Javascript Disabled Detected

You currently have javascript disabled. Several functions may not work. Please re-enable javascript to access full functionality.

5

Masciandaro Update

Started by blackhalo , Oct 20 2011 12:31 PM

Please log in to reply

19 replies to this topic

#1 blackhalo

Member

Members
77 posts

Joined:

11-January 11

Posted 20 October 2011 - 12:31 PM

http://www.scotusblo...for-gun-rights/

The Feds have filed an opposition brief, available here: http://sblog.s3.amaz...pp-10-11212.pdf

Back to top

#2 lockman

Member

Supporting Members Team
4,075 posts

Joined:

07-July 06

Posted 20 October 2011 - 02:21 PM

So now the Solicitor General is of the opinion that strict scrutiny applies only in the home. Since the reference in the Heller decision was an example, "such as in the home", then Mr. Solicitor please list all the other examples of places where strict scrutiny should apply? After all, "such as in the home" was only one such example. Or will he argue that in the home was the only place used as the example?

"We must, indeed, all hang together, or most assuredly we shall all hang separately."
-- Benjamin Franklin, 1776

Life Member NRA, ISRA, CCRKBA & SAF

Back to top

#3 stm

Member

Supporting Members Team
901 posts

Joined:

26-April 11

Posted 20 October 2011 - 03:23 PM

While it's not exactly what we want to hear, the Solicitor General's opinion could be used in our favor in Moore and Shepard. He seems to say that the circuit court tacitly agreed that the 2A applies outside the home, but that intermediate scrutiny applies. Illinois' complete ban outside the home cannot survive even intermediate scrutiny.

I don't agree with him, but I think it could bolster our case.

Tvandermyde, on 08 March 2013 - 09:40 AM, said:

yea everyone makes fun of the redneck till the zombies show up. . .

Back to top

#4 colt-45

Member

Members
1,776 posts

Joined:

29-April 11

Posted 20 October 2011 - 03:35 PM

stm, on 20 October 2011 - 03:23 PM, said:

While it's not exactly what we want to hear, the Solicitor General's opinion could be used in our favor in Moore and Shepard. He seems to say that the circuit court tacitly agreed that the 2A applies outside the home, but that intermediate scrutiny applies. Illinois' complete ban outside the home cannot survive even intermediate scrutiny.

I don't agree with him, but I think it could bolster our case.

well you can see that this is what the judge in our case was waiting for. so our case is shot to hell. cause these idiots judges don't care about our right's so there you have it our ruling for Illinois. :thumbsup:

Back to top

#5 snubjob

Member

Members
493 posts

Joined:

07-April 11

Posted 20 October 2011 - 04:04 PM

colt-45, on 20 October 2011 - 03:35 PM, said:

stm, on 20 October 2011 - 03:23 PM, said:

While it's not exactly what we want to hear, the Solicitor General's opinion could be used in our favor in Moore and Shepard. He seems to say that the circuit court tacitly agreed that the 2A applies outside the home, but that intermediate scrutiny applies. Illinois' complete ban outside the home cannot survive even intermediate scrutiny.

I don't agree with him, but I think it could bolster our case.

well you can see that this is what the judge in our case was waiting for. so our case is shot to hell. cause these idiots judges don't care about our right's so there you have it our ruling for Illinois. :thumbsup:

Yep. Pretty big setback.

Back to top

#6 colt-45

Member

Members
1,776 posts

Joined:

29-April 11

Posted 20 October 2011 - 04:06 PM

snubjob, on 20 October 2011 - 04:04 PM, said:

colt-45, on 20 October 2011 - 03:35 PM, said:

stm, on 20 October 2011 - 03:23 PM, said:

While it's not exactly what we want to hear, the Solicitor General's opinion could be used in our favor in Moore and Shepard. He seems to say that the circuit court tacitly agreed that the 2A applies outside the home, but that intermediate scrutiny applies. Illinois' complete ban outside the home cannot survive even intermediate scrutiny.

I don't agree with him, but I think it could bolster our case.

well you can see that this is what the judge in our case was waiting for. so our case is shot to hell. cause these idiots judges don't care about our right's so there you have it our ruling for Illinois. :thumbsup:

Yep. Pretty big setback.

and i don't think they will stop there either.

Back to top

#7 stm

Member

Supporting Members Team
901 posts

Joined:

26-April 11

Posted 20 October 2011 - 04:14 PM

I don't think its going to impact our cases negatively at all. First, this is only the Solicitor General's opinion, he's just a government lawyer, not a judge. Secondly, he admits that there is a 2A right outside the home, which is our argument in the Moore and Shepard cases. Lastly, he says it is subject to intermediate scrutiny. SCOTUS said in Heller that a complete ban cannot survive *any* level of scrutiny. We'd rather have strict scrutiny, but even under intermediate scrutiny, we should win. At least that's what Gura and our other attorneys are arguing.

Edited by stm, 20 October 2011 - 04:17 PM.

Tvandermyde, on 08 March 2013 - 09:40 AM, said:

yea everyone makes fun of the redneck till the zombies show up. . .

Back to top

#8 colt-45

Member

Members
1,776 posts

Joined:

29-April 11

Posted 20 October 2011 - 04:30 PM

stm, on 20 October 2011 - 04:14 PM, said:

I don't think its going to impact our cases negatively at all. First, this is only the Solicitor General's opinion, he's just a government lawyer, not a judge. Secondly, he admits that there is a 2A right outside the home, which is our argument in the Moore and Shepard cases. Lastly, he says it is subject to intermediate scrutiny. SCOTUS said in Heller that a complete ban cannot survive *any* level of scrutiny. We'd rather have strict scrutiny, but even under intermediate scrutiny, we should win. At least that's what Gura and our other attorneys are arguing.

i hope it don't, that just didn't set with me right when you said it will bolster our case. so think i have my took your statement the wrong way than. sorry for the ramp than.

Edited by colt-45, 20 October 2011 - 04:31 PM.

Back to top

#9 abolt243

Tim Bowyer

Moderator
10,858 posts

Joined:

30-April 07

Posted 20 October 2011 - 04:35 PM

colt-45, on 20 October 2011 - 04:30 PM, said:

stm, on 20 October 2011 - 04:14 PM, said:

I don't think its going to impact our cases negatively at all. First, this is only the Solicitor General's opinion, he's just a government lawyer, not a judge. Secondly, he admits that there is a 2A right outside the home, which is our argument in the Moore and Shepard cases. Lastly, he says it is subject to intermediate scrutiny. SCOTUS said in Heller that a complete ban cannot survive *any* level of scrutiny. We'd rather have strict scrutiny, but even under intermediate scrutiny, we should win. At least that's what Gura and our other attorneys are arguing.

i hope it don't, that just didn't set with me right when you said it will bolster our case. so think i have my took your statement the wrong way than. sorry for the ramp than.

"Bolster = to add to, support, or uphold (sometimes followed by up): They bolstered their morale by singing. He bolstered up his claim with new evidence."

And, I assume you mean rant.

Are you a member of the ISRA?? If not, why not?? Join over 18,000 other Illinois gun owners in the fight for your rights!!!

The Roman Empire fell due to a large, corrupt government, overspending, an overextended military, insecure borders, and the illegal immigration of Goths, barbarians (anyone who was not educated), and religious fanatics. Sound familiar?

"..it does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds.."
--Samuel Adams

Luke 11:21 - "When a strong man, fully armed, guards his own house, his possessions are undisturbed." NASB

Back to top

#10 colt-45

Member

Members
1,776 posts

Joined:

29-April 11

Posted 20 October 2011 - 04:45 PM

abolt243, on 20 October 2011 - 04:35 PM, said:

colt-45, on 20 October 2011 - 04:30 PM, said:

stm, on 20 October 2011 - 04:14 PM, said:

I don't think its going to impact our cases negatively at all. First, this is only the Solicitor General's opinion, he's just a government lawyer, not a judge. Secondly, he admits that there is a 2A right outside the home, which is our argument in the Moore and Shepard cases. Lastly, he says it is subject to intermediate scrutiny. SCOTUS said in Heller that a complete ban cannot survive *any* level of scrutiny. We'd rather have strict scrutiny, but even under intermediate scrutiny, we should win. At least that's what Gura and our other attorneys are arguing.

i hope it don't, that just didn't set with me right when you said it will bolster our case. so think i have my took your statement the wrong way than. sorry for the ramp than.

"Bolster = to add to, support, or uphold (sometimes followed by up): They bolstered their morale by singing. He bolstered up his claim with new evidence."

And, I assume you mean rant.

i'm so mad i cant even type, but yea rant. i just need to wait before i comment on things now,so it can be more explain better. sorry guys

Back to top

#11 stm

Member

Supporting Members Team
901 posts

Joined:

26-April 11

Posted 20 October 2011 - 07:41 PM

colt-45, on 20 October 2011 - 04:45 PM, said:

i'm so mad i cant even type, but yea rant. i just need to wait before i comment on things now,so it can be more explain better. sorry guys

Not a problem, I understand how you feel sometimes.

Tvandermyde, on 08 March 2013 - 09:40 AM, said:

yea everyone makes fun of the redneck till the zombies show up. . .

Back to top

#12 Drylok

Member

Members
6,991 posts

Joined:

15-February 08

Posted 20 October 2011 - 08:43 PM

Here's how I'm starting to handle these court cases. The OP was posted at 1:30 this afternoon and Todd, AB, Don or Molly have yet to comment so that means this is NBDD. Just relax

"A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise and independence to the mind. Games played with the ball, and others of that nature, are too violent for the body and stamp no character on the mind. Let your gun therefore be your constant companion of your walks"
-Thomas Jefferson-

Now two flags fly above my land that really sum up how I feel. One is the colors that fly high and proud the red, the white, the blue. The other ones got a rattle snake with a simple statement made, don't tread on me, is what it says and I'll take that to my grave
-Aaron Lewis-

Back to top

#13 colt-45

Member

Members
1,776 posts

Joined:

29-April 11

Posted 20 October 2011 - 09:21 PM

Drylok, on 20 October 2011 - 08:43 PM, said:

Here's how I'm starting to handle these court cases. The OP was posted at 1:30 this afternoon and Todd, AB, Don or Molly have yet to comment so that means this is NBDD. Just relax

good idea will do.Drylok

Back to top

#14 Molly B.

IllinoisCarry spokesperson

Moderator
8,357 posts

Joined:

18-April 05

Posted 17 November 2011 - 07:58 PM

Drylok, on 20 October 2011 - 08:43 PM, said:

Here's how I'm starting to handle these court cases. The OP was posted at 1:30 this afternoon and Todd, AB, Don or Molly have yet to comment so that means this is NBDD. Just relax

Actually I think this one could be a pretty big deal. it will be very interesting to see if the Supreme court decides to hear this one.

"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

Back to top

#15 blackhalo

Member

Members
77 posts

Joined:

11-January 11

Posted 18 November 2011 - 05:21 AM

The case is docketed for conference on Nov. 22: SCOTUS Docket 10-11212

Back to top

#16 blackhalo

Member

Members
77 posts

Joined:

11-January 11

Posted 18 November 2011 - 05:26 AM

"Generally, if a case is considered at a Conference, viewers can expect that the disposition of a case will be announced on an Orders List that will be released at 10:00 a.m. the following Monday." SCOTUS