• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

KUCK and GOLDGERG CASES

Edward Peruta

Regular Member
Joined
Sep 3, 2007
Messages
1,247
Location
Connecticut USA
imported post

Notice has been received that both the Kuck and Goldberg caseswilll be on the docket for oral argumentat the 2nd Circuit Court of Appeals on September 17th 2009 at 10 am. These two cases have many issues regarding the second amendment, due process and incorporation.

Without question, I'll be in New York to listen.

The NRA and everyone who supports the 2nd amendment should be interested in these two cases.
 

Lenny Benedetto

Regular Member
Joined
Aug 20, 2008
Messages
470
Location
VP of CCDL, Inc., ,
imported post

Ed,

I just sent a link to Hartford courant pdf that explained how all this started, to all CCDL emails that I have.

Your link is loaded with info, I will be reading for sometime, I am sure.

Thanks

Lenny
 

dwayner79

Regular Member
Joined
Mar 10, 2009
Messages
76
Location
, ,
imported post

The Lover,

Please add dwayner79 at gmail dot com

I would like to see that link.

Thanks!
 

Lenny Benedetto

Regular Member
Joined
Aug 20, 2008
Messages
470
Location
VP of CCDL, Inc., ,
imported post

Ed,

I have just finished reading everything posted involving your case.

Now I am wondering what happened when your attorney returned to court on 4/15/09 ?

Are there any more court transcripts on your case ?

I see nothing dated on or after 4/15/09 on the YCGG website page that you linked to.

Lenny
 

ESCH

Regular Member
Joined
Jun 15, 2009
Messages
107
Location
, ,
imported post

Ed, I have followed the Kuck and Goldberg cases. I am wondering what the hearing for arguements is about? I believed the cases were concluded and the outcomes positive for both, except for the waste of time and money. I am interested in what the arguements are for.

I am also interested in the position of the declaritory ruling you requested regarding open carry. It appears to have hit a roadblock a few months ago. Is the issue dead, in limbo, or moving forward?

Any info would be appreciated.
 

Edward Peruta

Regular Member
Joined
Sep 3, 2007
Messages
1,247
Location
Connecticut USA
imported post

Kuck and Godberg were dismissed in Federal Court and are to be argued before the Second Circuit in New York. Issues involved 2nd amendment and due process and will have a great impact on other aspects if the @nd Circuit sends cases back to District Court.

Declaratory Ruling case was also dismissed on the belief by the Judge that I did not exhaust administrative remedies. State says I should have asked the Commissioner of DPS for a Declaratory Ruling. Ha Ha Ha.

Case will be appealed in State Appellate Court on grounds that Commissioner had oppurtunity to rule and resolve ambiguity in the implementation of firearms laws and failed to do so.

The Commissioner has a serious conflict of interest in addressing the issues now especially after the results in Goldberg's revocation case.

A positive decsion from the 2nd Circuit will go much further than a simple District Court decsion, so we are still in the game.
 

ESCH

Regular Member
Joined
Jun 15, 2009
Messages
107
Location
, ,
imported post

Thank you for the information and clarification. Is the hearing open to the public and if so where and at what time?
 

Edward Peruta

Regular Member
Joined
Sep 3, 2007
Messages
1,247
Location
Connecticut USA
imported post

I will be making hotel reservations in the city and will not be traveling on the day of the hearings. I wouldn't miss this for the world.

I don't know how long the oral argument will take, but believe it will be educational.

I believe there are others who will be making the trip into the city for this one.

My suggestion is for anyone wishing to attend is that they take the train into the city then bus, cab or subway to the Second Circuit.

edperuta@amcable.tv
 

romma

Regular Member
Joined
Jun 30, 2008
Messages
333
Location
Southeast, Connecticut, USA
imported post

I will be there possibly wearing aCCDL t-shirt.. I need to think about that first.

Any other CCDL members want to go? I will put out a request on FB later..
 

Lenny Benedetto

Regular Member
Joined
Aug 20, 2008
Messages
470
Location
VP of CCDL, Inc., ,
imported post

I could get the day off to head into the city! LOL!!

Got a train station real close to home. and the CCDL shirt would be a must!!

Unfortunately going into the cityand a court houseGUN STAYS HOME.
 

JUMPMASTER

Regular Member
Joined
Jul 25, 2008
Messages
241
Location
Plymouth, Connecticut, USA
imported post

I am planning on attending and I am asking anyone for pointers on how to get there. If I take Amtrak down to the City and then take a subway car how much is it and how do I do it? Do you have to make reservations and buy tickets before hand? Is it possible to get to the Courthouse by 10:00AM if I leave CT that morning? Since I have to leave my gun behind to travel to America's Greatest Wastehole does anyone want to go as a group?
 

GoldCoaster

Regular Member
Joined
Jun 24, 2008
Messages
646
Location
Stratford, Connecticut, USA
imported post

Mass transit is definitely the way to go. As a long time commuter into the city (no longer) here are my suggestions.

From CT Metro North Railroad New Haven line trains into Grand Central.

From there go downstairs and get a subway card (put a minimum amount on it, as you will only need a couple of trips $2.25 each way so $4.50 total) and get on one of the Lexington Avenue DOWNTOWN line trains (they have green numbers 4,5,6 but I'd go for a 4 or 5 as they are express.) Take the Lex down to Brooklyn Bridge, City Hall and then walk up Centre st to Pearl st and you should find the building.

http://www.mta.info/nyct/maps/lowermanhattan.pdf

Amtrak would be more expensive but from Penn Station get on a DOWNTOWN A train and you can take it all the way to Chambers street and then head East on Chambers street towards city hall and then head up to Pearl Street to the courthouse.

If being underground doesn't appeal to you - you can take a cab to the courthouse but it will cost more than the cost of a subway fare just to get in the cab.

I'd like to go to this also but I am going to be supporting our national sales meeting for the two weeks covering this date. So I'll expect a full report!

Robert
 

Edward Peruta

Regular Member
Joined
Sep 3, 2007
Messages
1,247
Location
Connecticut USA
imported post

With the recent decision rendered by the Second Circuit Court of Appeals in the case of Spinelli v. New York, I would imagine that the State is scrambling to find a valid argument.


The case was rendered by the Court on August 31, 2009 and sent notice to the attorneys in the Kuck and Goldberg cases asking for a rule 28 letter.

Interested indivdiduals following these cases should google Spinellie v. New York and read the case.
 

Searayj

New member
Joined
Sep 14, 2009
Messages
2
Location
, ,
imported post

I am very interested in these two cases, the outcome should be interesting! Interested also to see if civil suits follow to compensate for the damages and emotional distress! I post on a message board with the Chili's worker with whom the Goldberg case all started, and she posts about the case on that message board a lot. Not sure if that's wise on her part, but it has definitely sparked interest, not only in the outcome from a constitutional point of view, but the outcome as pertains to what the consequences of her actions will be to her.
 
Top