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[ 9 posts ] |
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PocketProtector642
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Post subject: SAF Sues Eric Holder Posted: Wed Apr 01, 2009 6:37 pm |
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Longtime Regular |
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Joined: Sun Oct 12, 2008 8:36 am Posts: 702 Location: St. Paulish
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Quote: SAF Sues Eric Holder Over Gun Rights of Non-Resident American CitizensMonday, March 30, 2009 story linkBELLEVUE, Wash., March 30, 2009 /PRNewswire-USNewswire via COMTEX/ ----The Second Amendment Foundation has filed a lawsuit in U.S. District Court for the District of Columbia against Attorney General Eric Holder, seeking an injunction against enforcement of a federal law that makes it impossible for American citizens who reside outside the United States to purchase firearms while they are in this country. SAF is joined by two natural-born citizens, Maxwell Hodgkins and Stephen Dearth, who have been denied the opportunity to buy firearms because they do not currently reside in the United States. Hodgkins currently lives in the United Kingdom, and Dearth is a resident of Canada. The lawsuit alleges that Holder, as attorney general, is enforcing unconstitutional laws that prevent citizens like Hodgkins and Dearth from exercising their Second Amendment rights. The complaint also asserts that enforcement of the federal gun laws that prevent such citizens from purchasing firearms when they visit the U.S. violates their right of equal protection under the Fifth Amendment. The plaintiffs are represented by Virginia attorney Alan Gura, who successfully argued the Heller case before the U.S. Supreme Court. "This is what happens when anti-gunners rush to pass a restrictive gun law that ignores the constitutional rights of law-abiding American citizens who happen to be living abroad," said SAF founder Alan Gottlieb. "Honest Americans who live in other countries for a variety of reasons should not be denied their Second or Fifth Amendment rights when they return to American soil. Hodgkins and Dearth, and many others just like them, are victims of anti-gun rights zeal. "Such citizens have every right to obtain and own firearms for a variety of reasons, whether to hunt, or for personal protection, target shooting or competition," he continued. "Hodgkins, Dearth and other non-resident citizens want to keep their firearms here for use when they come home. However, current federal law makes it impossible for them to exercise their rights like any other citizen. It is fundamentally wrong to penalize American citizens for living overseas." The Second Amendment Foundation ( www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 600,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. SOURCE Second Amendment Foundation
_________________ Proud owner of 2 wonderful SGH holsters. "If man will not work, he shall not eat" (2 Th 3:14) "If you don't have a sword, sell your cloak and buy one" -Jesus (Luke 22:36)
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1911fan
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Post subject: Posted: Wed Apr 01, 2009 9:25 pm |
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On time out |
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Joined: Mon Aug 22, 2005 10:18 pm Posts: 1689 Location: 35 W and Hiway 10
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I like the SAF and all. But how many people are there in this class? Seems like a lot of resources for very few returns. Or is this a stepping stone case. That this is step b in a "if a and b, then C must also be true."?
_________________ molan labe
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PocketProtector642
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Post subject: Posted: Wed Apr 01, 2009 9:45 pm |
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Longtime Regular |
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Joined: Sun Oct 12, 2008 8:36 am Posts: 702 Location: St. Paulish
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I was thinking that Holder loosing gun lawsuit after gun lawsuit (if that's what they are trying to accomplish) will make him think twice about pulling something stupid on us. Keep his hopes down. I have absolutely no idea though and am not a strategist.
_________________ Proud owner of 2 wonderful SGH holsters. "If man will not work, he shall not eat" (2 Th 3:14) "If you don't have a sword, sell your cloak and buy one" -Jesus (Luke 22:36)
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jdege
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Post subject: Posted: Wed Apr 01, 2009 11:06 pm |
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Longtime Regular |
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Joined: Thu Aug 25, 2005 7:23 pm Posts: 1419 Location: SE MPLS
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1911fan wrote: I like the SAF and all. But how many people are there in this class? Seems like a lot of resources for very few returns. Or is this a stepping stone case. That this is step b in a "if a and b, then C must also be true."?
It's just about the only remaining case I can conceive of that doesn't involve incorporation.
It gives SCOTUS a chance to say "yes, we really did mean that", without having to let some thug back out on the street, or to step into the whole state right issue.
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mrokern
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Post subject: Posted: Wed Apr 01, 2009 11:12 pm |
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Longtime Regular |
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Joined: Tue Jan 15, 2008 9:40 pm Posts: 2264 Location: Eden Prairie
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1911fan wrote: Or is this a stepping stone case. That this is step b in a "if a and b, then C must also be true."?
Yes.
I'll let one of the legal eagles decide if they want to get further into this one, but the short answer is yes.
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plblark
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Post subject: Posted: Thu Apr 02, 2009 6:56 am |
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Longtime Regular |
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Joined: Thu Mar 16, 2006 10:41 am Posts: 4468
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1911fan wrote: I like the SAF and all. But how many people are there in this class?
If it's a limited issue with clean class members, iut may be easier for the SCOTUS to decide
Look at Heller ... He was one of what? 6? and the only one to make it into the SC ruling.
_________________ Certified Carry Permit Instructor (MNTactics.com and ShootingSafely.com) Click here for current Carry Classes "There is no safety for honest men, except by believing all possible evil of evil men." - Edwin Burke
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Andrew Rothman
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Post subject: Posted: Thu Apr 02, 2009 7:09 am |
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Longtime Regular |
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Joined: Sun Aug 07, 2005 10:24 am Posts: 6767 Location: Twin Cities
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1911fan
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Post subject: Posted: Thu Apr 02, 2009 3:20 pm |
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On time out |
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Joined: Mon Aug 22, 2005 10:18 pm Posts: 1689 Location: 35 W and Hiway 10
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Someone PM'd me the back ground and its a stepping stone case, THats cool, I understand now the reason for it.
I was not doubting that it had a good reason, I just was not seeing it on review, now that I see it, it I should have seen it, it makes very good sense.
_________________ molan labe
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princewally
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Post subject: Posted: Thu Apr 02, 2009 3:25 pm |
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Longtime Regular |
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Joined: Wed Jan 24, 2007 11:02 am Posts: 1684 Location: St Louis Park
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1911fan wrote: Someone PM'd me the back ground and its a stepping stone case, THats cool, I understand now the reason for it.
I was not doubting that it had a good reason, I just was not seeing it on review, now that I see it, it I should have seen it, it makes very good sense.
Is the background something that can get shared in strategy?
_________________ Of the people, By the People, For the People. The government exists to serve us, not the reverse.
-------------------- Next MN carry permit class: TBD.
Permit to Carry MN --------------------
jason <at> metrodefense <dot> com
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