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Thread: What next after the expected Supreme Court Decision

  1. #1
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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.

  2. #2
    Regular Member Thundar's Avatar
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    Ed those cases were argued in September 2009 and still no decision, right?

    Wasn't the part of this case that brought it to the Federal Court a due process issue?
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

  3. #3
    Regular Member 4angrybadgers's Avatar
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    OP, just why did you post this in at least a dozen state forums? Put one post in one forum, there is no need for such duplication and spam.

  4. #4
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    4angrybadgers wrote:
    OP, just why did you post this in at least a dozen state forums? Put one post in one forum, there is no need for such duplication and spam.
    I specifically placed this posting in the states where there is a U.S. District Court of Appeals.

    Many individuals who post to this message board don't visit or post to areas outside there individual states or areas of the country.

    I am looking for information on ANY cases currently filed in Federal Courts that involve the Second Amendment or firearms issues.

    Sorry if you're offended.

    I believe you can unwatch the areas where I posted the information.

  5. #5
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    Thundar wrote:
    Ed those cases were argued in September 2009 and still no decision, right?

    Wasn't the part of this case that brought it to the Federal Court a due process issue?

    The cases were filed at the District Court level in late 2007 and dismissed.

    Appeals were filed, the cases combined and jointly argued to the Second Circuit on September 17, 2009.


    Currently awaiting a decsion from the Court who may be waiting for the McDonald/Chicago decision.


    NRA has contributed to the legal fees and costs as of January of this year.

    Both cases involve Due Process.

    The Goldberg case in addition to carry issues has a directopen carry element which became a heated topic between Judge Straub and the Assistant Attorney General when being argued.

    The Audio of the Second Circuit coral argument is posted and canbe heard at http://www.ccdl.us




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