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Thread: An interesting Federal Court decision

  1. #1
    Regular Member The Wolfhound's Avatar
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    An interesting Federal Court decision

    http://ia800902.us.archive.org/4/ite...32180.42.0.pdf

    Is this the end of Corps of Engineers prohibitions nationwide? A quick scan appears so.
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    Good decision. It has applicability beyond Idaho (and Virginia). It should be moved to General Discussion.


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    I put this in general and someone moved it to Idaho. Here's the link: http://forum.opencarry.org/forums/sh...d.php?t=119635

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    Mods here spend way too much time doing stuff they shouldn't, and not enough time doing things they should!


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    Regular Member FBrinson's Avatar
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    Quote Originally Posted by eye95 View Post
    Mods here spend way too much time doing stuff they shouldn't, and not enough time doing things they should!
    <o>
    Same could be said for a few posters, too.

    B.O.T.: Good decision, IMO.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by eye95 View Post
    Mods here spend way too much time doing stuff they shouldn't, and not enough time doing things they should!


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    When you own and operate your own site, you are the determining factor.

    Here not so much, if at all. Let's not go down that road again.
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    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by eye95 View Post
    I am free to comment. You are free to do whatever you will about it--including choosing to ignore all criticism. I suspect you will take some official action, but as usual, I really don't care if you do.


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    Could we get back to the discussion about the court decision?

    I think we all agree it's a good one. As things stand now, it only applies to the District of Idaho. And not really, as it is only a preliminary injunction against the Corps of Engineers from enforcing thjeir No Guns regs until the case actually goes to trial and a decision is reached there.

    Then we can expect an appeal to the 9th Circuit - which has had more decisions overturned by SCOTUS than any other Circuit.

    For a few comments, look here: http://armsandthelaw.com/archives/20...i.php#comments

    So - hold our breath? No. Watch with interest? Yes.

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    It is one that will have broad effect beyond Idaho (and Virginia). The Corps of Engineers have land and water all over the US.


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    I seen other decisions at the lower levels that disagree with the powers to be.

    It seems their first response to it is, it only applies in that jurisdiction.

    If is some thing they like they tend to use the lower decision to push for changes across the country.

    I don't see the Corps changing anything besides in this courts jurisdiction.

    We well see
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    It can only be immediately enforced within that jurisdiction. However, the case, while not controlling, is compelling in other jurisdictions.


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    Regular Member Repeater's Avatar
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    Quote Originally Posted by Firearms Iinstuctor View Post
    I seen other decisions at the lower levels that disagree with the powers to be.

    It seems their first response to it is, it only applies in that jurisdiction.

    If is some thing they like they tend to use the lower decision to push for changes across the country.

    I don't see the Corps changing anything besides in this courts jurisdiction.

    We well see
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    Regular Member TFred's Avatar
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    Quote Originally Posted by Repeater View Post
    This happened to a friend of a friend of mine. 15 year old kid in Connecticut. He was an "aspiring videographer", took his camera with him everywhere... got wind of a fight that was going to be happening at school, and he filmed it. During the course of the investigation, he turned the film over to the cops. Despite the local officer not considering him for a crime, days later, they arrested him, and he eventually spent the better part of a YEAR in jail. Unjustly tried as an adult as some sort of an accomplice. Exposed much corruption in the Connecticut judicial system.

    15 Year Old Boy Sentenced and Convicted as Adult for Videotaping a Fight

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    Last edited by TFred; 01-15-2014 at 12:51 AM.

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    TFred, that is precisely the point of not talking to the police. If you don't, you may be hassled (probably illegally) as Primus points out. If you do, you run the risk, small but extremely consequential, of helping the cops and DA arrest and convict you of something you don't even realize has been legislated into crimehood.


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    Quote Originally Posted by eye95 View Post
    It can only be immediately enforced within that jurisdiction. However, the case, while not controlling, is compelling in other jurisdictions.


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    Right. A violation of the injunction in Virginia would be a basis for a rule to show cause in the USDC in which the injunction was granted.
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