Author Topic: CADL v MOC MML Amicus Brief  (Read 8130 times)

0 Members and 3 Guests are viewing this topic.

Offline TheQ

  • Website Content Manager
  • MOC Lifetime Member
  • *
  • Posts: 4263
    • Michigan Open Carry, Inc.
  • First Name (Displayed): Phillip
CADL v MOC MML Amicus Brief
« on: May 04, 2013, 06:25:53 PM »
The Michigan Municipal League (big not for profit that "sticks up" for Michigan municipalities) has filed an Amicus Brief with SCoM in CADL v MOC.

http://miopencarry.org/moc_files/cadl/MML-AC-Brief.pdf
I Am Not A Lawyer (nor a gunsmith).

Offline jgillmanjr

  • MOC Member
  • *
  • Posts: 654
    • Freedom Forged Security Consulting
  • First Name (Displayed): Jason
Re: CADL v MOC MML Amicus Brief
« Reply #1 on: May 04, 2013, 07:50:17 PM »
Brandishing? Really? That's some weak sauce.
IT Director
Deputy Treasurer
Legislative Aide

Offline linux203

  • MOC Member
  • *
  • Posts: 706
  • First Name (Displayed): Daniel
CADL v MOC MML Amicus Brief
« Reply #2 on: May 04, 2013, 10:47:03 PM »
They argue, on one hand, that the statutory language doesn't list authorities, therefore does not include them. Urging the SC to take a literal approach.

On the other hand, they argue brandishing, which is not defined by the law either.

One must argue intent, because it is impossible to legislate all possible scenarios.
When a strong man, fully armed, guards his own palace, his goods are in peace. Luke 11:21

Then He said to them, “But now, he who has a money bag, let him take it, and likewise a knapsack; and he who has no sword, let him sell his garment and buy one."  Luke 22:36

Offline ken243

  • MOC Member
  • *
  • Posts: 188
  • Paramedic
Re: CADL v MOC MML Amicus Brief
« Reply #3 on: May 07, 2013, 06:43:49 PM »
How is this case going anyway? Any word on dates for court?
Common sense, isn't.
I can't fix stupid.

Offline TheQ

  • Website Content Manager
  • MOC Lifetime Member
  • *
  • Posts: 4263
    • Michigan Open Carry, Inc.
  • First Name (Displayed): Phillip
CADL v MOC MML Amicus Brief
« Reply #4 on: May 08, 2013, 07:40:54 AM »

How is this case going anyway? Any word on dates for court?

We don't even know if SCoM will hear it. "Stay tuned".
I Am Not A Lawyer (nor a gunsmith).

Offline Bronson

  • Posts: 554
Re: CADL v MOC MML Amicus Brief
« Reply #5 on: May 08, 2013, 06:08:32 PM »
We don't even know if SCoM will hear it. "Stay tuned".

Does the SCoM have a timeline that they are supposed to follow in regards to deciding whether or not to hear the case?

Bronson
Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. – Thomas Paine

Offline TheQ

  • Website Content Manager
  • MOC Lifetime Member
  • *
  • Posts: 4263
    • Michigan Open Carry, Inc.
  • First Name (Displayed): Phillip
CADL v MOC MML Amicus Brief
« Reply #6 on: May 08, 2013, 06:29:31 PM »

Does the SCoM have a timeline that they are supposed to follow in regards to deciding whether or not to hear the case?

Bronson

I've asked Dean the same question, answer: no.

The estimate from the learned ones is 4-6 months. 
I Am Not A Lawyer (nor a gunsmith).

Offline Bronson

  • Posts: 554
Re: CADL v MOC MML Amicus Brief
« Reply #7 on: May 08, 2013, 09:38:17 PM »
I've asked Dean the same question, answer: no.

The estimate from the learned ones is 4-6 months.

Thanks.  I'll stay tuned.

Bronson
Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. – Thomas Paine