Flood the Court technique

W

Wildalaska

Moderator
Just a thought...

Ya'll worried about possible Federal gun bans? Just the ticket then: The day the legislation becomes effective, each and every member of this Board walks over to the US District Court in your district and files a simple action for a declaratory judgement contesting the constitutionality of the legislation.

What we would need is someone to draft the complaint...bet there are enough brains here to do so. Also would need some motion practice

You pay your own fees and file pro per....once the big boys (NRA) file their action (s) (USDC in DC), everyone then moves to consolidate. Thus, not only does the Court have to deal with NRA vs Governemt, but 100, nay, 1000, nay, 10,000....what if everyone filed one...how about 50,000 plaintiffs..

The point? Show the Courts whats what.

Thoughts?

WildimstressedAlaska ™
 
I like it and would hope we could get closer to a couple million. That might make some legislators heads explode.
 
call me pessimistic, but I just don't see the participation levels necessary to accomplish the end goal. how do you propose increased participation?
 
Ken, I don't remember where but I remember some scuttlebutt floating around that you were a retired lawyer. (Or did you play one on t.v. or did you just talk about knowing one? So many years so many posts!)

If so I'd appreciate you to take a little more time explaining the theory, mechanism and mechanics of this proposition. It sounds vaguely like what they used to do in the 60's to advance civil rights for equal housing, voting and job opportunities, but I'm not sure how it would apply to, say an ugly rifle ban, a ban on shipping ammo via UPS or similar ban. :confused:
 
The point? Show the Courts whats what.
Click to expand...

The Courts are political enough to take notice. And Congress would certainly take notice. It is easy to underestimate the seriousness of people only willing to click a mouse on an internet poll, but quite a different story when a substantial number of people actually shell out money to file cases in the federal courts.

Why move to consolidate? I would imagine that 50,000 new cases would effectively cause the court system to grind to a halt. The courts would be clamoring for consolidation.
 
I wonder if it would get dismissed for lack of standing.
Click to expand...

OK...lets make it more fun...all you California guys file a suit in federal court alleging that under Heller, the California AWB/waiting period whatever violates your rights.

1000

2000

3000 suits??? LOL

WilditcouldgetinterestingAlaska TM
 
Ken? I'm gonna side with MeekAndMild here.

Give us an outline, give us something substantial to bite into. Give us your reasons for standing.
 
Hmmm standing....

Well its clear, is it not, that in the case of California, their AWB violates the rights of those citizens who seek to own a military firearm, yes? Heller redux?

WildimsocoldicantstanditAlaska TM

PS...awful lot of motions to dismiss would be necessary:D

Just ltigate em to death, like the cities did vs Gun Companies.....Payback is a bee-yatche, neh?

PPS...so and to digress...if there is a recognized 2nd amendment right, wouldnt the way to incorporate be a sec 1983 vs say Mayor Bloomberg and the Brady org?
 
I like the concept. But as others stated, it'd take a sharp legal mind to write up the motion. And it'd take a lot of organizing to get people involved.
 
All it would do would be to tie up the judiciary. It would have little effect on the legislative branch, which is responsible for producing the actual legislation. Regardless, I would expect a judge to issue an order limiting the lawsuits filed each day and consolidating all of the cases if necessary, so it would be more of a pain to clerks and court staff than anything else.

An interesting concept though, and far more creative than I am this morning! :D
 
What's the cost involved in filing a case?

If it's less than the cost of a new Colt Delta Elite (that seems to never get in stock up there in snowy Alaskaland), I'd go along with this.

AZRedhawkkeepwarmupthere!44
 
This sounds like something that might just convince people that the RKBA crowd is a bunch of lunatics. It is like telling people to bake cookies by just putting in some flour and some water and some sugar or maybe salt, after all they look alike, chocolate chips or coffee beans take your pick.

Anybody who's really interested might benefit by enquiring about getting some adult leadership.
 
I am with meek and mild. Lets bank on the NRA coming through for us like they did in '94. '86? '68? Throw in a few more of our best years.

Also everyone apply for a C+R. It puts some number on a verifiable list and you are going to really get your moneys worth.
 
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