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Old 01-09-2013, 3:28 PM
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Lex Arma Lex Arma is offline
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Originally Posted by FABIO GETS GOOSED!!! View Post
When you argue an interpretation in a motion for summary judgment, and the court grants the motion and adopts your interpretation, it kinda does lol.

When, in August 1999 before the ordinance was amended to include the secured guns exception?

You might want to quote what was actually said with a little more precision, and in context, i.e., answering a direct question posed by one of the panel judges who had bought into the plaintiffs' "no guns, no exception" interpretation. The county consistently argued during that hearing that the Nordykes could have guns shows with guns secured, which means, obviously, gun shows with guns present and secured if not in the immediate possession of participants.

Which oral argument? It was the county that said, at the first en banc hearing, that cabling guns to the table would meet the secured guns exception. Perhaps you meant that guns cabled to the table were not acceptable to the Nordykes lol:

"The answer is no, we cannot conduct a gun show with guns tethered to the tables."

"We cannot run a gun show with guns cabled to a table your honor."

If gun shows with guns cabled to tables was what the Nordykes wanted all along, that might have been an appropriate time to say so lol.

They never bothered to ask, did they? Nor did they take any initiative whatsoever to propose it. That was because it wasn't what they wanted, despite their now claiming that this was some big "win."

In 2010 the county attorney called the plaintiffs' attorney to talk about how the plaintiffs would like to secure guns at their gun shows but the plaintiffs' attorney hung up on him. This particular exchange in the briefs filed after last year's en banc hearing could not be any more embarassing.

Reality check: even when the original panel was sold on "no guns, no exception," this case was a loser. The Nordykes never wanted guns shows with guns cabled to the table, and nobody whose decision matters agreed that this was a "win."
Just like the County, you are cherry picking facts. The JOINT STATEMENT OF UNDISPUTED FACTS for the summary judgment stipulated that County Counsel (Richard Winnie) was the only Alameda official authorized to interpret the ordinance. His interpretation in 1999 (after the amendment for secured guns), which has never been modified, was that no guns could be present at gun shows held at the fairgrounds.

That is a completely different set of facts from the Court holding a party to an interpretation of the law made by outside counsel in the Court of Appeals after the close of evidence.

This is simple, the Ninth Circuit hated this case. The County gave them an excuse to shut it down and they took it.
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