Another small case won

From SAF:

BELLEVUE, WA (1/27/17) – The Second Amendment Foundation has scored another court victory, this time in Montana where a federal district court judge has entered a preliminary injunction against the state’s citizenship requirement in order to obtain a concealed carry license.

U.S. District Court Judge Donald W. Molloy at the district court in Missoula has also stayed the case because the Legislature is currently considering legislation that would repeal the citizenship requirement. The case is Knutson v. Curry.

SAF founder and Executive Vice President Alan M. Gottlieb noted that this is just the foundation’s latest effort to secure protections for permanent legal resident aliens. The plaintiff in this case, Lenka Knutson, resides with her husband and two children in Whitefish. She is a citizen of Slovakia and a SAF member.

“We’re certainly happy with the judge’s ruling,” Gottlieb said, “and we’re gratified that the Montana Legislature is working to fix this problem. We’ve fought similar battles in Missouri, Nebraska, Arkansas, North Carolina and New Mexico on behalf of legal resident aliens.”

“This lawsuit is about the recognition that lawful resident aliens share the same Second Amendment rights as citizens,” attorney David G. Sigale noted. “We are very gratified that the Court has vindicated Ms. Knutson’s right to self-defense, and we are also glad the State is taking steps to correct a clearly discriminatory law.”

Under terms of the order, Judge Molloy also cancelled a scheduled Feb. 13 trial.

Lenka had gone to the Flathead County Sheriff’s Office in 2014 to apply for a concealed carry permit, even though she is not a U.S. citizen. The permit was denied because she is a permanent resident and not a citizen. The lawsuit followed, with representation by Sigale of Glen Ellyn, Illinois and Quentin M. Rhoades and Nicole L. Seifert of Missoula.

“The decision by Judge Molloy is one more example of SAF’s effort to win firearms freedom, one lawsuit at a time,” Gottlieb stated.

I think it is best to incrementally win nearly every small case rather than have a moderate or high risk of losing a big case. If enough precedent is established with the small cases the big cases will be easier to win.

5 thoughts on “Another small case won

  1. OK. The letter doesn’t say who this Curry person is, or why Curry is being sued, or what role the SAF played in any of this. Going to the SAF site, it’s too crufty to load the article within my tolerance timeframe, but it’s good enough and fast enough to load paid ads on their front page. I don’t really need to wait for a server to get around to compiling and uploading fifteen megabytes of google-bot ads and shit to read a small text article, do I? Who’s idea was that, and how much are they getting paid for it?

    I often have to wonder if anyone is really serious about anything, is the fucking point.

    I guess I’m impatient for justice, and at the same time sick and tired of people who can’t simply come out with it to make a point, and have to beat around the bush all damned day, or try to feed me foogle ads. instead.

    For one thing; a whole legislature, governor, etc., violates the hell out of their oaths of office, what are they still doing breathing? It’s our oxygen they’re breathing, and they’re using it to fuck with us. We’ve put up with this Progressive horseshit all our lives, and that only leads to more of it.

    • Sorry. I just spent all day doing paperwork for snot-nosed bureaucrats. I suppose it’s my own fault for entertaining them. If we all refused to feed them, they’d have to lay down and starve to death because they have no life skills but to feed off the substance of others. That includes lawyers too, by the way.

  2. “I think it is best to incrementally win nearly every small case rather than have a moderate or high risk of losing a big case. If enough precedent is established with the small cases the big cases will be easier to win.”

    This only works in an honest system. The legal system in America is a lot of things….honest is NOT one of them. There are plenty of instances where a judge has ignored clear precedent to rule based on his personal beliefs….which is usually why said judge was appointed to the bench. So he could serve the agenda of those in power, not to administer law and uphold the Constitution.
    Any victory is good but big ones actually accomplish things.

  3. Many States allow a Lawful Permanent Resident (Green Card) to apply for a Conceal Carry Permit. My State of South Carolina does. Federal Law does not prohibit a Lawful Permanent Resident from buying or possessing firearms.

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