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Norman v Florida filed in SCOTUS by Stephen Halbrook, Fl Carry

77zach

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Cool, that they got Halbrook. He wouldn't have taken the case unless it was correct. It will grab their attention for sure. If they don't hear it or rule against us, I'm vindicated. The truth is no defense in the empire of lies. The purpose of the Kourt is to rubber stamp the statist legislature. Rule of the pistol packing positivists.

Will the "pro gun" Pam bondi and future Republican AG's fight against the 2nd amendment on the national stage even when leftists are refusing to defend laws they don't like? You bet, because Republicans are hard core statist pukes.
 

77zach

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Can you expand on the meaning of your statement?

Who is Halbrook and why do you like/admire/respect him?
Per Grapeshot's link, he is a respected historian and lawyer who has successfully argued cases before the Supreme Court and won. It's likely all the judges and some of the clerks know who he is already.

I've enjoyed a couple of his books, they taught me a lot and put me way ahead of the curve when discussing 2nd amendment related topics.
 
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F350

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From the Second Amendment Law Library; a list of Law Journal articles by Stephen Halbrook

http://www.guncite.com/journals/index.html



Halbrook, Stephen P., Heller, the Second Amendment, and Reconstruction: Protecting All Freedmen or Only Militiamen, 50 Santa Clara L. Rev. 1073 (2010). [http://digitalcommons.law.scu.edu/lawreview/vol50/iss4/2]

_____, Second Class Citizenship and the Second Amendment in the District of Columbia, 5 GMU Civ. Rts. L.J. 105-178 (1995).
HTML:
  _____, Personal Security, Personal Liberty, and "The Constitutional Right to Bear Arms": Visions of the Framers of the Fourteenth Amendment, 5 Seton Hall Const. L.J. 341-434 (1995). [HTML]

  _____, Congress Interprets the Second Amendment: Declarations by a Co-Equal Branch on the Individual Right to Keep and Bear Arms, 62 Tenn. L. Rev. 597-641 (1995). [HTML]

  _____, The Right of the People or the Power of the State: Bearing Arms, Arming Militias, and the Second Amendment, 26 Val. U. L.Rev. 131-207 (1991). [HTML]

  _____, The Right to Bear Arms in Texas: The Intent of the Framers of the Bill of Rights, 41 Baylor L. Rev. 629-688 (1989). [HTML]

  _____, Encroachments of the Crown on the Liberty of the Subject: Pre-Revolutionary Origins of the Second Amendment, 15 U. Dayton L. Rev. 91-124 (1989). [HTML]

  _____, What the Framers Intended: A Linguistic Analysis of the Right to "Bear Arms", 49 Law & Contemp. Probs. 151-162 (1986). [HTML]

  _____, The Right to Bear Arms in the First State Bills of Rights: Pennsylvania, North Carolina, Vermont, and Massachusetts, 49 Vt. L. Rev. 255-320 (1985). [HTML]

  _____, The Fourteenth Amendment and the Right To Keep and Bear Arms: The Intent of the Framers, 97th Cong., 2d Sess. 68-82 (Comm. print 1982). [HTML]

  _____, To Keep and Bear Their Private Arms: The Adoption of the Second Amendment, 1787-1791, 10 N. Ky. L. Rev. 13-39 (1982). [HTML]

  _____, The Jurisprudence of the Second and Fourteenth Amendments, 4 GMU L. Rev. 1-69 (1981). [HTML]


Halbrook is one of the foremost authorities on the Second Amendment, I would say at least equal to Alan Gura (Heller). If you don't have a copy, Halbrook's book "THAT EVERY MAN BE ARMED" is a must have for every believer in the Second Amendment.


P.S. Not knowing who Stephen Halbrook is, is almost blasphemous :D
 

press1280

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Cool, that they got Halbrook. He wouldn't have taken the case unless it was correct. It will grab their attention for sure. If they don't hear it or rule against us, I'm vindicated. The truth is no defense in the empire of lies. The purpose of the Kourt is to rubber stamp the statist legislature. Rule of the pistol packing positivists.

Will the "pro gun" Pam bondi and future Republican AG's fight against the 2nd amendment on the national stage even when leftists are refusing to defend laws they don't like? You bet, because Republicans are hard core statist pukes.
Pam Bondi may end up being an unsung hero nationally. Read the briefs from the state, they have done everything they can do to lose the case, but activist FL courts have prevented that. By going to SCOTUS, they allow the high court to tee up the issue with Norman, the state of FL, and the FL Supremes all in agreement the right extends beyond the home, only differing on the manner.
 

Citizen

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From the Second Amendment Law Library; a list of Law Journal articles by Stephen Halbrook...
He is also the co-author of an awesome book on the 2A.

https://www.amazon.com/Supreme-Court-Cases-David-Kopel/dp/1889632058/ref=mt_paperback?_encoding=UTF8&me=

This was back when the gun-controllers' favorite misleading, manipulative argument was that there was no US Supreme Court cases on the 2nd Amendment.

Co-authors Kopel, Korwin, and Halbrook slayed that argument.

Its a book well worth owning.
 
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countryclubjoe

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Mr.Halbrook was and is the foremost second amendment attorney, starting with his scholarly book, The Jurisprudence of The Second and Fourteenth Amendments circa 1981.. I have used his legal theory many times on this board, how the 14th supports all the Bill Of Rights. And in both the Heller and McDonald cases, Halbrook wrote briefs in support of both Heller and McDonald.. He and Alan Gura are ahead of their time on the second amendment. Interesting to note, that both Graduated from Georgetown University law Center..

Regarding the case at bar, a very interesting quote from the Judge " No constitutional right is " less fundamental' than others and We know of no principled basis on which to create a hierarchy of Constitutional values".. I suggest we submit said quote to memory.

Read what the justices opined about the "license holder".. The license grants a " privilege" but not a "right".. Hence, I have espoused many times here, that a license grants a privilege from the state, " we don't need a licensed privilege to exercise a Constitutional right".. In purchasing the license, one agrees to the by-laws of the license issuing agency ( state)... Something to consider for us all.. The license grants the license holder the " privilege" but also grants the license issuer "jurisdiction" and or " authority". over said "privilege".. Just food for thought folks.

In my humble opinion, Halbrook shall prevail.

My .02
CCJ
 

countryclubjoe

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Court accused State of having " Paucity" of evidence.. Great word, Twain used said word in 1898 " At the Appetite - Cure"-

" Now came shipwrecks and life in open boats, with the usual PAUCITY of food.".. Twain

Great word and great case for debate and reference.

My .02
Regards
CCJ
 

77zach

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In my humble opinion, Halbrook shall prevail.

My .02
CCJ
He should, but I don't think he will. This is an extremely evil and dishonest and statist institution we're dealing with in the SCOTUS. However, if another justice dies or retires, I won't be surprised if they grant cert and he wins. Looks like the parrot witch, or at least her corpse, will occupy the bench until Trump is gone and Kennedy appears to want to stay for now.
 
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OC4me

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Peruta couldn't get 4 votes which leads me to believe that not all the Heller justices are as pro-2A as we'd hope.

I think we really need another pro-2A appointment. Perhaps best not to rush things.
 

cocked&locked

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Peruta couldn't get 4 votes which leads me to believe that not all the Heller justices are as pro-2A as we'd hope.

I think we really need another pro-2A appointment. Perhaps best not to rush things.
In the grand scheme of things Peruta was not a good case; too many extraneous issues. Norman is a much cleaner case to accomplish what we want.
 

77zach

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In the grand scheme of things Peruta was not a good case; too many extraneous issues. Norman is a much cleaner case to accomplish what we want.
Agreed. And disagree. Like Thomas and Gorsuch said, California created the situation. I'd feel much better if one of the positivists/"liberals" dies or retires first. Then again, it still may not matter. I think Roberts is a positivist-hard core statist as well. At least we won't have to wait more than 4 months or so to find out if they'll take it.
 

utbagpiper

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Peruta couldn't get 4 votes which leads me to believe that not all the Heller justices are as pro-2A as we'd hope.

I think we really need another pro-2A appointment. Perhaps best not to rush things.
Either that or a couple of Justices realized that a bad decision, from a weak case is worse than no decision.

You are right, best not to rush things. Many a justice who would rule in favor of RKBA in a case of first impression will be loathe to overturn SCOTUS precedence one precedence is set.

Pick cases wisely, and time them properly. I'd love for Kennedy not to have any reason to hang on "one more term."

Charles
 

77zach

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SCOTUS requested a response from the state of Florida in Norman. Doesn't mean they will hear it, but it would have been dead in the water if they hadn't requested a response.
 

press1280

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SCOTUS requested a response from the state of Florida in Norman. Doesn't mean they will hear it, but it would have been dead in the water if they hadn't requested a response.
Also hoping for some more amicus briefs (assuming the NRA & SAF get involved); I read that more amicus briefs statistically improves chances of getting cert.
 

77zach

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My email to the NRA in Fl concerning our attorney general.

As you know, the Supreme Court of the US has requested a response from the state of Florida in the Norman open carry case. I did a little research and found out that there are no consequences for Mrs Bondi if she does not defend a statute. Governor Scott could suspend her and the legislature could recall her, but neither would happen because they would not want to publicly be seen to fight the 2nd amendment, especially at the national level.

Attorney General non defense of statutes is on the rise in the states. Given that Bondi likes to say she is for gun owners and our right to bear arms, her defense (such as it is) of 790.053 disqualifies her from my vote when/if she runs for political office again. I wish the NRA would carry this theme. I will not let her get away with this at the ballot box and neither should the NRA in today's political environment. It is time to start holding everyone to higher standards to accomplish our worthy goals.

Sincerely,
 
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