SAF Lawsuit Thrown Out

C

CassidyGT

New member
Second Amendment Foundation's lawsuit was thrown out of court. Court said they had "Failed to state a legal claim."

Here is the quote from the Wash Post. -

The Second Amendment Foundation, a gun rights group, sued mayors of 23 cities in federal court in Washington last November, using similar legal arguments. U.S. District Court Judge James Robertson dismissed the foundation's suit last week, saying it had failed to state a legal claim.

Here is the URL to the article -

www.washingtonpost.com/wp-dyn/articles/A21509-2000Apr26.html


Don't count on these court cases - we will lose for sure. All this is pie in the sky B.S. I know we must exhaust all courses of action, but seriously, do you think we will win the the courts!?!? C'mon, get real.


------------------
Thane (NRA GOA JPFO SAF CAN)
MD C.A.N.OP
tbellomo@home.com
http://homes.acmecity.com/thematrix/digital/237/cansite/can.html
www.members.home.net/tbellomo/tbellomo/index.htm
"As nightfall does not come at once, neither does oppression.
In both instances there is a twilight when everything remains
seemingly unchanged. And it is in such twilight that we all
must be most aware of change in the air - however slight -
lest we become unwitting victims of the darkness."
--Supreme Court Justice William O. Douglas
 
In the last paragraph, the article said that the SAF lawsuit was thrown out last week. Is there any confirmation of this? Why haven't we heard about it before now?

Joe
 
There is no mention of this on the SAF website at http://www.saf.org

If it were true, it would seem like the press, Klinton, and the Democrats would be dancing in the streets. I haven't seen it.

Am I missing something here?

Joe
 
Well, I can't see how they could dance in the streets about it after never acknowleging it in the first place. SAF is notoriously tardy about updating their site, but if this is true, it's more than lazy, it's actually dishonest for them to be bragging about a lawsuit which has already been thrown out.

I suppose this decision could be appealed.

------------------
Sic semper tyrannis!
 
Update,


One count was thrown out BUT the case has not been. It is still on the Docket and Judge James Robertson will be hearing the case.

The lawsuit has several "counts" to it.

I am not sure which count was dismissed but here is a quick rundown of them...

Count 1. Violation of interstate Commerce

Count 2. Violation of the First Amendment

Count 3. violation of the Second and Ninth Amendments

I have a feeling it was count #2 that was dismissed. I will try to get more detailed info as soon as I can.

If you want to find out directly, call the Clerks office at 202-354-3120 reference case # 1:99CV03181

The assistant in the judges chambers acknowledged that the Post did put misleading wording in their article and the Judge has been getting slammed with calls.


http://www.dcd.uscourts.gov/

Call the Washington Post and rip them a new one!!!

Joe



[This message has been edited by nralife (edited April 28, 2000).]
 
Yeah it could be appealed. To judges in the pay of whom? Oh yeah - the Feds.

This is all nonsense and will get us nowhere.

------------------
Thane (NRA GOA JPFO SAF CAN)
MD C.A.N.OP
tbellomo@home.com
http://homes.acmecity.com/thematrix/digital/237/cansite/can.html
www.members.home.net/tbellomo/tbellomo/index.htm
"As nightfall does not come at once, neither does oppression.
In both instances there is a twilight when everything remains
seemingly unchanged. And it is in such twilight that we all
must be most aware of change in the air - however slight -
lest we become unwitting victims of the darkness."
--Supreme Court Justice William O. Douglas
 
NRALife: Well, it wouldn't suprise me one bit if the second count had been thrown out; Struck me as the most flimsy basis for a complaint I've ever seen... Except for the lawsuits which provoked the suit, of course!

But that's looking at it rationally, which the courts don't often do where the 2nd amendment is concerned. Want to bet it was count THREE they threw out, on the basis that you can't conspire to violate a civil right which the court doesn't think exists?

------------------
Sic semper tyrannis!
 
Brett,

The rest of the story from a SAF staffer in Belvue WA...


> The Second Amendment Foundation, a gun rights group,
> sued mayors of 23 cities in federal court in Washington last November,
> using similar legal arguments. U.S. District Court Judge James
> Robertson dismissed the foundation's suit last week, saying it had
> failed to state a legal claim.
>

It is my understanding that two of the 23 cities listed in the
suit filed motions to have the suit dismissed in their case(s).
The judge granted the motion.

The reason the suit was filed in D.C. district court is that is
where the Conference of Mayors maintains its national office.
USCM is the principal defendant. Judges are chosen (allegedly)
on a rotation basis, although recent news stories indicate the
chief judge may have altered the rotation in certain cases (such
as special prosecutor indictments). Judge Robertson is, IIRC, a
Clinton appointee and certainly not the judge we would have
preferred.

This problem of "which judge" will be found throughout the
federal judiciary, to include the NSSF suit in Atlanta and the
Texas suit in that state. One legacy
each president leaves behind is his appointments to the federal
bench--lifetime appointments. Thus we will be feeling the
effects of Bill Clinton's presidency long after he trips off to
Hollywood, contracts an incurable social disease, and meets his
demise therefrom.

Joe Waldron
 
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