Page 8 of 8 FirstFirst ... 678
Results 71 to 77 of 77
Thanks Tree56Thanks

Thread: NRA files lawsuit over Florida gun control law

  1. #71
    Spock of Vulcan Ian Jeffrey's Avatar
    Joined
    Mar 2013
    Posts
    62,420
    Thanks
    31190

    From
    Vulcan
    Quote Originally Posted by Otto Throttle View Post
    Uh huh.
    Obviously you read neither what I wrote nor the statute you quoted. You merely repeated your own quote without source.

  2. #72
    Member
    Joined
    Nov 2014
    Posts
    2,991
    Thanks
    649

    From
    Florida
    Quote Originally Posted by Ian Jeffrey View Post
    Obviously you read neither what I wrote nor the statute you quoted. You merely repeated your own quote without source.
    Yes, the quote, the claim I made, that you sidestepped. If you commit a crime with a gun, it's an illegally possessed gun. The mere fact that the gun is present while the crime is committed constitutes an additional crime.

  3. #73
    Spock of Vulcan Ian Jeffrey's Avatar
    Joined
    Mar 2013
    Posts
    62,420
    Thanks
    31190

    From
    Vulcan
    Quote Originally Posted by Otto Throttle View Post
    The mere fact that the gun is present while the crime is committed constitutes an additional crime.
    No, it does not. It applies a sentence enhancement. You are not charged with, nor convicted of, an additional crime. Read the text of relevant section that you quoted (18 U.S.C. 924(c)(1)(A)).

  4. #74
    Veteran Member Madeline's Avatar
    Joined
    Jun 2014
    Posts
    56,207
    Thanks
    32245

    From
    Cleveland, Ohio
    Quote Originally Posted by Ian Jeffrey View Post
    Well, I never heard of the Tallahassee law firm. The D.C. law firm is doubtless all that and a bag of chips, except this is litigation, not lobbying. There's no reason to surrender the home field advantage. This is federal district court, yes, but it's still a court in the deep south. Seems odd they didn't get Greenberg, Trauig or another regional firm to represent them.

    When's the answer due, seeing as they made this stupid prayer for injunctive relief?

  5. #75
    Veteran Member Madeline's Avatar
    Joined
    Jun 2014
    Posts
    56,207
    Thanks
    32245

    From
    Cleveland, Ohio
    Quote Originally Posted by Otto Throttle View Post
    So we should take away the rights of all young men? Then we shouldn't let them vote, or drive, or join the military. It's just too dangerous. In fact maybe young men should be chemically neutered as soon as the ritalin wears off.
    Or is it possible that the criminals make up a tiny percentage of all young men.
    For the record, any law that sweeps up whole classes of people and takes away their rights in hopes of somehow preventing the rare individual that's going to be a spree killer is insanely stupid.
    You have pointed to the constitutional problem of laws that treat people differently based off their "status", rather than their behavior. Indeed, there can be equal protection defects in such laws, and there could be in this one. No telling what the SCOTUS will do, in a decade or so when it takes this case, if it does.

    Going off my memory (danger! lol.), the different impact of laws on different classes of people is constitutional so long as it is rationally related to a legitimate government goal. So, it is constitutional to ban sales of alcohol to people under 21, because they commit the most stupid human behavior whilst intoxicated. (This is not true of the burdened class is a "suspect group", meaning a group the government has historically discriminated against unconstitutionally, such as females, or atheists, or black Americans. But "under 21" is the least suspicious group possible. As I recall, based on my crappy memory. Lol.)

    So I don't think equal protection is a winning argument, but if it were, the doctrine of judicial restraint means the court would strike the portion of the law pertaining to under-21ers, and preserve the rest. Meaning the ban on sales of assault weapons would be upheld.

    Which I presume is the main event from your POV. They'll never succeed at getting that overturned.
    Last edited by Madeline; 14th March 2018 at 01:08 AM.

  6. #76
    Veteran Member Madeline's Avatar
    Joined
    Jun 2014
    Posts
    56,207
    Thanks
    32245

    From
    Cleveland, Ohio
    Yet another reason this lawsuit is stupid: like every state, Florida has a constitution. It has different or stronger protections for citizens against intrustions by the state of any local government, including a right to privacy, a right to bear arms and other rights that COULD have been litigated with a greater chance of success than the issues raised under the federal constitution.

    But there's not much opportunity to argue a state constitutional issue in federal court.
    Last edited by Madeline; 14th March 2018 at 01:16 AM.

  7. #77
    Spock of Vulcan Ian Jeffrey's Avatar
    Joined
    Mar 2013
    Posts
    62,420
    Thanks
    31190

    From
    Vulcan
    Quote Originally Posted by Madeline View Post
    This is federal district court, yes, but it's still a court in the deep south.
    They kind of had to, considering it is a Florida law.

    Quote Originally Posted by Madeline View Post
    When's the answer due, seeing as they made this stupid prayer for injunctive relief?
    Since it was filed March 9, 2018, the answer date is probably COB April 9, 2018 - i.e., a 30-day answer period. (Technically, April 8 is 30 days, but that is a Sunday, so it would kick over to the next business day).

Page 8 of 8 FirstFirst ... 678

Similar Threads

  1. NC files lawsuit against the federal government
    By bajisima in forum Current Events
    Replies: 28
    Last Post: 9th May 2016, 11:53 PM
  2. Jerry Springer files lawsuit against Trump and RNC...
    By NightSwimmer in forum Political Humor
    Replies: 1
    Last Post: 16th March 2016, 08:48 AM
  3. Jesus Christ Files Lawsuit Against GOP For Slander
    By Inkslinger in forum Political Humor
    Replies: 4
    Last Post: 6th September 2011, 01:29 AM

Tags for this Thread


Facebook Twitter RSS Feed