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Topic: Firearm court cases


  
  Notable Court Cases Concerning Constitutional Issues
The Court of Appeal for the 5th district reversed the conviction on the grounds that the law was unconstitutional as being beyond the power of Congress to legislate control over local public schools, and the Supreme Court granted cert.
The state supreme court of New Jersey rejected the attack on the grounds that the ordinance discriminates on the basis of municipal residency and not state residency, and thus declined to broaden the interpretation of the privileges and immunities clause beyond the literal language in the constitution.
The lower courts found that the city's dedication requirements were "reasonably related" to the public interest in water and traffic management, and so the cost should be borne by Dolan for the management of the increased water flow and traffic that her development would bring.
www.lectlaw.com /files/lws48.htm   (20887 words)

  
 Stanley Williams - Wikipedia, the free encyclopedia
Court transcripts state that [5], Stanley Williams met with a man who is only identified in court documents as "Darryl" late sometime on Tuesday evening, February 27, 1979.
The Court of Appeals summary of the case [16] Williams stated "that various jurors misconstrued as a threat a question that he asked defense counsel at the close of the guilt phase.
On November 30, 2005, the California Supreme Court, in a 4-2 decision, refused to reopen Williams' case.
en.wikipedia.org /wiki/Stanley_Williams   (5804 words)

  
 Descriptions of the supreme court gun cases
This case was really answered in the Freed case, where the court said part of a violation of the NFA was the defendant's knowing the weapons in question were the sort subject to regulation.
One Assortment of 89 Firearms, 465 U.S. In this case the supreme court decides that an acquittal in a prosecution for violating the GCA does not prohibit the feds from trying to forfeit the guns in question to the government, for the exact same conduct for which one was acquitted.
In any case the sentence has to be within the statutory maximum, but in one of these cases, even though the defendant was acquitted of carrying or using a firearm in a drug crime, the court enhanced his sentence based on his possessing a firearm during the drug crime.
www-2.cs.cmu.edu /afs/cs/usr/wbardwel/public/nfalist/supreme_cases.html   (4720 words)

  
 NRA-ILA :: Fact Sheets
The Court unanimously held that the term "the people" in the Second Amendment had the same meaning as in the Preamble to the Constitution and in the First, Fourth, and Ninth Amendments, i.e., that "the people" means at least all citizens and legal aliens while in the United States.
This case is not a firearms case; it involves the federal switchblade knife act.
Yet, as the Supreme Court in Lewis, supra, made clear, Miller held that it is the firearm itself, not the act of keeping and bearing the firearm, which must have a "reasonable relationship to the preservation or efficiency of a well-regulated militia." The court did, however, recognize that Miller required evidence of the militia nexus.
www.nraila.org /Issues/FactSheets/Read.aspx?ID=52   (2403 words)

  
 California court cases
She was terminated for legitimate, non-retaliatory reasons and cannot produce evidence that would indicate that the stated reasons for the termination of her employment were a sham or that retaliation was the motivation.
The appeals court said: “If an employee at a law firm reports that a partner is defrauding clients out of money by issuing inflated legal bills, then that report inures to the benefit of the public as well as to the law firm.
Whether he had flat fee cases is irrelevant because that was unknown to James and does not factor into the reasonableness of her suspicions, appeals judges said.
www.desertsloth.com /4436.html?*session*id*key*=*session*id*val*   (2957 words)

  
 National Firearms Association - Court Cases   (Site not responding. Last check: 2007-10-02)
This case was lost, but the loss was almost as good as a win, because it established that conviction required proof that the accused did something that no prudent person would do.
That Supreme Court of Canada decision makes for an impossible situation, because it says that a firearm which can be made to fire full automatic "in a relatively short time and with relative ease" is a "prohibited weapon." Unfortunately, nearly ANY firearm meets that criterion.
This case was later negated by an National Firearms Association case in a provincial court, R v.
www.nfa.ca /legal-articles/court-cases-5.html   (1377 words)

  
 Court Cases
For guidance in all such cases as those referred to above, I may state that the duration of the period of restriction is arrived at after consultation between the Commissioner of Police and myself.
In the Court of the Magistrate for the District of Salisbury
In the case of Chief Mangwende the present man was not outside the succession but he really had not the prior claim as the attached letter shows.
www.swarthmore.edu /SocSci/tburke1/8bsyllabus/court_cases.htm   (2814 words)

  
 Court Cases Concerning the Second Amendment
The court still recognizes various levels of government and just as it was held that the amendments to the Constitution were restrictions on the federal government and not states or individuals, the court held that the applicable sections of the Fourteenth apply only to the state level, not the individual.
The court continues by stating that the purpose of assembly is to petition the government (a protest march or town meeting for example).
The Supreme Court overturned that ruling and implied that a weapon had to contribute to the efficacy of the militia to be protected by the Second.
www.geocities.com /CapitolHill/Congress/9015/page5.html   (4814 words)

  
 Pending Ill. Supreme Court Cases   (Site not responding. Last check: 2007-10-02)
Whether defendant’s death sentence was “fundamentally unjust” under 720 ILCS 5/9-1(i), because the trial court failed to specifically instruct the jury that the defendant’s background of extreme emotional or physical abuse was a mitigating factor.
Whether the Appellate Court erred by finding that Federal Rule 804(b)(6), which authorizes admission of a statement against a party that has “engaged or acquiesced in wrongdoing” which was “intended to, and did, procure the unavailability of.
Whether the trial court deprived the defendant of due process and fundamental fairness where it acted as an advocate for the State by assisting in cross-examination of a defense expert and in establishing a foundation to admit an exhibit that was highly prejudicial to the defense.
www.state.il.us /defender/summary.html   (3394 words)

  
 Significant United States Supreme Court Cases
A court in Carroll County, Maryland, indicted a 43-year-old defendant, Betts, for robbery in 1941.
Milligan appealed to the federal courts, claiming that his right to a trial by jury had been denied and that the proceedings of the military court were unconstitutional.
The Court found that the display, viewed in the context of the holiday season, was not a purposeful or surreptitious effort to advocate a particular religious message.
www.whc.net /irish/government/ap/cases.htm   (11058 words)

  
 Key Supreme Court Cases
He was convicted of conspiring to distribute cocaine, conducting a criminal enterprise (CCE), distribution of cocaine, possession of a firearm by a felon, and using or carrying a firearm during the commission of a drug felony.
The district court sentenced Rutledge to a life sentence for the CCE offense and a life sentence for the conspiracy charge, which was to be served concurrently to the CCE offense as it was the lesser of the two charges.
The issue argued before the Supreme Court concerned the level of proof needed to provoke a new examination of the case by the court of appeals.
www.ndsn.org /may96/forfeit.html   (1893 words)

  
 Publicola: Lawsuits & Court Cases Archives   (Site not responding. Last check: 2007-10-02)
Court weighs city's ability to write gun laws "The city of Denver told the Colorado Supreme Court on Wednesday that it wants to protect its citizens by being able to write its own gun laws.
I heard someplace that it is illegal to question or undermine the character of a sitting judge &/or of his court.
First of all the firearms division of that particular alphabet agency engages in nothing but unconstitutional activities, so it's not too surprising that they'd have no trouble bending...
publicola.mu.nu /archives/cat_lawsuits_court_cases.php   (1946 words)

  
 FindLaw: U.S. Constitution: Second Amendment
The Supreme Court has given effect to the dependent clause of the Amendment in the only case in which it has tested a congressional enactment against the constitutional prohibition, seeming to affirm individual protection but only in the context of the maintenance of a militia or other such public force.
After reciting the original provisions of the Constitution dealing with the militia, the Court observed that ''[w]ith obvious purpose to assure the continuation and render possible the effectiveness of such forces the declaration and guarantee of the Second Amendment were made.
Cruikshank, 92 U.S. [Footnote 4] 307 U.S. The defendants had been released on the basis of the trial court determination that prosecution would violate the Second Amendment and no briefs or other appearances were filed on their behalf; the Court acted on the basis of the Government's representations.
caselaw.lp.findlaw.com /data/constitution/amendment02   (974 words)

  
 Upcoming Supreme Court Cases
This case, actually three cases that were consolidated, was brought by prisoners who believe that Ohio corrections officials have violated their religious rights.
The Court of Appeals concluded that because the officer took part in these activities after hours and were unrelated to his employment, Mr.
In another case, the Supreme Court issued an 8-1 opinion that refused to clarify exactly when officers are allowed to use deadly force, but stated that an appeals court was wrong to allow a lawsuit against an officer who shot a fleeing burglary suspect.
www.iupa.org /newsroom/supcrtjan05.html   (1366 words)

  
 Archived Court Cases No. 3
The Kentucky Supreme Court reversed the murder conviction because the jury heard evidence that the defendant was on probation when he was arrested for the murder.
When he failed to appear on his next court date, he was charged with Bail Jumping, and a contempt citation was issued for his father, who had signed his bond, promising to have him back in court on the scheduled date.
Lexington, KY. William Joseph Benningfield, a resident of 211 Hambersham Court, was found guilty by a Fayette Circuit Court Jury of Trafficking in Cocaine and Lortabs and Possession of a Firearm.
www.lexingtonprosecutor.com /archivedcourtcasesno3.htm   (3249 words)

  
 GunCite-Second Amendment-The Supreme Court and the Second Amendment
Lewis, the petitioner, was convicted of a felony in a 1961 state court "for breaking and entering with intent to commit a misdemeanor".
And use of an uncounseled felony conviction as the basis for imposing a civil firearms disability, enforceable by criminal sanction, is not inconsistent with Burgett v.
The New Jersey Supreme Court restricted the definition of militia to "the active, organized militias of the states," that is, the National Guard.
www.guncite.com /gc2ndsup.html   (2479 words)

  
 Recent Court Cases
A jury considered the evidence in the case, convicted Taylor of Burglary, and recommended a sentence of 16 years to serve in the penitentiary.
Court records indicate that Buford was released on bond after her arrest and sent to a treatment program.
Because the criminal court is enforcing the restitution, the defendant is not currently responsible for payments toward the civil judgment; he will not be responsible until his probation has expired.
www.lexingtonprosecutor.com /recent.htm   (9528 words)

  
 Landmark Supreme Court Cases   (Site not responding. Last check: 2007-10-02)
, 32 U.S. 243 (1833) — Federal courts do not have jurisdiction in cases in which a citizen sues his state for violation of any of the Bill of Rights.
U.S. 432 (1895) — Court must instruct jury in criminal case that accused is presumed innocent.
, 514 U.S. 549 (1995) — Prohibition against possessing firearm in proximity of a school is not authorized as connected to interstate commerce.
www.chaosacrossamerica.com /Info/Judiciary/LandmarkCases.htm   (667 words)

  
 2nd Amendment Court Cases - THR   (Site not responding. Last check: 2007-10-02)
I am interested in all Federal 2nd Amendment related court cases that you guys may be aware of.
I remember some time ago that the 9th circuit court of appeals gave a decision about the 2nd amendment that was anti individual rights.
Nordyke vs King, thats a CA case, that went to both CASC and 9th CCA, unknown if its going to be heard by SCOTUS.
www.thehighroad.org /showthread.php?t=75416   (323 words)

  
 Landmark Court Decisions
Mayor and City Council of Baltimore, 32 U.S. 243 (1833) — Federal courts do not have jurisdiction in cases in which a citizen sues his state for violation of any of the Bill of Rights.
United States, 445 U.S. 55 (1980) —; Person who has been convicted of a crime in a state court may be convicted of a federal crime for possession of firearms.
Lopez, 514 U.S. 549 (1995) —; Prohibition against possessing firearm in proximity of a school is not authorized as connected to interstate commerce.
www.constitution.org /ussc/usscdeci.htm   (976 words)

  
 NFA and other gun, knife and destructive device law related info and cases
Jump to: FAQs, Pictures, Laws, Supreme Court Cases, State Court Cases, Other Court Cases, Hearings, ATF records issues, Historical ATF forms, GAO, Links, Jim Jeffries' Articles, Auto Knives, AG Opinions, CLEO signoff lawsuit, Misc.
Descriptions of various gun court cases (a-t)(and links to cases)(81k)
Firearms in Russia (history and laws, in english)
www-2.cs.cmu.edu /afs/cs.cmu.edu/user/wbardwel/public/nfalist   (836 words)

  
 tBlog - Dr. Forbush Thinks
I knew the outcome of the case and how pride had brought down William Jennings Bryan as he was cross-examined.
In my case I get up every morning with the sunrise in order to exert myself for over an hour to burn calories that I save by riding in my car to get to work.
Obviously the Democrats have other options that simply make more sense than “stay the course.” But, the Republicans are going to make the case that there are two choices, either you are with the Republicans, or you are with the Democrats and the terrorists.
drforbush.tblog.com   (18318 words)

  
 Research and Statistics
Well known for providing "every legal thing on the Web," FindLaw has devoted several pages to terrorism-related news and analysis, including a searchable database of terrorism-related court cases, copies of pertinent laws and documents, and web site links and contact information useful to legal professionals and other interested people.
This database includes cases and reported incidents of trafficking in nuclear and radioactive materials in and from newly independent states.
In addition, two of the world's largest collections of standards and technical reports can be located via this reference portal.
www.counterterrorismtraining.gov /stat   (4719 words)

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