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Kachalsky affirmed by CA2 = 2A loss
#1
CA2 affirms the district court, and sustains the NY "proper cause" carry statute. They are in the opinion that public safety trumps an individuals 2A right of self defense outside of the home. Not good.

I can foresee other cases, such as Wollard in CA4, filing supplemental brief citing this decision.

We REALLY need SCOTUS to rule on "outside of the home". These damn antis don't get it, that they crucify firearms and 2A, what rights will be rationed after that?

The ruling is below. Here is an article about it.
http://www.reuters.com/article/2012/11/2...3C20121127

WARNING: Reading the decision can lead to higher blood pressure.


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ABuck, proud to be a member of pa2a.org since Sep 2012.
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#2
Not good. This really needs to be settled, favorably of course, by SCOTUS.

Justin
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#3
On the right path for just that outcome.....hopefully. I wonder when/if the make up of the SC will change. And if/when it does, how it might effect 2A
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#4
Publican;46494 Wrote:On the right path for just that outcome.....hopefully. I wonder when/if the make up of the SC will change. And if/when it does, how it might effect 2A

Hopefully it won't change against us for a while, I would be seriously concerned if one of the more conservative or constitutionalist justices dies or steps down. Remember, Heller went our way by only 1 vote.
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#5
billamj;46499 Wrote:
Publican;46494 Wrote:On the right path for just that outcome.....hopefully. I wonder when/if the make up of the SC will change. And if/when it does, how it might effect 2A

Hopefully it won't change against us for a while, I would be seriously concerned if one of the more conservative or constitutionalist justices dies or steps down. Remember, Heller went our way by only 1 vote.

I do, I do.
Ladies of the Second Amendment

"I regard giving as necessary to right the balance" Hu Chung

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#6
Well, this didn't take long.

MD has filed with the 4th Circuit in the Woollard case, advising of this opinion.

I hope Attorney Gura gets to SCOTUS with one of these "outside the home" cases before the court changes. Having both McDonald and Heller as 5-4 is just downright scary. Right now there are 4 SCOTUS justices that think there is no right of self defense with a firearm IN YOUR OWN HOME. That's insane. They don't believe in the 2A.

It's sad to think there are so many people that believe rationing of basic rights is a good thing.


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ABuck, proud to be a member of pa2a.org since Sep 2012.
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#7
I'm dying to change opinions.
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#8
From the opinion. F'n brilliant these judges are. You can't have the permit, because you don't need to carry, until you do need it. Most of the opinion reads like this. In my opinion, it's a whole lot of fail.

In light of the state’s considerable
14 authority—enshrined within the Second Amendment—to regulate
15 firearm possession in public, requiring a showing that there
16 is an objective threat to a person’s safety—a “special need
17 for self-protection”—before granting a carry license is
18 entirely consistent with the right to bear arms. Indeed,
19 there is no right to engage in self-defense with a firearm
20 until the objective circumstances justify the use of deadly
21 force.24 See, e.g., People v. Aiken, 4 N.Y.3d 324, 327-29
22 (2005) (discussing duty to retreat in New York).

I missed that part about a “special need for self-protection” in the Constitution. The elitist mentality strikes again, right at the core of 2A. Morons!

Also, "authority—enshrined within the Second Amendment—to regulate
firearm possession in public"???????

WTF are these juges smoking? I think they need a piss test.

I really hope it makes the appeal to SCOTUS a bit easier.
ABuck, proud to be a member of pa2a.org since Sep 2012.
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