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Kachalsky Cert Denied by SCOTUS
#1
Not good.

http://www.scotusblog.com/case-files/cas...-v-cacace/

Kachalsky v. Cacace
Petition for certiorari denied on April 15, 2013


Issue: (1) Whether the Second Amendment secures a right to carry handguns for self-defense outside the home; and (2) whether state officials violate the Second Amendment by denying handgun carry licenses to responsible, law-abiding adults for lack of “proper cause” to bear arms for self-defense.

(I edited the title and added "SCOTUS")
ABuck, proud to be a member of pa2a.org since Sep 2012.
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#2
So its off to the SCOTUS, where it was probable to end up anyway..
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#3
ExcelToExcel;95762 Wrote:So its off to the SCOTUS, where it was probable to end up anyway..

It was at the SCOTUS. The Court turned down the case. The District Circuit decision therefore rules.

Here's what happened in the 2nd Circuit:
http://www2.bloomberglaw.com/desktop/pub...2_Court_Op
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#4
fawk. so, square 1?
Stirpot
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#5
panopticonisi;95775 Wrote:fawk. so, square 1?

Yup. Will have to find a totally different case where the government royally fucks up and clearly intrudes on rights established under Heller and worms its way up to the Supremes.
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#6
Oh wow.. that's bad

ArcticSplash;95768 Wrote:
ExcelToExcel;95762 Wrote:So its off to the SCOTUS, where it was probable to end up anyway..

It was at the SCOTUS. The Court turned down the case. The District Circuit decision therefore rules.

Here's what happened in the 2nd Circuit:
http://www2.bloomberglaw.com/desktop/pub...2_Court_Op
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#7
Very disappointing. I've read that Roberts oversees the CA4, so you would think he is very aware of Woollard. Maybe there is a slimmer of hope there. But substitute "proper cause" with "good and substantial" and they seem to be the same case.

Needing to justify a right, before using, or being LICENSED to use that right, means it's not really a right at all. Very dangerous territory that, and you would hope SCOTUS would see it that way as well, and show some guidance to the lower courts.

So, we either have their answer to carry outside the home, or they are waiting for the right case. Either way, it's not really good, as people are being denied NOW.
ABuck, proud to be a member of pa2a.org since Sep 2012.
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#8
ArcticSplash;95776 Wrote:
panopticonisi;95775 Wrote:fawk. so, square 1?

Yup. Will have to find a totally different case where the government royally fucks up and clearly intrudes on rights established under Heller and worms its way up to the Supremes.

Where they can refuse to hear it.
TheWolff, proud to be a member of pa2a.org since Sep 2012.
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