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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.
The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.

#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

#4 Charles Nichols


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Posted 04 November 2018 - 10:12 PM

Gould lost on Friday, November 2nd, because the court of appeals held that the “core right” in Heller is limited to the home saying, “To sum up, we hold that the core right protected by the Second Amendment is — as Heller described it — “the right of law-abiding, responsible citizens to use arms in defense of hearth and home.” 554 U.S. at 635. Public carriage of firearms for self-defense falls outside the perimeter of this core right.”
There is only one other SCOTUS Rule 10 court which has limited the Second Amendment “core right” to the home, the State of Maryland high court which held in 2011 “If the Supreme Court, in this dicta, meant its holding to extend beyond home possession, it will need to say so more plainly.” Williams v. State, 10 A. 3d 1167 – Md: Court of Appeals (2011) at 1177. (The Court of Appeals of Maryland is the supreme court of the U.S. state of Maryland.)
Attached File  Gould v. Morgan 17-2202-2018-11-02.pdf   76.8KB   56 downloads

#5 TomKoz


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Posted 04 November 2018 - 10:50 PM

OH I must have missed that in the 2A ....

.... the right to keep and bear arms IN THE HOME shall not be infringed !!

The Framers must have used invisible ink !!

Let’s pray Trump gets at least 1, maybe 2 or 3 more Supreme Court appointments!!
Stay Alert ... Stay Alive !!

#6 Soutsidr


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Posted 05 November 2018 - 04:17 PM

"...Public carriage of firearms for self-defense falls outside the perimeter of this core right.

I believe that things just outside the core, along the perimeter, are located at the fringe.
Where might a word with fringe as a root be found?

Edited by Soutsidr, 05 November 2018 - 04:22 PM.

#7 Hap


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Posted 05 November 2018 - 04:48 PM

Well, we do have all those "emanations and penumbras" from that other Supreme Court decision...

Ad utrumque paratus

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