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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 01-07-2013, 6:54 AM
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Default R.I.P. Nordyke v King

It's been a long hard fight. SCOTUS denied certiorari today on the request for a hearing on damages and attorney fees.

http://www.supremecourt.gov/orders/c...13zor_5426.pdf

On the bright side, see you all at the next Pleasanton Gun Show in Alameda County.
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If civic virtu does not reside in the people - no constitution, no bill of rights, no legislative body and no court will be able to preserve our liberties.

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Last edited by Lex Arma; 01-07-2013 at 10:39 AM..
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  #2  
Old 01-07-2013, 7:07 AM
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Thanks to you and the Nordykes for all of the hard work!!
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Soon it will be clearly immoral to routinely violate the bill of rights like the California courts so enjoy today.

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  #3  
Old 01-07-2013, 7:09 AM
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What a crock this has been. Thank you for your 12 (or is it 13 now?) years of blood, sweat, and tears on this case Don. Looking forward to your work ahead. Godspeed!
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  #4  
Old 01-07-2013, 7:12 AM
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It was a fight worth fighting. Thanks to all.
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  #5  
Old 01-07-2013, 7:16 AM
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I'll make sure to support them by attending every show possible.

Sent from the depths of the S3 Galaxy via Tapatalk 2
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  #6  
Old 01-07-2013, 7:59 AM
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Thank you for your work.
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  #7  
Old 01-07-2013, 8:06 AM
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The work is appreciated. The shafting by the governments is not appreciated.

My thanks to Lex Arma and the Nordykes!
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  #8  
Old 01-07-2013, 8:09 AM
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Thanks for your hard work on this case.
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  #9  
Old 01-07-2013, 8:21 AM
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:beer::beer:
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  #10  
Old 01-07-2013, 8:36 AM
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Thank you and the Nordykes very much for all of your tireless work!
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  #11  
Old 01-07-2013, 9:20 AM
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Cliff Notes for us late comers?
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  #12  
Old 01-07-2013, 9:37 AM
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At least we're now done with all the "pending Nordyke" delay tactics .
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  #13  
Old 01-07-2013, 10:11 AM
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Will this allow future gun shows in the LA county?? Pomona?? I am sorry for noob question
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  #14  
Old 01-07-2013, 10:27 AM
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Thanks for staying in such a long fight and never giving up. Sometimes you win, sometimes you come to a draw. IANAL but my understanding is that Nordyke ended in a draw basically? I wish you could have recovered your fees.

Everyone, this is why the gun rights orgs need our $$$. Sometimes there's a big pay-out at the end to cover all the fees, and sometimes there isn't, and these things are never completely predictable. The attorneys in this fight (on our side) are not doing it for the money.
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  #15  
Old 01-07-2013, 10:41 AM
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Quote:
Originally Posted by chainsaw View Post
Don: Please correct the title of this thread. As far as I know, Mr. and Mrs. Nordyke are alive and well, unlike Mr. Noveske. Having this title will give people an unnecessary scare.
Done. Thanx.
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  #16  
Old 01-07-2013, 10:41 AM
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THANK YOU Don, Sallie, Russell, and everyone involved for a long hard fight.

It's priceless when we have certain rights that cannot be infringed because of your dedication.

Erik.
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  #17  
Old 01-07-2013, 10:55 AM
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Quote:
Originally Posted by winnre View Post
Cliff Notes for us late comers?
http://wiki.calgunsfoundation.org/Nordyke_v._King

Wiki will be updated later today.

Darn, that was a long slog.
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  #18  
Old 01-07-2013, 11:00 AM
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Don

Thanks to you, as well as Sallie, Russel & the gang for carrying on so long.

For other readers here who may not be aware, I just want to say this case allowed Don (at least for a few
months before en banc) TO BE THE FIRST PERSON IN HISTORY THAT 'INCORPORATED' THE 2nd AMENDMENT.

I dunno if ABA has a 'badge' for that (probably not, given the subject!) but you're "In the Books".

Quote:
On the bright side, see you all at the next Pleasanton Gun Show in Alameda County.
And that's what it's really all about - that's the win.

We're gonna have to mob this show "just 'cuz" - though given the last few weeks of gun purchasing context, that shouldn't be too hard to achieve.
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  #19  
Old 01-07-2013, 11:01 AM
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Thank you Don, the Nordykes, and everyone that worked so hard on this case for so long.
Your efforts are greatly appreciated.
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  #20  
Old 01-07-2013, 12:44 PM
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I want to shout out a heartfelt thank you for your tireless work on this case. That is dedication to the cause indeed and its much appeciated by all. The 9th circuit denials and sidestepping of some issues not so much. However this paves the way and shows that we will not roll over so just for that alone its a win. Good job. Arms are borne so laws may rule!
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  #21  
Old 01-07-2013, 12:50 PM
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Thanks Don for all the hard work you have done. Now please go take a well deserve vacation if time permits. When you get back please look into my case. I've been diligently waiting.
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  #22  
Old 01-07-2013, 1:05 PM
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Anyone know who attorney Huntley is (very bottom) and why he is being disbarred??
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  #23  
Old 01-07-2013, 1:30 PM
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Wow that which seemed to never end, has. May we all not live in such interesting times. Am looking forward to some of the cases that are on hold moving further up the court levels & some much anticipated victories on our side.

Thanks to all who held up the fight for way too long, your efforts were/are inspirational to us all!
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  #24  
Old 01-07-2013, 1:48 PM
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Thanks for all the years of hard work, Don - I look forward to attending the next show!

--Neill
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  #25  
Old 01-07-2013, 4:39 PM
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Kinda confused with the reactions, did they win or lose the case? Is there really a gun show in Pleasanton?
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  #26  
Old 01-07-2013, 4:53 PM
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Quote:
Originally Posted by winnre View Post
Cliff Notes for us late comers?
Here is the meat (but no potatoes) of it as I understand it:

Alameda County made it basically impossible to hold a gun show. For 12 years it went back and forth in the 9th circuit court. The Nordykes temporarily "lost"... but then the Heller federal case breathed new life into the case, and they fought it out some more. The Nordykes won. Then, because of a rarely-excercised right of the court to hear a case "en banc", (more judges than the 3 judge panel that is normal), that win was vacated (set asside). Then, when it was time to re-argue the case in front of the larger panel of judges, Alameda county surrendered wihtout a fight.... in Oral arguments, they conceded their case to avoid the court ruling once again for the Nordykes, thereby gaining a case to cite in future lawsuits.

After all of this BS, the Nordykes (and Don) tried to get the court to force Alameda county to pay for some attorney fees for dragging it on for several years for no reason... the court denied the motion, so they appealed that denial and the Supreme Court refused to hear the case.

So... basically... a chicken-snit move by Alameda county robbed Don out of millions of dollars in lost revenue, the Nordykes out of a victory, and the entire gun community a case win that could have been cited in the future.
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12050[CCW] licenses will be shall issue soon.

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  #27  
Old 01-07-2013, 5:03 PM
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Congrats for all of the hard work!
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  #28  
Old 01-07-2013, 5:09 PM
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Don, you and the Nordykes have my heartfelt thanks for being willing to go the distance for our right to keep and bear arms, and for the incredible effort you went through here.

That the Supreme Court declined cert sadly comes as no surprise to me, and I am quite unhappy with the implications of that for us. But it certainly wasn't for lack of trying!

Keep fighting the good fight, sir!
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  #29  
Old 01-07-2013, 5:55 PM
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Quote:
Originally Posted by E Pluribus Unum View Post
The Nordykes won.


Here is a quiz, which is from 2007 and which is from 2012? This:

Quote:
Additionally, the exception contains the unqualified word, “event,” that preserves the possibility that any number of events can satisfy the exception provided that the firearms are secured when not in the actual possession of the participant, including Plaintiffs’ gun shows.
or this:

Quote:
Moreover, the County affirmatively asserts that Plaintiffs, when conducting a gun show, may offer firearms for sale with the requirement that, when a “firearm is not in the actual possession of the authorized participant,” the firearm must be “secured to prevent unauthorized use.”

6 years of appeals and they "won" exactly the same thing they already had when they started!
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Old 01-07-2013, 6:09 PM
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Fabio, any chance you'll help preserve the GCC gun show?
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Old 01-07-2013, 6:09 PM
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Fabio, any chance you'll help preserve the GCC gun show?
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  #32  
Old 01-07-2013, 6:21 PM
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Quote:
Originally Posted by FABIO GETS GOOSED!!! View Post


Here is a quiz, which is from 2007 and which is from 2012? This:



or this:




6 years of appeals and they "won" exactly the same thing they already had when they started!
That was neither my take, nor Judge O'Scannlain's (the judge who presided over the the case since 1999) take on when the County capitulated.

Of course you are entitled to enjoy the taste of government boot polish. I never acquired the taste myself.
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If civic virtu does not reside in the people - no constitution, no bill of rights, no legislative body and no court will be able to preserve our liberties.

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I get the top bunk.
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  #33  
Old 01-07-2013, 6:22 PM
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Quote:
Originally Posted by curtisfong View Post
Fabio, any chance you'll help preserve the GCC gun show?
Only if they sell beanie babies there!
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  #34  
Old 01-07-2013, 8:27 PM
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RIP

When is the show?
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  #35  
Old 01-07-2013, 8:43 PM
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Congrats! I remember the Alameda county fairgrounds shows well. Now let's bring back the San Mateo fairgrounds gun shows too.

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Old 01-07-2013, 9:04 PM
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Quote:
Originally Posted by Lex Arma View Post
That was neither my take, nor Judge O'Scannlain's (the judge who presided over the the case since 1999) take on when the County capitulated.
Well I think it can be safely said that after 6 plus years of appeals and nearly a million dollars in fees and lost profits, it has been conclusively determined that both of you were wrong.
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Old 01-07-2013, 9:16 PM
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Quote:
Originally Posted by FABIO GETS GOOSED!!! View Post
Well I think it can be safely said that after 6 plus years of appeals and nearly a million dollars in fees and lost profits, it has been conclusively determined that both of you were wrong.
Right. Because every petition not granted had no merit.
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Old 01-07-2013, 9:17 PM
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Default Tough one.

It was a crap shoot to go to the SCOTUS and sometimes the "dice" just don't roll your way, but if you don't try, the dice will never role your way.

Right now our side is going through a filtering process where we are seperating the "civil rights folks" from the "hobbyists and sportspersons".

Don took the case on principle, something that many people sadly are lacking.

Don, I know this is a huge letdown, but you did what few others would do because unlike others, you are a pitbull and you stick with your principles and your beliefs.

Don just got beaten down really bad, as a community our response should be supportive because if any of us got beaten down, we would want people to help us up.

Nicki
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  #39  
Old 01-07-2013, 9:20 PM
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Quote:
Originally Posted by FABIO GETS GOOSED!!! View Post
Well I think it can be safely said that after 6 plus years of appeals and nearly a million dollars in fees and lost profits, it has been conclusively determined that both of you were wrong.

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Quote:
Originally Posted by Alan Gura
The Second Amendment now applies to state and local governments. Our lawsuit is a reminder to state and local bureaucrats that we have a Bill of Rights in this country, not a Bill of Needs
Quote:
Originally Posted by hoffmang View Post
12050[CCW] licenses will be shall issue soon.

-Gene
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Originally Posted by Meplat View Post
Ignorance of the law is no excuse……..except for police.
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  #40  
Old 01-07-2013, 9:43 PM
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Quote:
Originally Posted by FABIO GETS GOOSED!!! View Post
Well I think it can be safely said that after 6 plus years of appeals and nearly a million dollars in fees and lost profits, it has been conclusively determined that both of you were wrong.
Congratulations on your .... Uh....your...efforts to.....advance the cause of legal snark! You have really worn out the sidelines on this one.

Any chance you might pitch in to help the overall RKBA movement now that the case is done?

--neill
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