February 16, 2014, 12:41 PM | #1 |
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Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,660
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Dearth v. Holder
Recap quit working when I upgraded to the latest version (27.0) of Firefox. So I have to do this manually... Going to have to see if I can return to the previous working version!
As you may recall, this case is about a US citizen who is living in another country (Canada) and is opposing the Federal laws that state you must be a resident of a State, in order to buy (transfer) firearms. The case has gone up to the DCCA, once before, and is now back there again. Here is the latest DCCA docket:
The Supplemental and the NRA Amicus briefs are below. |
February 16, 2014, 01:48 PM | #2 | |
Staff
Join Date: September 25, 2008
Location: CONUS
Posts: 18,468
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WHAT!
Quote:
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February 16, 2014, 03:21 PM | #3 |
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Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,660
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No, the court is not joking.
We should all know that the only courts to hold "outside the home" are the 7th CA and (for) now the 9th CA. I realize what you are saying, but it is what it is. Until the SCOTUS takes this up, the courts, by and large, have held to the exact outcome of Heller. It's called, Judicial Rebellion. Expect, Tuesday or Wednesday for a 28J letter to be filed explaining the 9th's detailed explanation of the right of self defense. Should I also mention that Alan Gura details this (except for the recent opinion of O'Scannlain) in his supplemental brief? |
February 18, 2014, 04:29 AM | #4 |
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Join Date: October 13, 2001
Posts: 3,355
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Typical 12-year-old reasoning by the lower courts. "But [SCOTUS], you only said A, not (obvious consequence) B... how was I supposed to know you meant B as well?"
I wish our judicial system would stop this nonsense, stop wasting so many resources, let everyone who's not a ward of the state carry a gun, and get on with cases that aren't so obvious. But no, that would mean rethinking preconceptions and prejudices and possibly going against the political current. We can't have that! Considerations like public opinion, precedent, political upsides and downsides must take precedence over obvious logic!
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“The egg hatched...” “...the egg hatched... and a hundred baby spiders came out...” (blade runner) “Who are you?” “A friend. I'm here to prevent you from making a mistake.” “You have no idea what I'm doing here, friend.” “In specific terms, no, but I swore an oath to protect the world...” (continuum) “It's a goal you won't understand until later. Your job is to make sure he doesn't achieve the goal.” (bsg) |
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