What next after the expected Supreme Court Decision

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SOMETHING TO CONSIDER:

Much has been discussed about the upcoming case to be argued on March 2, 2010.

The McDonald/Chicago case will decide if the Second Amendment is incorporated to the states and we all believe that there is a good chance that it will.

The questions we need to ask is WHAT NEXT?

Those that follow Federal Litigation on firearms know most of the cases that are discussed regularly here and on other Internet sites. (McDonald, Palmer, Nordyke , Sykes etc.)

But exactly howthese cases may effect the future rights of everyday citizens to sell, purchase, transfer, possess, store, transport or carry are yet to be litigated or reviewed in depth with Second Amendment protections considered.

I would like to predict here and now that the flood gates regardingall of these topics will be opened for challenge if the Supreme Courtrules that the Second Amendment is incorporated to the stateregardless of the reason or reasons why they do so.

Regardless of what happens, reasonable regulation of firearms will never be ruled unconstitutional and most of the future postMcDonald/Chicago cases will be filed to determine"REASONABLENESS"

On September 17th 2009, the Second Circuit Court of Appeals heard two combined cases out of Connecticut, they are referred to as the Kuck and Goldberg cases.

Kuck is: M. PETER KUCK, individually, and on behalf of others similarly situated v. Danaher

Goldberg is:JAMES F. GOLDBERG, individually and on behalf of others similarly situated v. Danaher

Goldberg also has another Federal case against the Town of Glastonbury, CT and their Police Department which is well into the discover phase of the litigation.

These two cases which have been flying under the discussion radar, (having already beenargued beforethe Second Circuit Court of Appeals), and may becomethefirst two Federal Appellate Court cases rendered and released post McDonald/Chicago and may begin the legal process ofclarifying the rights of gun owners in the future.

If anyone knows of anypending or new Federal Cases other thanthose mentioned, please postinformation with case names and the issues being addressed.

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and the issues being addressed.

Click to expand...

What are the issues being addressed by Kuck and Goldberg?

Carry? Posession? Concealment?

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Goldberg was arrested for Breach of Peace while carrying with a permit in a local Chili's Restaurant and the Charges were dismissed. His weapon and permit were seized at he time of his arrest.

The Charge was dismissed but the State would not reinstate his permit and the weapon was ordered destroyed.

The time involved in an appeal was in excess of 20 months.

After one year, the state police were faced with statements from Chili's employees who offered statements that Mr. Goldberg did nothing to cause fear or alarm.

Goldberg Filed two Federal Lawsuits one against the Town and local Police for arresting him without cause and one against the State Police for not returning his permit and making him wait for the hearing.

The Second Circuit audio paints an interesting picture.

The Kuck matter involved the right to renew an existing permit and demands by the state police that he produce a Birth Certificate, Passport or Voter Registration card prior to renewing. In other words they considered him to NOT be a citizen until her proved otherwise. Mr. Kuck is a long time member of the Connecticut Board of Firearms Permit Examiners and was appointed by the Governor.

Mr. Kuck's claim is that he should only have to provide the existing permit to receive a renewal and should not have to provide additional evidence of his status as a citizen.

Mr. Kuck also had to wait for any appeal which both claim is a violation of Due Process.

The courts will determine if individuals possess a property right in the permit and what time frame must be met in any revocation appeal process.


www.ccdl.us has a link to the Second Circuit Audio.

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Alan Gura already has another suit filed against D.C., this time for the right to carry a firearm for self defense.

http://voices.washingtonpost.com/local-opinions/2009/09/gun_owners_next_victory_in_dc.html