Plaintiffs Maxwell Hodgkins, Stephen Dearth, and Alan Gottlieb of the Second Amendment Foundation, Inc. (“SAF”), presented constitutional challenges to 18 U.S.C. § 922(a)(9) (does not allow any person “who does not reside in any State to receive any firearms unless such receipt is for lawful sporting purposes”) and 18 U.S.C. § 922(a)(5) (prohibits the transfer of firearms to any person “who the transferor knows or has reasonable cause to believe does not reside in . . . the State in which the transferor resides”).
January 5, 2010: Judge James Robertson, U.S. District Court for the District of Columbia dismissed Maxwell Hodgkins, et al. v. Eric Holder, No. 09-0587-JR sponsored by Alan Gottlieb and the Second Amendment Foundation.
This is closely related to my own Seaman’s lawsuit for the right to openly keep and bear arms in intrastate, interstate, and maritime travel (aboard a container ship to defend against pirates on the high seas) that I have been pushing since 2002, nine months after the terrorist attacks of 9/11 in 2001. Who is the greater patriot to freedom and the Second Amendment? Alan Gottlieb in all his media glory and publicity or me, a lone merchant seaman gone broke suing the U.S. Government for seamen’s rights under the Second Amendment?
Judge Robertson rightfully SLAMMED Alan Gottlieb’s Second Amendment Foundation, in what I intrepret the judge as saying, for not doing their homework on the most fundamental part of case development: Standing to Sue. Alan Gottlieb, through the Second Amendment Foundation, contended that the work it must do fielding questions from constituents about the laws at issue justifies standing, its voluntary act of teaching is the basis for their claim of constitutional injury.” Judge Robertson laughed this off with a dismissal. Hell! For all the damage Alan Gottlieb and the Second Amendment foundation did to the judicial war over the Second Amendment he and his organization, in their apparent incompetence backfiring in their face, essentially aided and abetted the anti-Second Amendment federal judges’ war against the Second Amendmdent.
EXCERPT FROM JUDGE ROBERTSON’S MEMORANDUM DISMISSING THE CASE:
An association may sue on behalf of its members if (1) its members would otherwise have standing to sue in their own right, (2) the interests at stake are germane to the organization’s purpose, and (3) neither the claim asserted nor the relief requested requires the participation of individual members in the suit. Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc., 528 U.S. 167, 181 (2000). SAF cannot meet the first requirement, because it has failed to allege that it has any members who are U.S. citizens residing abroad who intend to purchase firearms domestically in violation of the laws at issue.
My emphasis added. How many attorneys does SAF have? How many years has SAF been litigating the Second Amendment in federal courts? Doesn’t this have the impression of incompetence? Or, do they intensionally screw up a good case just to keep the fight going? Are they (and the NRA by extension) afraid to win the “full scope” of Second Amendment rights? I suspect their clients might have a good claim of incomptent representation against SAF’s attorneys. But what do I know. I’m just an lowly U.S. merchant seaman who’s been in federal litigation since 2002. I don’t know everything. But I do know bad representation when I see it. I suspect that Alan Gottlieb is in the Second Amendment advocacy game just for the fame, glory, and publicity it provides just like Obama’s party crashers.
Alan Gottlieb and his organization would have done better doing a PowerPoint Presentation to the Secretary of Education instead of being so unprepared in taking what appeared to be a good Second Amendment case with merit to the federal court in Washington, DC. In a grandstanding show for publicity Alan Gottlieb definitely screwed the pooch on this one.
Alan Gottlieb made my own Second Amendment case extremely much more difficult for me. I am preparing my own forthcoming lawsuit for the very same court that he trashed the fight for Second Amendment rights for those of us who travel internationally, i.e., U.S. merchant seamen aboard containerships who must face pirates on the high seas. I must NOW revise and adapt my lawsuit in light of Judge Robertson’s opinion on Standing and Preenforcement Standing.
THANKS ALOT MR. ALAN GOTTLIEB! WITH ADVOCATES LIKE YOU WHO NEEDS THE LIKES OF SARAH BRADY? WITH YOU IN THE FIGHT, ALAN GOTTLIEB, WE WILL WIN THE “FULL SCOPE” OF SECOND AMENDMENT RIGHTS WHEN . . .