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Texas Judge Strikes a Mighty Blow for the Second Amendment


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#1 ONLINE   Zephyr One/Zero

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Posted Jan. 11 2017 - 06:47 PM

http://townhall.com/...ndment-n1958657




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#2 ONLINE   redbarron06

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Posted Jan. 11 2017 - 07:05 PM

So correct me if I am wrong but now the citizen of any state can go into "The Northern District of Texas" and buy a handgun, obviously if you meet other legal criteria.  But outside of that district the current law remains in effect until it is appealed to a higher court.  The decision of that court with either overturn the lower ruling or expand the area where the citizen of any state could buy a handgun.




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#3 ONLINE   Joel74

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Posted Jan. 11 2017 - 07:07 PM

If this case goes to the Supreme Court during Trumps administration then the Attorney General will be arguing for Texas' position, not against it.




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#4 ONLINE   redbarron06

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Posted Jan. 11 2017 - 07:14 PM

If this case goes to the Supreme Court during Trumps administration then the Attorney General will be arguing for Texas' position, not against it.


The way I figure it, Ol'e Eric only has about 9 days left in office, I hope they do appeal it and all the way to SCOTUS they same way Obama appealed the defense of marriage act. Show up and say we dont agree and present no evidence and walk out so the judge pretty much has no choice but to support the other side.


#5 ONLINE   Joel74

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Posted Jan. 11 2017 - 07:18 PM

The way I figure it, Ol'e Eric only has about 9 days left in office, I hope they do appeal it and all the way to SCOTUS they same way Obama appealed the defense of marriage act. Show up and say we dont agree and present no evidence and walk out so the judge pretty much has no choice but to support the other side.

Not enough time to take up the case.  

 

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Edited by Joel74, Jan. 11 2017 - 07:19 PM.



#6 ONLINE   redbarron06

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Posted Jan. 11 2017 - 07:19 PM

Not enough time to take up the case.


It does not matter if there is enough time to take up the case or not. IIRC the DOMA was started while Bush was in office.


#7 ONLINE   Joel74

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Posted Jan. 11 2017 - 07:21 PM

It does not matter if there is enough time to take up the case or not. IIRC the DOMA was started while Bush was in office.

They wouldn't want the Trump Administration arguing that the Texas ruling was correct.




#8 ONLINE   Gmountain

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Posted Jan. 11 2017 - 07:21 PM

You all know that article is two years old ?




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#9 ONLINE   Joel74

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Posted Jan. 11 2017 - 07:22 PM

:bellylaf:  :lol:  :snicker:  :ROFLLMAO: I do now.




#10 ONLINE   redbarron06

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Posted Jan. 11 2017 - 07:23 PM

You all know that article is two years old ?


I remimber a case a couple of years ago I just did not realize this was the same case.


#11 OFFLINE   SturmGewehr

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Posted Jan. 11 2017 - 07:25 PM

If this case goes to the Supreme Court during Trumps administration then the Attorney General will be arguing for Texas' position, not against it.

 

And that is what they should be doing against California laws too.




#12 ONLINE   Gmountain

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Posted Jan. 11 2017 - 07:33 PM

The way I figure it, Ol'e Eric only has about 9 days left in office, I hope they do appeal it and all the way to SCOTUS they same way Obama appealed the defense of marriage act. Show up and say we dont agree and present no evidence and walk out so the judge pretty much has no choice but to support the other side.

He hasn't been AG in years.




#13 ONLINE   redbarron06

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Posted Jan. 11 2017 - 07:35 PM

He hasn't been AG in years.


That occurred to me when I realized it was 2 years old.

Do you know if if this ever got appealed?


#14 ONLINE   Gmountain

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Posted Jan. 11 2017 - 07:38 PM

That occurred to me when I realized it was 2 years old.

Do you know if if this ever got appealed?

Yes, it's still on appeal at the 5th circuit. I checked to see if any opinions had been published, but not yet. I do know the ruling was stayed pending the appeal.




#15 ONLINE   redbarron06

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Posted Jan. 11 2017 - 07:42 PM

Yes, it's still on appeal at the 5th circuit. I checked to see if any opinions had been published, but not yet. I do know the ruling was stayed pending the appeal.


How long has it been since 5th heard arguments and how long do they have before they have to issue a opinion. I assume it is an opinion not a ruling.


#16 ONLINE   Gmountain

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Posted Jan. 11 2017 - 07:47 PM

How long has it been since 5th heard arguments and how long do they have before they have to issue a opinion. I assume it is an opinion not a ruling.

An opinion is the ruling. Appellate courts issue opinions (that's what the rulings are called). They were still getting briefs in the spring of 2016, so who knows. It could come down tomorrow, or in 6 months.  I've waited over a year for some appellate opinions.




#17 ONLINE   redbarron06

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Posted Jan. 11 2017 - 07:49 PM

An opinion is the ruling. Appellate courts issue opinions (that's what the rulings are called). They were still getting briefs in the spring of 2016, so who knows. It could come down tomorrow, or in 6 months.  I've waited over a year for some appellate opinions.


Is there an amount of time that they have to issue it or can they pretty much just sit on it from now until the end of time?


#18 ONLINE   Gmountain

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Posted Jan. 11 2017 - 07:52 PM

Is there an amount of time that they have to issue it or can they pretty much just sit on it from now until the end of time?

I don't think there is a time limit but typically they have till the end of the current session, which probably ends in late spring.




#19 ONLINE   redbarron06

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Posted Jan. 11 2017 - 07:56 PM

I don't think there is a time limit but typically they have till the end of the current session, which probably ends in late spring.


Thanks for the inside info.


#20 OFFLINE   gshayd

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Posted Jan. 11 2017 - 08:30 PM

The way I figure it, Ol'e Eric only has about 9 days left in office, I hope they do appeal it and all the way to SCOTUS they same way Obama appealed the defense of marriage act. Show up and say we dont agree and present no evidence and walk out so the judge pretty much has no choice but to support the other side.

Eric has been out of the office for a while..lol you been hiding under that rock again?




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