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Wednesday 4/17/2024, a number of filings were made by both sides: 92 - REPLY by Plaintiffs Benjamin Schoenthal, Joseph Vesel, Douglas Winston, Mark Wroblewski to response in opposition to motion 86, memorandum in opposition to motion 84, motion for summary judgment 69 (Attachments: # 1 Exhibit A - 1 LAWS OF NEW YORK (Websters & Skinner 2d ed. 1807) (corrected), # 2 Exhibit B - JOURNAL OF THE HOUSE OF DELEGATES OF THE COMMONWEALTH OF VIRGINIA (Richmond, Thomas W. White 1828) (corrected), # 3 Exhibit C - Plaintiffs' F.R. Civ. P. 26 Initial Disclosures)(Sigale, David) (Entered: 04/17/2024) Main Document, Exhibit A - 1 LAWS OF NEW YORK (Websters & Skinner 2d ed. 1807) (corrected), Exhibit B - JOURNAL OF THE HOUSE OF DELEGATES OF THE COMMONWEALTH OF VIRGINIA, Exhibit C - Plaintiffs' F.R. Civ. P. 26 Initial Disclosures 93 - RULE 56 F.R. Civ. P. 56(c)(1)(A),(B); L.R. 56.1(c)(2) Statement by Benjamin Schoenthal, Joseph Vesel, Douglas Winston, Mark Wroblewski regarding motion for summary judgment 63 (Response To State Defendants' SJ Statement of Additional Material Facts) (Dkt. #83)) (Sigale, David) (Entered: 04/17/2024) Main Document 94 - REPLY by Rick Amato, Robert Berlin, Kwame Raoul, Eric Rinehart to MOTION by Defendants Rick Amato, Robert Berlin, Eric Rinehart, Kwame Raoul for summary judgment 63, response in opposition to motion,, 87 (Freilich Jones, Isaac) (Entered: 04/17/2024) Main Document 95 - REPLY by Defendant Kimberly M. Foxx to motion for summary judgment 67 in Support of Motion (Scheller, Jessica) (Entered: 04/17/2024) Main Document
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I forgot floating clowns in the list.
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That would clearly be too expensive to implement. They will instead ban purchase, sale, transfer, carry, possession, manufacture, spindling, and mutilation within 3 miles of any trashcan, dustbin, garbage disposal, dumpster, dump, waste management facility or transport, gutter, sewer, storm drain, or manhole. We're not taking anyone's guns away.
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Judge Hamilton: "You agree that you are asking for a declaration, in one form or another, that the defendant's product is a machine gun under the National Firearms Act" Lawyer: "We actually, in neither of the complaints, actually in the declaratory relief specifically ask.. " Judge Hamilton: "You are alleging that that's what they are and that's one of the reasons why the marketing campaign is deceptive." Lawyer: "That is correct" Judge Hamilton: "I don't want to quibble on this. So, first of all, the theory is that millions of Americans are committing a crime by possessing those products, correct? Lawyer: *stammers* "I I I I don't think the... I mean.. that is certainly a defense." Judge Hamilton: "That is the logical consequence of the argument you are making, Correct?" Lawyer: "Correct."
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William Kirk's discussion of this suit:
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On Monday, 3/25/2024, Cross motions by the Plaintiffs and Defendants opposing each other's Summary Judgement motions were filed: State Parties’ Opposition to Plaintiffs’ Motion for Summary Judgment 2024.03.25_084_State_D's_Opposition_to_P's_(PFC)_MSJ.pdf Defendant Foxx’s Response in Opposition to Plaintiffs’ Motion for Summary Judgement 2024.03.25_086_D_Foxx's_Opposition_to_P's_(FPC)_MSJ.pdf Plaintiffs’ Combined Opposition to Defendants’ Cross-motions for Summary Judgment 2024.03.25_087_P's_(FPC)_Opposition_to_D's_MSJ.pdf
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and it certainly cannot contradict the law itself, nor restrict how prosecutors interpret it.