SECOND AMENDMENT LAWSUIT UPDATE
by Dwight Kehoe, Editor, TPATH, ©2016
As many who have been following this lawsuit will recall, it was given no chance of survival. We were told that there was zero chance the case would last two months and all the work, research and cost we put into this effort would be blown away in an ideologically powerful gust.
That, my good friends, didn’t happen. Here we are more than 17 months after the official filing of Purpura v. Christie, et al, this case has seen various efforts consisting of illegal collusion, unethical misapplication of law, fabricated technicalities, judicial misconduct, dirty tricks, and the failure of the District Court to rule on the authorities of the lawsuit.
During this time the SAPPA Group wrote letters to the editors of newspapers, requested assistance from the NRA and other various Second Amendment Rights organizations. We contacted radio stations, we issued Press Releases and posted information on Facebook and Twitter. All of this fell on deaf ears and blind eyes. Not one of these groups would help in any way. All of the gun groups, at least the ones that had the courtesy to respond, told us we were wasting our time and they needed to get back to their real goal, raising money.
Before we go on, it is important for our readers to know that there were several online websites that supported our effort by posting our articles and updates. The Post & Email, Conservative News and Views, Ammoland, National Middleclass Network Briefer, Before Its News and several others have been great supporters. Also it is important to report that the Central Jersey Rifle and Pistol Club and its members have been wonderful supporters. Without their help, this lawsuit would have indeed faltered.
Help also came from several Tea Party groups and individuals. Jersey Shore, Ocean County Citizens for Freedom, members of the New Jersey Gun Forum have all helped. Mr. Purpura and the SAPPA Group wish to extend our heartfelt thanks to all of these patriots and patriotic groups.
We were not surprised that the news media, in all its forms, ignored this case because as much as they despise Governor Christie, they hated gun rights much more. They knew that the anomaly of a Republican governor would pass. If this Civil Rights case was successful, it would be forever.
So, where are we now? What is the status of this lawsuit? The one that would not last a month? Here is a summary and an update. To see more detail and read or download all of the documents generated by this case please visit; http://www.tpath.org/sappa-news-and-reports.html
Here is a summarized list of events:
- The Brief was filed in the Federal District Court in Trenton
- All the proper procedures were used and complied with
- The suit was filed as a Pro Se (Non-attorney)
- The District Court issued a Docket Number 15-03534
- The case was assigned to Judge Shipp, an Obama appointee
- After a few weeks delay the Court issued a Summons to the Defendants
- The Court denied the Poor Man’s filing which is usually permitted for a Pro Se
- The Court issued an order to that effect and gave Purpura 14 days to pay $400
- The Court never notified Purpura of that order and probably colluded (illegally) with the Defense Teams and told them the case would be closed
- Purpura, through vigilance discovered the Order and paid the fee before the deadline
- All three defense teams, under the assumption that the case would be closed for lack of payment, failed to file a timely response
- That failure, under Federal laws which govern the court system, automatically put them into Default
- Purpura filed a Motion for Default
- Several defense attorneys, having had their butts beat, were demoted and several new high priced attorneys were brought in.
- Judge Shipp continued to ignore or deny Purpura’s request for an oral argument which would have created a court record
- Purpura notified the court of his rights regarding oral arguments, he informed the Court of the Federal violations of the Defense teams, these filings also went unaddressed
- The Defense Teams once again added new attorneys filed a letter which was supposed to fulfill the requirement of a formal motion
- Purpura informed them that the letter was not legally acceptable and even if it was, they has already defaulted
- During these several months Judge Shipp issued several notices stating dates when he would make a ruling
- Following each of those notices Purpura informed the Judge that the ruling which was to be made, better be based on the law, not ideology
- All the ruling dates came and went, without a ruling
- The Defense team dreamed up technicalities which had no baring or legal standing and issued them to the Judge hoping to get a dismissal
- Purpura filed documents which showed the Court that they must not dismiss a Pro Se on technicalities and if that was tried he would be held ethically accountable
- The Court did not dismiss on the requested technicalities
- Purpura wrote a letter to the Chief Judge, Judge Shipp’s boss, and listed all the dirty tricks being pulled and requested that an investigation be done
- Purpura then wrote a letter to Judge Shipp requesting that he recuse himself from the case stating that he, the Judge, was incapable of ruling on the law as his ideology forbade it
- No response from the Chief Judge or from Judge Shipp was forthcoming
- Judge Shipp issued a Court Order demanding that the original Brief be rewritten and resubmitted or he would Dismiss with Prejudice
- His reason for requiring this was that Purpura, a non-attorney had filed a Brief which was too detailed and too complicated for the high priced professional Defense Team
- Purpura filed a Vacate and Recall Motion for that order to resubmit
- After several weeks, Purpura’s Motion was denied, without explanation
- Purpura filed a request to the Third Circuit Court of Appeals demanding that they step in and stop the miscarriage of justice taking place in the lower court
- That request to the Circuit Court was denied based upon the court stating they did not have Jurisdiction to interfere in a lower court’s ruling
- Purpura followed it up with a well-researched letter which provided court precedents supporting his position that they do have Jurisdiction
- All parties concerned were informed that Judge Shipp had been removed from the case
- The Circuit Court issued a new court order backing off the earlier one and gave 21 days to Purpura to file a Brief in support of his request to have the lower court’s ruling vacated
- Purpura filed that Brief last week and it is now in the hands of the Circuit Court
- That Brief included a request and sufficient authority for the Circuit Court to rule the Defendants in Default and grant the Claims of Relief as stated in last year’s filing
That is where the case stands right now. There are several things which can happen next. But, as was the original intent of this lawsuit Purpura has managed to get his RICO Action into the Circuit Court of Appeals. That of course was the thing the liberals most feared and the detractors on our side felt would never happen.
Now we come to the important stuff. As Nick told all of us who have toiled in this case, right from the beginning, there was very little chance that any liberal court, of which both the District and the Circuit are, would ever allow the free and open certification of the Second Amendment, that the only chance would be in the US Supreme Court.
While all these delays from the District Court in the beginning seemed frustrating, Nick told us that in fact it may be a Godsend. With the death of Scalia and a 4 to 4 balance on the Supreme Court, with any ruling made by them resulting in a tie, the lower court ruling would stand. This we cannot have happen.
The hope is that this case does not get to the Supreme Court until after the Justice that President Trump puts in place has taken his or her seat.
Understand that all the work Purpura and the SAPPA Group have done will wither away like snowflakes in spring dawn if Hillary appoints the next Justice. By the way, not just your Second Amendment rights are in danger, but so are all the other rights, as well as this entire country.
There is no way we can recover from or survive 40 years of a liberal Supreme Court.
To read the earlier filings, click here and scroll to the bottom.