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Gould v. Morgan (MA LTC-may issue)

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#1 press1280


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Posted 26 July 2018 - 04:43 PM

Oral arguments at the 1st Circuit were held yesterday. Two Obama judges were on the panel so it's kind of expected how this will end up.




But Plaintiff's attorney was on fire in his rebuttal, knocking down all the silly arguments by the state and sheriff's attorneys, as well as the judges.

#2 Euler


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Posted 26 July 2018 - 05:37 PM

Deja vu. I posted elsewhere on the issue in this case earlier today.

Basically, this case is how most people who apply for a license to carry (LTC) get it (even though MA is a may-issue state), but people who live in Boston (and Brookline) routinely get denied, especially if they're not doctors or lawyers. The LTC is good state-wide, so people who live in MA but don't live in Boston can carry in Boston. However, people who live in Boston can't carry anywhere. Boston's practice is effectively a carry ban, and the licensing law is unequally applied.

As for the oral arguments, I think the plaintiff's lawyer did a poor job responding to the judge's questions about what confrontations would not require a firearm for defense, as the Heller decision pointed out that not all confrontations require a firearm to resolve. The lawyer seemed focused on Heller meaning that people can't justifiably carry and use firearms to commit crimes. (A better argument is people can't justifiably use lethal force if their lives aren't in danger, because then it's a crime. So I don't think he made his point.) He did better during rebuttal of the defendants' oral arguments that banning guns in Boston makes everyone safer.

#3 chislinger


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Posted 27 July 2018 - 09:43 AM

The court needs a new sound guy.
"I'm not worried about following the U.S. Constitution." - Washington County, Alabama Judge Nick Williams

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