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Thread: Goldberg Decision from Second Circuit Court of Appeals

  1. #1
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    Here is the Goldberg decision from the Second Circuit.



  2. #2
    Regular Member Douglas in CT's Avatar
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    GREAT NEWS!

    CONCLUSION
    For the foregoing reasons, the district court’s judgment is vacated and the case is remanded for further proceedings.

    :celebrate:celebrate:celebrate

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    Summary of the opinion, even though it's only 5 pages:

    The District Court erred in dismissing the case wholesale on a rule of local civil procedure. The District Court has to actually consider the case before we get a decision on the remaining arguments.

    While a win for Goldberg, this does little to advance gun rights. We'll have to see what happens in District Court first.

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    I'm not sure whether the District Court case was gun related or due process. In any case it will give Goldberg some time to perhaps benefit from any ruling in McDonald. (Should one apply)


    ETA: It was due process. Just rechecked the above posted decision.

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    The issues not addressed in Goldberg can be found in the Kuck decision, they were both argued together back on September 17, 2009.

    The court is silent on the Second Amendment claims made in Goldberg which I take as a good sign that they don't want to be overturned by McDonald.

    Obviously the state will have to make a decision on what to do now that the case has been resurrected by the Second Circuit.

    This case and Kuck clearly puts in question the delays at the Board of Firearms Permit Examiners.

    I'm sure that these cases will do much to change the Connecticut landscape regarding permit denials, revocations and delays associated with same.




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