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Thread: What next after the expected Supreme Court Decision

  1. #1
    Regular Member
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    Sep 2007
    Connecticut USA

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    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 sohighlyunlikely's Avatar
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    Mar 2010
    Overland, Missouri, USA

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    It still could go either way Though it does seem to be leaning toward McDonald. Update in link.

  3. #3
    Campaign Veteran deepdiver's Avatar
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    Apr 2007
    Southeast, Missouri, USA

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    I don't think we will know 'what next' until we read the majority opinion. If they incorporate, how they incorporate, if it goes beyond just incorporating and essentially applying Heller to the entire nation or if it is more expansive, etc. could lead to vastly different "nexts" for us.
    Bob Owens @ Bearing Arms (paraphrased): "These people aren't against violence; they're very much in favor of violence. They're against armed resistance."

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