There is a fine he has to pay.

November 28, 2011, 12:46 PM	#30
maestro pistolero Senior Member Join Date: August 16, 2007 Posts: 2,153	Cert Denied in Masciandaro As of today.

November 28, 2011, 02:05 PM	#31
Tom Servo Staff Join Date: September 27, 2008 Location: Foothills of the Appalachians Posts: 13,059	That leaves Woollard, which seems to have the best hope of getting heard, as it isn't a criminal defense case. __________________ Sometimes it’s nice not to destroy the world for a change. --Randall Munroe

December 16, 2011, 08:02 PM	#38
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	Post Script It is interesting to note that while Stephen Halbrook lost his chance to argue Williams before the Supreme Court, he has written an article on Masciandaro that fairly criticizes the the 4th Circuit for its failure to adhere to Constitutional text (and by inference, the Supreme Court for not granting cert). Published in the Wake Forest Law Review for December: No Right to “Bear Arms”? A Critical Analysis of United States v. Masciandaro A very good read, indeed!

October 28, 2011, 07:11 PM	#26
KyJim Senior Member Join Date: July 26, 2005 Location: The Bluegrass Posts: 9,142	After reading the Response, I am even more convinced that this is a good vehicle to address the questions of the 2A's applicability outside the home and, perhaps, the level of scrutiny. I agree with the response that the law, as applied, is sufficiently narrow that the Court can address the issue with some certainty that the law of unintended consequences won't run amok. On the other hand, it would have broader implications and allow further development of the law by the lower courts.

November 1, 2011, 10:51 AM	#28
maestro pistolero Senior Member Join Date: August 16, 2007 Posts: 2,153	Does distributed for conference mean it is going to be considered for grant of cert?

November 28, 2011, 02:23 PM	#32
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	Tom, Woolard is still in district court. We are waiting on rulings for cross motions for MSJ's.

November 28, 2011, 08:06 PM	#33
NatoRepublic Member Join Date: September 7, 2011 Posts: 22	After listening to a couple of the oral arguments in front of scotus on a few other cases I am wondering if two thingss came into play. 1) Scalia and a few others seem to be on a "Why can't the legislature handle this" kick. 2) Why bother with a law that has already been repealed? Lets remember Wollard is the ground up SAF case.

November 29, 2011, 09:09 AM	#34
secret_agent_man Junior member Join Date: March 25, 2011 Posts: 463	Excellent roundup on the Masciandaro decision. Or if you will, the indecision. Some good related links at the end. http://www.csmonitor.com/USA/Justice...n/%28page%29/2

November 29, 2011, 05:47 PM	#35
thallub Senior Member Join Date: November 20, 2007 Location: South Western OK Posts: 3,112	Cert was denied in the Williams case. http://www.csmonitor.com/USA/Justice...n-control-case

November 29, 2011, 08:30 PM	#36
secret_agent_man Junior member Join Date: March 25, 2011 Posts: 463	Is SCOTUS waiting on Nordyke to come through the pipeline?

November 29, 2011, 09:36 PM	#37
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	Thallub, ChuckS reported the denial of cert for Williams back on Oct 3. See this post. The article you referenced was still a fair representation though.

December 17, 2011, 04:23 PM	#39
Adirondack69 Junior Member Join Date: December 17, 2011 Location: Pa Posts: 1	Is this case now concluded for Mr Masciandaro? I did a couple of searches and could find no information relating to the sentencing or the decision being vacated now that the Coburn amendment changes the actions or Mr Masciandaro as no longer being against the law. Would it be up to the governor of Virginia to issue a pardon? Brian

December 17, 2011, 11:19 PM	#40
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	Yes. It is concluded. Mr. Masciandaro was convicted (misdemeanor, IIRC) at district court. All appeals are now exhausted. There is a fine he has to pay.