User Panel
Posted: 2/11/2015 2:11:23 PM EDT
https://www.scribd.com/doc/255462603/40-Mance-v-Holder-Memo-Opinion-and-Order
Enjoy. Memorandum Opinion and Order. Based on the foregoing, it is ORDERED that Defendants' Motion to Dismiss for lack of standing 15 is DENIED. It is FURTHER ORDERED that Plaintiffs' Motion for Summary Judgment 21 is GRANTED, and Defendants' Motion for Summary Judgment 15 is DENIED. Accordingly, the Court DECLARES that 18 U.S.C. § 922(a)(3), 18 U.S.C. § 922(b)(3), and 27 C.F.R. § 478.99(a) are UNCONSTITUTIONAL, and Defendants are ENJOINED from enforcing these provisions. The Court will issue its final judgment separately. (Ordered by Judge Reed C O'Connor on 2/11/2015) (ndt) (Entered: 02/11/2015) THIS IS NOT MY CASE |
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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. |
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Think this will be appealed or just let stand in the district it's in?
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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" |
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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 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. |
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IN before an appeal and some Liberal Federal District Judge overturns the decision!
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Nice.
Wonder how many of the "boo Texas" shit talkers from the OC thread(s) will show their face in here. |
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Didn't read it yet, how long until it's stayed pending appeal?
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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 |
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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. |
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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. |
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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. |
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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.
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What???? Something about gun rights and freedoms coming from anywhere in Texas. No way, No how as GD tells me otherwise constantly. |
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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. |
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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. |
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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 |
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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. |
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Does this means Ann Margret's not coming? http://ia.media-imdb.com/images/M/MV5BMTcxMzM1NjMyN15BMl5BanBnXkFtZTYwODg1OTQ2._V1_SY317_CR20,0,214,317_AL_.jpg View Quote No. She just came. |
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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?
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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. |
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So ordering a pistol from AIM Surplus could be shipped to my door?
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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? |
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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. |
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