February 9, 2012, 12:22 AM | #1 | ||||||||
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Hightower v. Boston
It's time for it's own thread.
If you are not familiar with this case, I suggest you search the Current 2A Cases (#36 - post #3) thread (yes, you can search the individual threads): http://thefiringline.com/forums/showthread.php?t=416973 As I reported (in the linked thread, above), the opening brief at the 1st Circuit was filed. Several times I have said that the whole thing at the District Courts was to develop the relevance of the right to bear arms; That the pleadings at District Court were not to that court at all, but to the Circuits and to the Supreme Court. In the opening brief of Hightower v. Boston, at the 1st Circuit Court of Appeals, we see the culmination of developing this record (in the following quotes, I will be referring to the PDF page and not the document page). Alan Gura starts off, in his Summary of the Argument with this (pp 34): Quote:
Mr. Gura starts his formal argument and turns to the issue of standing and shows where the court below is just plain wrong on the law and facts (pp 37): Quote:
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In part IV of the brief (pp 62), Mr. Gura then begins his attack via the prior restraint argument (using 1A analogs). This sets up the laws as interpreted under MA statute. Gura then addresses the MA "suitability" requirement (pp 69). This is also liberally to be interpreted towards any "may issue" system where the applicant must prove the need (NY, CA, MD, etc.): Quote:
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Expect to see this several times (albeit in reworded format, specific to the laws being challenged) in the coming months, as the lessor courts yield to the Appellate Courts. |
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February 9, 2012, 06:58 AM | #2 | |
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Thanks Al. I really do appreciate the way you break it all down to simple non-lawyer speak for us.
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February 9, 2012, 08:24 AM | #3 |
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Ok, now we just need someone with deep pockets to challenge the "may issue" bs of NJ.
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February 9, 2012, 08:47 AM | #4 |
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I think Gura is currently establishing in the court system the right to carry in public. Once that is done, I'm pretty sure there will be a wave of cases concerning may-issue, which will be fantastic to watch because I'm sure states like NJ will fight them and not settle. :-)
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February 9, 2012, 10:11 AM | #5 |
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tet4, I agree. And California will also be one of those fighting. It will be interesting to see how this all plays out in the other Circuit Courts of Appeals.
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February 9, 2012, 11:10 AM | #6 |
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This could get to be a gold mine for RKBA organizations. How totally fun.
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February 9, 2012, 02:15 PM | #7 | |
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April 11, 2012, 11:32 PM | #8 |
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Today, the State has filed its response.
And just what do the esteemed attorneys for the State of MA have to say? "There is no right to carry in public, and even if there were, the State has an overriding authority to keep unsuitable people from carrying in public. Who is unsuitable? Why, those people that are irresponsible! And besides, the issue isn't ripe because Hightower never availed herself of any of the State sanctioned methods of redress." And so on and so forth. In two weeks, we will see the reply. I can hardly wait to see this one. |
April 12, 2012, 09:37 PM | #9 | |
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April 13, 2012, 08:40 AM | #10 | |
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April 13, 2012, 09:38 AM | #11 | |
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NRA Chief Range Safety Officer, Home Firearms Safety, Pistol and Rifle Instructor “Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life......” President John F. Kennedy |
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April 13, 2012, 12:15 PM | #12 |
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Since we still have a militia clause, I believe it, not the state of Massachusetts, will ultimately define the margins of which weapons are protected and for what purpose.
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May 1, 2012, 10:50 PM | #13 | ||
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Quote:
There are some real zingers in this brief, such as this, on pp 21 of the pdf: Quote:
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May 1, 2012, 10:57 PM | #14 | |
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Gura is not pulling his punches, is he? |
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May 1, 2012, 11:07 PM | #15 |
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No. He is at the appellate level and is going for the jugular.
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May 2, 2012, 08:25 AM | #16 |
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As always, thanks for keeping us posted, Al. It's a huge help for us. I have looked around and can't seem to find the Appellant's opening brief. Do you happen to know where I can find it?
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May 2, 2012, 09:00 AM | #17 |
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We didn't have a separate thread, originally... So the opening brief was filed in the Current 2A Cases thread.
Here you go: http://thefiringline.com/forums/atta...chmentid=78490 |
May 2, 2012, 09:41 AM | #18 | |
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OK, I tried to follow your link, Al. And that didn't work at all:
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May 2, 2012, 10:37 AM | #19 |
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I found it, CowTowner. Here: http://comm2a.org/images/PDFs/highto...peal_brief.pdf
Thanks again, Al.
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May 2, 2012, 10:41 AM | #20 |
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May 2, 2012, 11:11 AM | #21 |
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Thanks Spats!
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May 3, 2012, 08:44 AM | #22 |
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"This could get to be a gold mine for RKBA organizations. How totally fun."
Not exactly. Alan Gura spoke at my school, and while I was talking to him after his presentation it came out that he is not making a ton of money out of these lawsuits. |
May 3, 2012, 11:40 AM | #23 |
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I don't have a clue as to why that link won't open the PDF for you, CowTowner.
For anyone else, here is the link to the actual post were it was attached: http://thefiringline.com/forums/show...29#post4949529 |
May 13, 2012, 12:37 PM | #24 | |
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Quote:
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June 6, 2012, 04:31 PM | #25 |
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The MP3 (18MB) of the Hightower orals are out. http://www.ca1.uscourts.gov/files/audio/11-2281.mp3, although you may need to go here, http://www.ca1.uscourts.gov/files/audio/audiorss.php to get the file (near the bottom of the page).
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alan gura , boston , hightower , saf , second amendment |
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