PDA

View Full Version : Parker v. California Final Order


huck
02-04-2011, 2:57 PM
I haven't read it all yet, but the final order from Parker is available. I'm surprised I didn't see a thread on here already - or maybe I just missed it?

Parker v. California (http://michellawyers.com/wp-content/uploads/2011/02/Parker-Final-Order_R.pdf)

I like this bit that he cites:

“Vague laws offend several important values. First, because we assume that man is free to steer between lawful and unlawful conduct, we insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly. Vague laws may trap the innocent by not providing fair warnings. Second, if arbitrary and discriminatory enforcement is to be prevented, laws must provide explicit standards for those who apply them. A vague law impermissibly delegates basic policy matters to policemen, judges, and juries for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory applications.” Grayned v. City of Rockford, 408 U.S. 104, 108–09 (1972)

ripcurlksm
02-04-2011, 3:07 PM
nice pull

IGOTDIRT4U
02-04-2011, 3:10 PM
Great find. I can use that case law. Add that to Westlaw. :cool:

BoxesOfLiberty
02-04-2011, 3:30 PM
So now that "handgun ammunition" is officially unconstitutionally vague, has anyone started a group buy for KTW ammunition?

bwiese
02-04-2011, 3:39 PM
I seem to recall Grayned is cited in Harrott decision, too

Kodemonkey
02-04-2011, 3:39 PM
My favorite so far is : "there is no legislative purpose clause or preamble in the Anti-gang protection act of 2009"

That one always bothered me. My wife kept asking me; "what was the purpose of AB962 and what problem did they think it would solve?" I thought it odd that there wasn't a preamble declaring their intent. Although; "in order to keep law abiding citizens defenseless, we plan to make it a huge pain in the *** to buy ammo", probably would have been too obvious...

Kharn
02-04-2011, 3:56 PM
So now that "handgun ammunition" is officially unconstitutionally vague, has anyone started a group buy for KTW ammunition?962 stated something about 'primarily used in handguns', ATF's position is if any semiauto pistol is chambered in that caliber then it is handgun ammo (see Olympic Arms, their 7.62x39 AR pistols and the subsequent ban on 7.62x39AP) for the purposes of the armor piercing law.

BoxesOfLiberty
02-04-2011, 4:10 PM
...Although; "in order to keep law abiding citizens defenseless, we plan to make it a huge pain in the *** to buy ammo", probably would have been too obvious...

Funny. They've almost gone that far talking about the bill's successor AB 124:

There are too many handguns to remove from society ... but by focusing on ammuniction ... we have an opportunity.

N6ATF
02-04-2011, 4:44 PM
:dupe: http://www.calguns.net/calgunforum/showthread.php?t=388417

huck
02-04-2011, 5:01 PM
:dupe: http://www.calguns.net/calgunforum/showthread.php?t=388417

This is not a dupe (at least to that link). That's not the same document. This is the final order. Have a look. The order in this link is where the judge actually tells us what formed his opinion. This is the meat. I believe this stuff can be cited in other cases, too. That makes this important.

N6ATF
02-04-2011, 8:28 PM
So I wonder when the final final final order will be then...

And the final final final final order...

LOL

ke6guj
02-04-2011, 10:32 PM
This is not a dupe (at least to that link). That's not the same document. This is the final order. Have a look. The order in this link is where the judge actually tells us what formed his opinion. This is the meat. I believe this stuff can be cited in other cases, too. That makes this important.

ok, if that is not a dupe, then this is the dupe, http://www.calguns.net/calgunforum/showpost.php?p=5740665&postcount=26 . The final order was posted here.

Mstrty
02-05-2011, 9:58 AM
ok, if that is not a dupe, then this is the dupe, http://www.calguns.net/calgunforum/showpost.php?p=5740665&postcount=26 . The final order was posted here.

boy you dupe nazis need to :chillpill: so often I never see the original due to lack of bumping, then a repost gets my full attention.
To the OP thanks for the post.