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Oral argument in Goldberg v. Glastonbury this Friday

Thos.Jefferson

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Mar 6, 2009
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just south of the river, Kentucky, USA
Scotus

After reading this thread and seeing with my own eyes the ruling of this idiotic "judge" I feel quite certain this case will wind up in the laps of the supremes. I only hope We still have a conservative majority still sitting by the time it winds its way up the hill.
 
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Alex.EastHartford.

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Will the NRA support this case? OR get involved? because the more support the better the outcome. this why i paid membership fee too protect my rights from these type of judges. I should not even pay too protect my rights. but its all for a cause. and you see the system is not backing us up. guys i'am just trying to help Mr.GOLDBERG. and he needs our support more than ever. CARRY ON!
 
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Edward Peruta

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Connecticut USA
12 Months earlier on September 17th 2009

Everyone needs to remember that the Second Circuit Court of Appeals in a related case inquired of the Assistant Attorney General if OPEN carry was legal in CT.

The Second Circuit is well aware of the fact that Connecticut's Constitution addresses the right to keep and bear arms.

Attorney Baird offered this fact to the three judge panel and they in fact asked several questions and made several statement regarding same in the appeal they were hearing in Goldberg v. Danaher on 9.17.09.

When the transcript of Friday's hearing is posted you will see that Attorney Rachel Baid did a fantastic job of presenting these issues to the court and preserved the issues for any appeal to the Second Circuit Court of Appeals.



So again, I am posting the issues that need to be appealed to the Second Circuit with mention of the discussions that took place before them in 2009.

As for the NRA or any other group getting involved to support this case, I can only suggest that EVERYONE with a permit to carry in CT has an interest in this case.

Here are the newly edited fact as I see them:

Keep these facts in mind for future reference
When the transcript is posted, consider these facts:

On June 21, 2007, there was no evidence of fear or alarm in the initial or subsequent 911 communications between the complainant and the Glastonbury Police Dispatch center employees.

On June 21, 2007, there were NO patrons seated in the closed dining area on the west (takeout) side of the restaurant.

On June 21, 2007, members of the Glastonbury Police Department embellished the true facts while documenting the events at chili’s and preparing their report on the incident.

On June 21, 2007, the female Glastonbury dispatch center employee demonstrating no concern over the situation during the original 911 call received, laughed when asked a question by the Chili’s manager, and then proceeded to end the call.

On June 21, 2007, it was well established police protocol to NOT hang up on a “MAN WITH A GUN” call.

On June 21, 2007, James Goldberg was conducting himself in a professional and legal manner during his time in Chili’s.

On June 21, 2007, James Goldberg immediately recognized and submitted to the authority of the arriving members of law enforcement and promptly announced the fact that he was in possession of a weapon and had a weapon and a permit to carry.

On June 21, 2007, after verifying that James Goldberg was in possession of a VALID Permit to Carry Pistols and Revolvers, should have immediately released him from custody, (during what they contend was a Terry Stop), based on the fact that there were, (on June 21, 2007), no posted signs or requests made by anyone employed by Chili's which therefore entitled him to carry the firearm OPENLY or CONCEALED at and in that location.

On June 21, 2007, and to this date, there are NO signs, or known corporate policies which prohibit the carrying of firearms in the Chili's in Glastonbury CT.

On June 21, 2007, the three responding members of the Glastonbury Police Department knew that OPENLY carrying a firearm by a person with a valid permit was permitted and legal under provisions of Connecticut law.

On June 21, 2007, well established provisions of the Connecticut General Statutes allowed for the issuance of a summons for Breach of Peace in the second degree without the need to take an accused into custody for processing.

On June 21, 2007, there was no provision contained in the Connecticut General Statutes which allowed for the seizure of a valid permit to be seized or confiscated by local law enforcement personnel.

On June 21, 2007, Terry v. Ohio was established case law regarding the circumstances under which a person may be approached, detained, and searched.

Regardless of whether or not Heller or McDonald had been decided, James Goldberg’s Second Amendment rights were in place, no different than those enjoyed by Mr. Maloney in Maloney v. Cuomo which was decided post McDonald on June 29, 2010.

P.S.
On June 21, 2007, the complainant manager of chili’s was so upset and alarmed that she asked the police if she could complete the sale of chicken wings to the accused prior to his being transported to the police station.
 
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JohnGalt

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Avon, CT, ,
sounds like maybe an open carry event is in order perhaps in the Glastonbury area...Hmmmm?

Judge Stefan Underhill is considered one of the smartest judges on the federal bench in Connecticut. He is very sharp. I will read the transcript when it is out but I have to say that -- in my opinion -- the brief written by Goldberg's attorneys was not very good. He absolutely needs a better brief with a more powerful presentation of the facts for appeal.
 

Lenny Benedetto

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Will the NRA support this case? OR get involved? because the more support the better the outcome. this why i paid membership fee too protect my rights from these type of judges. I should not even pay too protect my rights. but its all for a cause. and you see the system is not backing us up. guys i'am just trying to help Mr.GOLDBERG. and he needs our support more than ever. CARRY ON!

NRA???? ROFLMAO!!!!
Sorry about that I could not help it.
The NRA would never even waste thier time to know about this sort of thing.
It is not big enough for them and there is no national exposure for them to bask in.

Now if it does end up getting national exposure, you can bet that they will have some sort of spin put on it that makes it look like they knew about it and maybe that they even helped win the case!!!!

I am a member of the NRA and will continue to be one but I came to the "realization" about them a long, long time ago. They are nothing more than a business and they only get involved with things that are good for them (The disclosure act BS) or things that are big enough to help promote themselves (Heller, McDonald...) to keep people signing up and joining their wine club, auto insuarnce. cell phone plan and all the other crap they sell.
 

Edward Peruta

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Connecticut USA
This is the Goldberg Transcipt and decision from the Bench

Here is a link to the Goldberg transcript that was requested and received on an expedited basis for all to read.

This case is shocking and has widespread implications regarding police powers to stop anyone for anything if someone is alarmed or upset.

http://www.ctgunrights.com/00.Docs/09.17.10 Goldberg Trans.pdf

Under the theory expressed by the judge, the Muslim cleric in New York could have been and may be arrested for advocating a mosque in lower Manhattan at Ground Zero, or the minister in Florida could have been arrested for advocating the burning of the Koran. Both of these individuals have conducted themselves in a threatening manner which caused a public and hazardous or physically offensive condition...

This transcript needs to be circulated to as many firearm owners as possible and examined very closely with everyone asking "NOW WHAT".

An appeal will be filed with the Second Circuit in the very near future.

The entire involvement of the Glastonbury Police Department should have ended with the presentation of the VALID PERMIT TO CARRY PISTOLS AND REVOLVERS.
 

Leverdude

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May 14, 2009
Messages
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Norwalk, Connecticut, USA
Will the NRA support this case? OR get involved? because the more support the better the outcome. this why i paid membership fee too protect my rights from these type of judges. I should not even pay too protect my rights. but its all for a cause. and you see the system is not backing us up. guys i'am just trying to help Mr.GOLDBERG. and he needs our support more than ever. CARRY ON!



The NRA isn't a good tool for protecting our rights. Theyre too encumbered by connections to the same people trying to take them away. They are a training & event administering organization meant to promote efficiency & saftey in the shooting sports. CCDL, GOA & others like that are much better suited to fighting for your rights because they have no need to fear alienation like the NRA does.
 

Alex.EastHartford.

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Jun 9, 2010
Messages
112
Location
East Hartford, Connecticut, USA
CCDL members and gun owners should get together and go to GLASTONBURY and walk around in the city OPEN CARRY. and walk by CHILLES and don't OVERACT. in numbers we would be SEEM and this movement will be HEARD and no offence to no one. talking is one thing. but doing it is another. i 'am willing to meet anyone or group in glastonbury and i'am supporting this (Mr.GOLDBERG) case. CARRY ON!
 
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Ctclassic

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Mar 11, 2010
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Plainfield, CT, ,
I'll be there....Hey can anyone tell me why I have to read all this info on this website, and as HUGE a deal as this is, why the heck isn't this covered on the local TV/newspaper media...just a thought???
 

Leverdude

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Location
Norwalk, Connecticut, USA
Have any of these groups played a significant role in any of these cases? I am sure this is the next question.

In fairness CCDL wasn't around until pretty recently and I doubt either group, CCDL or GOA have much funds available for court defenses ect. How does a group decide which case to take? I'm pretty sure theres alot more guys lost permits for not breaking the law than just Mr Goldberg.
Where they can make a huge difference is regarding legislation. Thats where this needs to be adressed IMO. Our laws are vague & in many cases appear nonsensical. This is what leads to the misconceptions in their enforcement and I bet to a large degree these misconceptions are how they got passed originally.
 

Jellydonut

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Sep 8, 2010
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Connecticut
What good is legislation if the police enforce their own laws?

We need to support our law abiding citizens in the court rooms.

Why is it you think police enforce their own laws? Did they write the BOP statute? Did they rule on Terry vs Ohio? No. It's no surprise that the detention under Terry was valid as will be the PC for the arrest. OC means being responsible and respectful, using common sense.
 

Rich B

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Oct 13, 2009
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North Branford, Connecticut, USA
Why is it you think police enforce their own laws? Did they write the BOP statute?

No, but they have been active in trying to charge people with BoP for lawful open carry in direct defiance with the statute.

It's no surprise that the detention under Terry was valid as will be the PC for the arrest.

Then you understand less of the law than judge Underhill does.

OC means being responsible and respectful, using common sense.

I agree with this. That is exactly what James Goldberg did, and exactly what the Glastonbury police did not do.
 
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