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judge files injunction to block HB2 open carry law

77zach

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Feb 5, 2007
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Marion County, FL
Any news?

I thought the SC had all the relevant information as of 8/5/13. A fifth grade reading comprehension should be sufficient to have made a ruling within 5 minutes. That is, if truth is a defense in MS. It is not in Florida.
 

MSRebel54

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Mar 2, 2010
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I thought the SC had all the relevant information as of 8/5/13. A fifth grade reading comprehension should be sufficient to have made a ruling within 5 minutes. That is, if truth is a defense in MS. It is not in Florida.

Courts never get in a hurry about anything. I suppose they think it's more "dramatic" to have to wait on a decision. Besides, this is probably not the only case they're having to consider. My guess is, with all the media attention, they will be somewhat under pressure to render a decision fairly quickly (as compared to most court cases).
 

StogieC

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Nov 22, 2009
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Florida
I thought the SC had all the relevant information as of 8/5/13. A fifth grade reading comprehension should be sufficient to have made a ruling within 5 minutes. That is, if truth is a defense in MS. It is not in Florida.

Next due date for briefs is 8/12
 

77zach

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Someone mentioned this earlier, but what happens if the SC rules incorrectly? Here we have a situation where the state was in clear violation of its own Constitution. A bill was signed into law reiterating that the Constitution means what it says. If then the SC says the Constitution and the bill don't mean what they say, what recourse is there? Could the governor or legislature remove the members of the SC and charge them with corruption? Use the state police against Hinds County LE if Hinds chooses to enforce their opinions over the law?
 

Daylen

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Aug 29, 2010
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America
Someone mentioned this earlier, but what happens if the SC rules incorrectly? Here we have a situation where the state was in clear violation of its own Constitution. A bill was signed into law reiterating that the Constitution means what it says. If then the SC says the Constitution and the bill don't mean what they say, what recourse is there? Could the governor or legislature remove the members of the SC and charge them with corruption? Use the state police against Hinds County LE if Hinds chooses to enforce their opinions over the law?

There is not much that can be done. It is possible to vote out judges in MS, but their terms are 8 years long.
 

MSRebel54

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IANAL but I'd say no because this is a challenge only to a state statute.

Well, I guess it would take a lawyer to answer that with anything other than an opinion. I understand there would need to be a federal aspect to the case for an appeal to be based on, and I was thinking it might be appealed based on "denial of 2nd Amendment rights", or something along those lines. But given that other states such as Illinois or California routinely and historically have put people in prison for exercising 2nd Amendment rights, the chances of success are probably no greater than the chances of winning the lottery. Besides, the feds are not known for their freedom loving attitude towards the Bill of Rights. I was just pondering would it even be possible.
 

Q-Tip

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Aug 5, 2010
Messages
102
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Mississippi/Tennessee
If the SC rules incorrectly, then we would return to the old law of being confused about the legality of OC. If that happens, I hope everyone starts OCing to prove that OC is not "concealed in part".
 
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