Virginiaplanter
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imported post
The Opinion by the Judge was Issued Orally.
http://www.virginia1774.org/GMULawsuit.html
[align=left]15. July 31, 2009: The Judge issued an oral opinion on the entire case on the merits. A transcript of the opinion has been ordered and will be posted hopefully within the next 6 days as it must be transcribed. The following is the essence of the decision: [/align] [align=left]1) That the U.S. Const. amends. II & XIV and Va. Const. Art. I, § 13 are self-executing constitutional provisions.That Virginian's since the founding of Jamestown have had the right to keep and bear arms is unquestioned by Mr. DiGiacinto's expertise in the matter. 2) That GMU under the Strict Scruitny standard has the burden of proving a compelling state interest and the regulation must be narrowly tailored. That GMU has met its burden and its regulation is narrowly tailored. The judge cited Justice Scalia's remark's from Heller that schools and "sensitive" places etc. can be ruled off-limits also citing to Nordyke v. King, 563 F 3d. 439, 459 (9th Cir. 2009). 3) The judge also noted ACLU v. Mote, 423 F.3d 438 (4th Cir. 2005) from GMU's brief that Universities are not open to the public. 4) That count's II & III and the authority of the University to issue the regulation are barred by sovereign immunity. 5). That as stated in GMU's brief citing Peyton v. Williams, 206 Va. 595, 600 145 S.E. 2d 147, 151 (1965) that two intervening sessions of the General Assembly have occurred and that therefore the General Assembly has acquiesced to GMU's regulation. 6) Mr. DiGiacinto noted and gave to the court the 9th circuit's Order Vacating Nordyke v. King. The judge said it probably would not change the opinion. The Opinion by the judge will become final when the parties meet again on August 14, 2009 for the sole purpose of Signing an Order consistent with the opinion.
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[/align][align=left]This was written from memory and the transcript will be more accurate. To sum it up, the Second Amendment was Incorporated against Virginia and Va. Const. Art. I, § 13 was held to be self-executing and despite Virginia's clear history, the regulation passed the Strict Scrutiny standard and that Universities are not Open to the public and they may deny access to any non student.
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The Opinion by the Judge was Issued Orally.
http://www.virginia1774.org/GMULawsuit.html
[align=left]15. July 31, 2009: The Judge issued an oral opinion on the entire case on the merits. A transcript of the opinion has been ordered and will be posted hopefully within the next 6 days as it must be transcribed. The following is the essence of the decision: [/align] [align=left]1) That the U.S. Const. amends. II & XIV and Va. Const. Art. I, § 13 are self-executing constitutional provisions.That Virginian's since the founding of Jamestown have had the right to keep and bear arms is unquestioned by Mr. DiGiacinto's expertise in the matter. 2) That GMU under the Strict Scruitny standard has the burden of proving a compelling state interest and the regulation must be narrowly tailored. That GMU has met its burden and its regulation is narrowly tailored. The judge cited Justice Scalia's remark's from Heller that schools and "sensitive" places etc. can be ruled off-limits also citing to Nordyke v. King, 563 F 3d. 439, 459 (9th Cir. 2009). 3) The judge also noted ACLU v. Mote, 423 F.3d 438 (4th Cir. 2005) from GMU's brief that Universities are not open to the public. 4) That count's II & III and the authority of the University to issue the regulation are barred by sovereign immunity. 5). That as stated in GMU's brief citing Peyton v. Williams, 206 Va. 595, 600 145 S.E. 2d 147, 151 (1965) that two intervening sessions of the General Assembly have occurred and that therefore the General Assembly has acquiesced to GMU's regulation. 6) Mr. DiGiacinto noted and gave to the court the 9th circuit's Order Vacating Nordyke v. King. The judge said it probably would not change the opinion. The Opinion by the judge will become final when the parties meet again on August 14, 2009 for the sole purpose of Signing an Order consistent with the opinion.
[/align][align=left]----[/align][align=left]
[/align][align=left]This was written from memory and the transcript will be more accurate. To sum it up, the Second Amendment was Incorporated against Virginia and Va. Const. Art. I, § 13 was held to be self-executing and despite Virginia's clear history, the regulation passed the Strict Scrutiny standard and that Universities are not Open to the public and they may deny access to any non student.
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