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NRA Calls Out DOJ

Outdoorsman1

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EXCELLENT...... YEEEE HAAAWWW.......:banana: :banana: :banana: :banana:

It is obvious "they" will not listen to us, so MAYBE they will listen to the NRA...

I also like all the "cc's" at the bottom of the letter....

Thanks for posting and making my day....

Outdoorsman1
 
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HandyHamlet

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To all the DOJ fan boys. :p

Nice post dude!

Love the bit about the DOJ demanding hands on training. So my Utah permit class would NOT meet the DOJs illegal tampering with state law. Interesting. Good thing I took the NRA course too. Just to be sure.


So Paul. Can your upcoming lawsuit(s) against the DOJ be class action? Or did we cover this already? Or should I just wait for WCInc to file?
 

Outdoorsman1

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Snip...

Mr. H. Hamlet wrote....

So Paul. Can your upcoming lawsuit(s) against the DOJ be class action? Or did we cover this already? Or should I just wait for WCInc to file?


From what I have read, Paul's "lawsuit" will be regarding the DOJ not accepting the Maryland Online Course as meeting the requierments already listed. If you are going to use either your Utah Permit or the NRA Basic Pistol Certificate then you would be exempt from any class action filed (unless the DOJ rejects them as well).

As IANAL, and aslo IANPF, I as always, could be wrong.... But hey.. it sounded good in my brain....

Maybe I missed my calling... either a lawyer or a bullshi+er.... or I suppose they could be one in the same....

Outdoorsman1
 
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Interceptor_Knight

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Love the bit about the DOJ demanding hands on training. ...

Looks like the NRA is going to be eating some crow when the admin code is released. The DOJ IS NOT going to require "hands on" firearms training. Act 35 explicitly forbids this. What the DOJ is planning to require is "face-to-face" training. Apples with Astronauts....
There was never a doubt that any NRA firearms training would qualify.
 
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HandyHamlet

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Snip...

But hey.. it sounded good in my brain....



Outdoorsman1

10-4 good buddy.

I guess I'll start my own lawsuit. Or wait for WCInc?

175.60(2)(b)

The department [of justice] may not impose conditions, limitations, or requirements that are not expressly provided for in this section on the issuance, scope, effect or content of a license.

Seems like it's written in English to me.
 

Outdoorsman1

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Snip...

The Honerable Mr. H. Hamlet wrote....

I guess I'll start my own lawsuit. Or wait for WCInc?

Hey if you need representation just let me know... I am thinking about embarking on a new profession (had trouble spelling career)... I can see it now.... Me on TV with one of the honerable lawyer commercials... Call 1-800-BULLSHI+ to speak directly to my voice mail... Outdoorsman1 for all your legal needs... I may not be licensed , but I don't care if you don't care.....

Outdoorsman1
 
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Interceptor_Knight

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10-4 good buddy.

I guess I'll start my own lawsuit. Or wait for WCInc?

175.60(2)(b)

The department [of justice] may not impose conditions, limitations, or requirements that are not expressly provided for in this section on the issuance, scope, effect or content of a license.

Seems like it's written in English to me.

175.60(2)(b) is not violated by requiring face-to-face training or specific information from being present on a "proof of training" certificate.
 

LaBomba

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175.60(2)(b) is not violated by requiring face-to-face training or specific information from being present on a "proof of training" certificate.

It's not necessarily violated, but it does give DOJ the burden of showing that every requirement it imposes is authorized by a duty the statute assigns to DOJ. And I haven't found anything in DOJ's authority under Act 35 that would justify a face-to-face training requirement.
 

Outdoorsman1

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Silver Lake WI
Snip...

I don't care if you don't care.....

Copied the right way.....

I don't care if you don't care.....

There.. consider it copy righted.... Thanks for the suggestion...'

As you will be my first client I will work Pro-Bono (Just DO NOT ask me to work Chaz Bono)( where is the hurling smiley when you need him).....as my fee compensation will be the vast word of mouth to future customers that you will be able to amply provide...

Outdoorsman1
 
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HandyHamlet

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One thing I do have is a big mouth.

And since it is time for my mid afternoon nap I think a little music is in order.

For your listening pleasure...

[video=youtube;I5YeIiLkhnc]http://www.youtube.com/watch?v=I5YeIiLkhnc[/video]
 
H

Herr Heckler Koch

Guest
Well done to the NRA! Late and expensive, but kudos.
 

Interceptor_Knight

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It's not necessarily violated, but it does give DOJ the burden of showing that every requirement it imposes is authorized by a duty the statute assigns to DOJ. And I haven't found anything in DOJ's authority under Act 35 that would justify a face-to-face training requirement.

The burden is on the NRA, WCI, etc legal team to prove that it is not within the DOJ's scope of authority to create Admin Code and practices should they file suit.
 

LaBomba

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The burden is on the NRA, WCI, etc legal team to prove that it is not within the DOJ's scope of authority to create Admin Code and practices should they file suit.

There are other options. The Governor can bounce the rule back to DOJ before it goes to the Legislature's Joint Committee for the Review of Administrative Rules. Once the Governor lets it through, lawmakers get to review it, ask questions, and stop it if they don't like it. I agree that in litigation the burden would be on the plaintiffs....let's hope it gets fixed long before that.
 

markush

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Kenosha
Secondly, the Act does not establish an expiration date for the training. Thus, a
person with otherwise valid documentation of training may not be able to submit that
documentation with an application because it does not meet DOJ's form or content
requirements, and the person may no longer be able to locate the trainer (who could have
moved or retired for example) to have him or her update the documentation.


This is the part that I need to stick!! I went through training in 2008 with an instructor that was both NRA and WI certified...If the DOJ requires additional information on my certificate I would be SOL...I can not locate the instructor!!
 

LaBomba

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Secondly, the Act does not establish an expiration date for the training. Thus, a
person with otherwise valid documentation of training may not be able to submit that
documentation with an application because it does not meet DOJ's form or content
requirements, and the person may no longer be able to locate the trainer (who could have
moved or retired for example) to have him or her update the documentation.


This is the part that I need to stick!! I went through training in 2008 with an instructor that was both NRA and WI certified...If the DOJ requires additional information on my certificate I would be SOL...I can not locate the instructor!!

The obvious approach would be to grandfather in all prior training, and apply the new criteria only to training that takes place after the rule becomes law.
 

rcawdor57

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Wisconsin, USA
Great Post! No Bashing The NRA Yet?


Thanks Rob. I just read the entire document. I wonder why there hasn't been the usual bashing of the NRA??

Imagine if the NRA had 80 MILLION members (the guestimate at the number of legal gun owners in the U.S.) instead of 4.5 million. That would be a force to be reckoned with.

I hope this compels some of you to join the NRA. We may not like everything they do but we do need their support.


NRA member since 1978. NRA Endowment member since 1988.
 
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