Posted on 07/20/2006 10:11:10 AM PDT by Liberty Ship
Barr sues Bloomberg on behalf of gun dealer
The Associated Press Published on: 07/20/06
Former U.S. Rep. Bob Barr filed a lawsuit against New York Mayor Michael Bloomberg Thursday, claiming his attempt to crack down on gun dealers was "careless, willful and clearly illegal."
The legal action, filed in Cobb County Superior Court, is in response to a federal lawsuit filed by Bloomberg in May alleging that 15 firearm brokers in five states, including Georgia, were "rogue gun dealers."
Barr said his client, Smyrna gun dealer Adventure Outdoors, was deceived and defamed by Bloomberg's lawsuit. His lawsuit seeks $400 million in damages.
"We didn't start this fight. They did," Barr told a cheering crowd in Marietta's city square. "But we intend to finish it and win."
Bloomberg's lawsuit claims that the dealer sold 21 guns over a seven-year period that were used in New York crimes. The shop's owner, Jay Wallace, said his name has been "trashed in the public eye of the nation."
"I've run my business with honesty and integrity, and I take pride in being part of the firearm industry," he said.
The announcement took on a patriotic tune as flag-waving supporters cheered the news of the lawsuit and danced.
"We will fight to prove the Constitution of the United States is still intact, and that Mr. Bloomberg's fight to abolish the Second Amendment must and will fail," said Edwin Marger, a Jasper lawyer who filed the lawsuit with Barr.
exactly - well done.
And you are correct, sir.
Liberals interpret MILLER as a preclusion for owning military weapons.
Correct-thinking RKBA supporters understand that the court rebuked the deceased Miller because his sawed-off shotgun was (in the court's opinion) NOT a military weapon, and was thusly not covered under the SA. Of course, shortened and de-stocked shotguns are now being used in all forms of CQB in both Iraq and Afghanistan.
Had Miller been alive during the hearings, it may have ended differently.
Ruling on this gave the artificial impression that not only are such laws "legal", but that the courts have standing to even hear such cases. Any court that has ruled again a defendants RKBA has acted outside their Constitutional mandate.
Every court that has ruled on this since is wrong. Even the Emmerson case got it wrong.
Shall not be infringed. It isn't rocket science.
Wow.
An average of 3 guns per year flooding into New York from this "notorious" arms runner.
8.2 million people in NYC being threatened by 21 firearms from Georgia.
Man, that's a problem that desperately needs fixing.
Sic'em boys!
Pour it on!
"I don't think so but I hear Alito is a Trap shooter.
If we're going to put a second amendment case to the SCOTUS I think this would be the court to do it with."
It is unwise to confuse trap and skeet shooters (affectionately known as "golfers with guns") with Second Amendment supporters. Since their tool (never say weapon) of choice is very very low on anybody's list of "dangerous" weapons they can be slippery when it comes to Second Amendment issues.
No offense intended to those trap and skeet-ers who are hard over RKBA folk! Some of your fellows bear watching though.
Would be nice to see 20k+ unconstitutional firearms laws taken off the books!
Top sends
Thomas, Scalia, Roberts, and Alito, ought to be solid on this. It's the rest I'd worry about.
This should get real interesting, real fast.
This is getting better.
Never happen. They'd be arresting the captain of their own team.
This is a flaw in SCOTUS procedure, methinks. A decision reached because one of the litigants failed to show up shouldn't become precedent (except maybe for how to deal with litigants when they don't show up).
Just think if the Toon were president during Miller. Knowing the only party to show up will win by default and the decision will become the law of the land, he would just have had Miller wiped out. Come to think of it, this WAS during FDR's reign...
BINGO!!!
Finally, someone with math skills.
Blookberg will not be held accountable on this because...
Does anyone remember his "great mayor's meetings" to curb the spread of "illegal guns"?
It will be found that the "mayor" of this particular location gave the storm trippers permission to enter his empire...otherwise (seriously) where does NYC detectives get their authority to enter another jurisdiction.
P.S. Nothing will come of this. Especially if Bob Barr is running the show.
He was alive during the presentation of the case to the court. He just couldn't be found, or otherwise did not respond. He had after all been released when the lower court threw the charge out on the grounds that the law violated the second amendment. He wasn't a "good guy" by any means, and probably sought to stay away from federal courts after that. In the event he was killed after the oral presentations to the Court, but before the decision was handed down.
Check it all out in this collection of Miller documents
The last case they took that was directly a second amendment case was the 1939 Miller case Several fairly recent cases which they have declined to hear include:
and the 2001 Emerson Case.
As you can see, they rarely hear second amendment cases, they avoid them like Jihadies avoid swine, but they turn down opportunities to take such a case fairly frequently.
Where do I contribute?
The most recent one was Miller, which had no defendant (he had died.)
The court held that in the absence of a showing that a sawed off shotgun was a militia weapon, it cold not receive protection under the second amendment.
Of course, sawed off shotguns were used during WWI, as trench brooms. As written, the ruling would suggest that weapons issued to the Organized Militia (national guard) would be fit subjects for protection under the second amendment to members of the Unorganized Militia. That would include light (not crew served) machine guns.
Title 10, Section 311 has the definition for members of the militia.
My understanding, which could be wrong, is that this would not be allowed to happen today. An attorney would be appointed, from the Supreme Court Bar, to argue the case on behalf of the absent party.
Just think if the Toon were president during Miller. Knowing the only party to show up will win by default and the decision will become the law of the land, he would just have had Miller wiped out. Come to think of it, this WAS during FDR's reign...
Miller was still alive, when the case was argued. Argueably he probalby did not want to be found, after having been released following the trial courts dismall of the charges on second amendment grounds.
What makes you think the National Guard isn't equipped with Ma Deuce, in several of her incarnations? They also have Mk-19 automatic 40 mm grenade launchers, M-1 Abrams tanks, Bradly fighting vehicles with 25mm chain guns F-15 and F-16 fighter jets,A-10 attack aircraft (with 30 mm Gatling cannon), and most "all the terrible implements of the soldier".
That's such a good point!
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