View Single Post
Old 12-03-2012, 3:27 PM
wolfwood's Avatar
wolfwood wolfwood is offline
Senior Member
Join Date: Mar 2012
Location: San Diego
Posts: 941
iTrader: 0 / 0%

Originally Posted by wazdat View Post
Amen. I'm not alone in wishing for a laymen's explanation of what is happening and the possible outcomes.

The pissing contests get old after awhile.
There is a rule that you have to file with the Court a form that goes to the State when you are trying to overturn a State law by suing a City or anything else that is not the State or part of the State government. The state has 60 days to decide whether it wants to become part of the lawsuit

The Peruta case originally was trying to overturn California's CCW law. The original attorney never filled out the form.
Once the NRA's attorney's got involved they changed the case to say the way San Diego was interpreting the law was wrong. However since the lawsuit originally about overturning the law they still had to fill out the form.

The most likely outcome is the guy arguing the case is going to have to waste a bunch of time telling the court why not sending the form is not important. However, there is a chance that the case will be sent all the way back to the original court because of this form.

In the Richards case they did send the form. However, the lower court did not send the form to the State. The rules say it does not matter who messed up that form has to be sent and it is on the people suing to double check that is was received by the state. So in Richards, they are going to have to spend time arguing why this does not matter. However, there is a really small chance that is might have to go back to the original court to.

This is the form.

Last edited by wolfwood; 12-03-2012 at 3:30 PM..