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Posted: 2/11/2015 2:11:23 PM EDT
Link Posted: 2/11/2015 2:11:58 PM EDT
[#1]
What the fuck are we reading?

Link Posted: 2/11/2015 2:14:02 PM EDT
[#2]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
What the fuck are we reading?

View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
What the fuck are we reading?


This is all you need to know:

the Court finds thatDefendants’ Motion to Dismiss should be and is hereby
DENIED
. For the reasons that follow,Plaintiffs’ Motion for Summary Judgment is
GRANTED
, and Defendants’ Motion for SummaryJudgment is
DENIED

Eric Holder's (Defendant) request to dismiss this lawsuit has been DENIED, and the plaintiffs who sued him over gun rights had their motion granted.
Link Posted: 2/11/2015 2:14:09 PM EDT
[#3]
Justice.
Link Posted: 2/11/2015 2:14:32 PM EDT
[#4]
Linky no worky
Link Posted: 2/11/2015 2:15:24 PM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
What the fuck are we reading?

View Quote


Looks to me that the legal provision requiring handguns to be shipped to an FFL in state of residence is no more.
Link Posted: 2/11/2015 2:15:30 PM EDT
[#6]
Nice.
Link Posted: 2/11/2015 2:17:50 PM EDT
[#7]
Think this will be appealed or just let stand in the district it's in?
Link Posted: 2/11/2015 2:18:35 PM EDT
[#8]
I hate trying to read legal crap. This post pursuant to § 9990(b)(3)(6-2)(e=MC2) and 2732 C.F.R.D.G. § 47248.92349(a)(B00Bi3s) for the aforementioned motion by the pursuant body of the decree of the relevance to the gonad juice of the §8762387(a)(b)(Darmok and Gelad at Tenagra) for the §(68763.3298732.363) and §(192.168.152.44) and §(867-5309).


Every fucking law ever written should have a sentence at the top that says "This basically says blah blah blah"
Link Posted: 2/11/2015 2:19:07 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

This is all you need to know:


Eric Holder's (Defendant) request to dismiss this lawsuit has been DENIED, and the plaintiffs who sued him over gun rights had their motion granted.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
What the fuck are we reading?


This is all you need to know:

the Court finds thatDefendants’ Motion to Dismiss should be and is hereby
DENIED
. For the reasons that follow,Plaintiffs’ Motion for Summary Judgment is
GRANTED
, and Defendants’ Motion for SummaryJudgment is
DENIED

Eric Holder's (Defendant) request to dismiss this lawsuit has been DENIED, and the plaintiffs who sued him over gun rights had their motion granted.



so.. Eric Dickholder got legally bitch slapped? I'm good with that.
Link Posted: 2/11/2015 2:19:20 PM EDT
[#10]
IN before an appeal and some Liberal Federal District Judge overturns the decision!
Link Posted: 2/11/2015 2:19:47 PM EDT
[#11]
How far will this ruling go and how long will it take???
Link Posted: 2/11/2015 2:20:18 PM EDT
[#12]
interesting
Link Posted: 2/11/2015 2:20:30 PM EDT
[#13]
Nice.

Wonder how many of the "boo Texas" shit talkers from the OC thread(s) will show their face in here.
Link Posted: 2/11/2015 2:21:01 PM EDT
[#14]
Link Posted: 2/11/2015 2:21:07 PM EDT
[#15]
FEH...


IN THE FACE!!!

Link Posted: 2/11/2015 2:21:23 PM EDT
[#16]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I hate trying to read legal crap. This post pursuant to § 9990(b)(3)(6-2)(e=MC2) and 2732 C.F.R.D.G. § 47248.92349(a)(B00Bi3s) for the aforementioned motion by the pursuant body of the decree of the relevance to the gonad juice of the §8762387(a)(b)(Darmok and Gelad at Tenagra) for the §(68763.3298732.363) and §(192.168.152.44) and §(867-5309).


Every fucking law ever written should have a sentence at the top that says "This basically says blah blah blah"
View Quote



Link Posted: 2/11/2015 2:21:44 PM EDT
[#17]
Choke on it , you fucking slags!


Link Posted: 2/11/2015 2:21:45 PM EDT
[#18]
In before morons start writing ATF inquiring if it is ok to ship as outlined in the lawsuit.

Watch it go under like the SiG Brace issue.
Link Posted: 2/11/2015 2:23:12 PM EDT
[#19]
Does this means Ann Margret's not coming?  




 
Link Posted: 2/11/2015 2:23:18 PM EDT
[#20]
Nice.
Link Posted: 2/11/2015 2:23:24 PM EDT
[#21]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I hate trying to read legal crap. This post pursuant to § 9990(b)(3)(6-2)(e=MC2) and 2732 C.F.R.D.G. § 47248.92349(a)(B00Bi3s) for the aforementioned motion by the pursuant body of the decree of the relevance to the gonad juice of the §8762387(a)(b)(Darmok and Gelad at Tenagra) for the §(68763.3298732.363) and §(192.168.152.44) and §(867-5309).


Every fucking law ever written should have a sentence at the top that says "This basically says blah blah blah"
View Quote



Agreed, but then you would nullify the need for lawyers, and thus law makers & judges etc. which will never happen.
Link Posted: 2/11/2015 2:23:35 PM EDT
[#22]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Every fucking law ever written should have a sentence at the top that says "This basically says blah blah blah"
View Quote


The problem is always the edge cases.  A law that says "basically, AR-15s are banned" gets wonky when we're talking about the difference between an AR-15 and a MATCH SPORTER or a Bushmaster XM15-E.

ETA Heck, we were actually lucky that the Federal AWB didn't say "basically AR-15s are banned"; they were forced to define specific evil features that enabled ban-compliant rifles to be made.
Link Posted: 2/11/2015 2:24:09 PM EDT
[#23]
wait...what?
Link Posted: 2/11/2015 2:25:20 PM EDT
[#24]
tl;dr version.  Court applied strict scrutiny to infringements upon the Second Amendment.  FFL's can transfer handguns to out-of-state residents so long as they comply with the other rules (in person meeting, etc.) which apply to rifles and shotguns.
Link Posted: 2/11/2015 2:26:25 PM EDT
[#25]

What????
Something about gun rights and freedoms coming from anywhere in Texas.
No way, No how as GD tells me otherwise constantly.


Link Posted: 2/11/2015 2:27:16 PM EDT
[#26]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
tl;dr version.  Court applied strict scrutiny to infringements upon the Second Amendment.  FFL's can transfer handguns to out-of-state residents so long as they comply with the other rules (in person meeting, etc.) which apply to rifles and shotguns.
View Quote


Thank you for the summary.
Link Posted: 2/11/2015 2:27:48 PM EDT
[#27]
Finally... STRICT - FUCKING - SCRUTINY!
Link Posted: 2/11/2015 2:28:09 PM EDT
[#28]
Interesting.  Thanks OP.
Link Posted: 2/11/2015 2:28:51 PM EDT
[#29]
That will be awesome if this stands.
Link Posted: 2/11/2015 2:29:02 PM EDT
[#30]
for the TL;DR crowd:





FFL dealer sues because he can't transfer a handgun direct to residents of District of Columbia who can legally posses a gun in DC.  





"Because the Hansons could not immediately take possession, they declined to complete the transaction with Mance."  





So dealer lost business and sues for relief from the Federal Handgun Transfer Ban.




"Accordingly, the Court DECLARES that 18 U.S.C. § 922(a)(3), 18 U.S.C. § 922(b)(3), and27 C.F.R. § 478.99(a) are
UNCONSTITUTIONAL, and Defendants are ENJOINED from enforcing these provisions. The Court will issue its final judgment separately."

The beauty of this is that the case started in Fall of 2014 and already has findings less than 6 months later.  Oh that we could only hope that the Trust cases are as fast and successful.









Nolo, thanks for your work keeping us up to date on all things 2A legal.
 
Link Posted: 2/11/2015 2:30:32 PM EDT
[#31]
Link Posted: 2/11/2015 2:31:27 PM EDT
[#32]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I hate trying to read legal crap. This post pursuant to § 9990(b)(3)(6-2)(e=MC2) and 2732 C.F.R.D.G. § 47248.92349(a)(B00Bi3s) for the aforementioned motion by the pursuant body of the decree of the relevance to the gonad juice of the §8762387(a)(b)(Darmok and Gelad at Tenagra) for the §(68763.3298732.363) and §(192.168.152.44) and §(867-5309).


Every fucking law ever written should have a sentence at the top that says "This basically says blah blah blah"
View Quote


Star Trek fan spotted
Link Posted: 2/11/2015 2:33:39 PM EDT
[#33]
Very interesting.  
Link Posted: 2/11/2015 2:33:47 PM EDT
[#34]
Tagged for more info, and possible appeal.  

Thanks, Nolo!
Link Posted: 2/11/2015 2:34:36 PM EDT
[#35]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
tl;dr version.  Court applied strict scrutiny to infringements upon the Second Amendment.  FFL's can transfer handguns to out-of-state residents so long as they comply with the other rules (in person meeting, etc.) which apply to rifles and shotguns.
View Quote


Hmmm...How does that apply to the "comply with the laws of the other state" when the laws are something like Maryland's fingerprints, etc.   I'm guessing it will stay, but it will still make things interesting.  Assuming it stands.

ETA: Well well well - looks like that is void as well, as it's contained in the the articles voided.
Link Posted: 2/11/2015 2:34:40 PM EDT
[#36]
So... Did I understand that?
Link Posted: 2/11/2015 2:34:50 PM EDT
[#37]
Awesome sauce
Link Posted: 2/11/2015 2:36:10 PM EDT
[#38]
Link Posted: 2/11/2015 2:36:28 PM EDT
[#39]
Sorry.. Slow 13er here. Does this mean I can order a rifle/pistol from any FFL in the US without transferring it to a local FFL?
Link Posted: 2/11/2015 2:38:19 PM EDT
[#40]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Nice.

Wonder how many of the "boo Texas" shit talkers from the OC thread(s) will show their face in here.
View Quote


Nobody boo'ed Texas in those threads.

They pointed out, quite correctly, that OCT, basically gun owners and those who would benefit directly from the law had it passed, did everything in their power to ensure that OC in Texas was a colossal failure.

Nothing works like threatening politicians with violence if you don't get your way, amiright?

I wonder how Nolo's case would fare if he takes that strategy into the courtroom.
Link Posted: 2/11/2015 2:39:03 PM EDT
[#41]
So ordering a pistol from AIM Surplus could be shipped to my door?
Link Posted: 2/11/2015 2:39:52 PM EDT
[#42]
Hey Nolo...

Ok...so how does this potentially affect ME? Does this mean I can do a FTF sale to a guy in NC while I am a resident of VA? What's it really mean to Joe average?
Link Posted: 2/11/2015 2:40:40 PM EDT
[#43]
Link Posted: 2/11/2015 2:40:47 PM EDT
[#44]
in.gif
Link Posted: 2/11/2015 2:41:00 PM EDT
[#45]
After having thought about this, here is how I see this this playing out.

Eric Holder will say fuck that ruling and do things his own way anyway.
At least until he gets his replacement trained to pick up where he left off.
Link Posted: 2/11/2015 2:42:11 PM EDT
[#46]
Link Posted: 2/11/2015 2:42:26 PM EDT
[#47]




Discussion ForumsJump to Quoted PostQuote History
Quoted:





So ordering a pistol from AIM Surplus could be shipped to my door?
View Quote





No, but if you went to a gun show in a different state and bought a gun from an FFL there you can walk it with it instead of having it shipped to the FFL in your state.
 
Link Posted: 2/11/2015 2:43:00 PM EDT
[#48]
Link Posted: 2/11/2015 2:43:03 PM EDT
[#49]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Sorry.. Slow 13er here. Does this mean I can order a rifle/pistol from any FFL in the US without transferring it to a local FFL?
View Quote


No.
It would mean if I go to Kittery and want to buy a handgun, they wouldn't have to drive it over state lines and do the transfer in NH.
Link Posted: 2/11/2015 2:43:59 PM EDT
[#50]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
IN before an appeal and some Liberal Federal District Judge overturns the decision!
View Quote


If (when) appealed, this is going before the 5th Circuit.  Very conservative judges.  Probably a good court for this type of case from a pro-2nd Amendment perspective.
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