DOJ told PSP sales database is illegal...

[LittleRedToyota]

Originally Posted by ChamberedRound

It's not the fault of any branch of government that lawyers cost a lot of money.

it is still a shortcoming in our system, imho, that it takes money to hold the government to rule of law.

imho, some of the ridiculous amounts of money our government spends should be redirected to reimbursing citizens who are forced to spend money on a lawyer to hold the government to rule of law and citizens who are forced to spend money on lawyers to defend themselves against criminal charges and are then found not guilty.

They operate in a (relatively) free market just like many other businesses in the economy. Lawyers will also, in cases such as this, often work for a percentage of the award on the back end if they feel the case has merit.

actually, whether the case has merit or not is not the determining factor. rather, it is whether or not there is likely to be a financial payoff. there is not likely to be one in this case. so whether or not the case as merit, no lawyer is likely to take it on a contingency basis.

that only works when suing for damages...there are likely no damages to be awarded here...just a court injunction telling the PSP to destroy the data.

[Asmodeus6]

Then class action would be the best case scenario wouldn't it? Spread the cost around? Is there no governing body in PA that would be part of it's job to hold other officiating bodies to the letter of the law?

I'm trying to find a way to use existing state money (ours anyway) to pay for this. It would be nice if we could find help in the form of another draconian governing entity to slug it out with the PSP in a courtroom like godzilla and mothra.

Preferably on our already paid (taxes) dime. And not directly from our pockets...

[LittleRedToyota]

Originally Posted by Asmodeus6

Then class action would be the best case scenario wouldn't it? Spread the cost around?

class action doesn't spread the cost around. the cost is borne by the attorney. the financial award (which there is not likely to be in this case) is spread around...with a large chunk going to the attorney (which is why they do class action cases in the first place).

but, in this case, there really is likely to not be any financial award as it would be very hard to show financial damages.

thus, imho, a typical class action case is not likely here unless some lawyer wants to do it just on principle (or to get his name out there) or some organization or wealthy individual foots the bill.

Is there no governing body in PA that would be part of it's job to hold other officiating bodies to the letter of the law?

yeah, the attorney general's office. good luck getting them to act. and, frankly, given that the PA supreme court already somehow ruled the PSP are not violating state law, this probably needs to happen on the federal level. which means the DOJ would be the relevant organization. but, even better luck getting them to do anything.

[Warpt762x39]

Originally Posted by ehidle

So have many others... Class action maybe?

Oh Gunlawyer! J/k.


Maybe we should approach the ACLU about this one. I know a lot of the stuff they do draws some serious WTF comments but couldn't this be considered a civil rights type lawsuit?

[lexnaturalis]

Originally Posted by Warpt762x39

Oh Gunlawyer! J/k.
Maybe we should approach the ACLU about this one. I know a lot of the stuff they do draws some serious WTF comments but couldn't this be considered a civil rights type lawsuit?

Probably, except for the fact that the ACLU will see the word "firearm" and run the other way.

[Warpt762x39]

Originally Posted by lexnaturalis

Probably, except for the fact that the ACLU will see the word "firearm" and run the other way.

Just don't mention that part til they agree to take the case lol

[wa3ra]

It seems to me that anyone who has had a weapon seized because it 'wasn't the database' has a cause of action...

[Lazydog]

Originally Posted by LittleRedToyota

class action doesn't spread the cost around. the cost is borne by the attorney. the financial award (which there is not likely to be in this case) is spread around...with a large chunk going to the attorney (which is why they do class action cases in the first place).

I believe he was thinking more on the lines of spreading the cost around to the different people that sign up for the CA. This would bring the cost down for everyone and the more people sign up the less everyone would have to pay.

Maybe this is the way to fight government. The more people who sign up the cheaper it is for everyone. And a win is good for everyone, both getting the government to follow the laws and cheap for the gun owners.

[ehidle]

Originally Posted by LittleRedToyota

yeah, the attorney general's office. good luck getting them to act.

No kidding... he's too busy running for governor to bother with enforcing the law...

[Carnes]

Well, does anyone know of an attorney that would feel confident taking the case? Any idea how much it would cost? ...Ballpark figure?

Seeing as we belong to an association of firearms owners in PA, I think the onus is on us to do something about this if we really want to see something done. The PAFOA membership has pulled together numerous times in an effort to help individual members, maybe it is time for us to pull together to do the right thing for all PA firearms owners?