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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 06-29-2010, 11:49 AM
AlexDD AlexDD is offline
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Default Nordyke City Attorney Firm - Take on McDonald Case

The following is from a law firm that provides services to cities including the County of Alameda in the Nordyke case.

http://www.rwglaw.com/news/ealerts/ealert-25.aspx

Here are there main points that are underlined in the article. It is interesting reading these when they are written by a law firm that defends and provides legal advice to many agencies.

  • Local ordinances regulating firearms possession and sale are now open to challenge under the Second Amendment.

  • Local ordinances regulating firearms possession and sale must now meet a more rigorous constitutional standard to survive legal challenge.

  • Local ordinances regulating possession of handguns, or prohibiting certain types of handguns, such as ultra-compact handguns, are likely to be more vulnerable to challenge under the Second Amendment.

  • Successful Second Amendment challenges to local laws may result in the award of attorneys’ fees against a city and to the challenging party.

  • Local governments considering adopting new firearms ordinances may wish to consult with their City Attorneys. "

I like that even they seem to think that the Handgun Roster will go down in point #3

Point #4 may scare or cause some agencies to think before enacting gun laws.
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  #2  
Old 06-29-2010, 11:50 AM
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F*** yeah.

CGF and NRA and CRPA Foundation: when you absolutely, positively have to sue every motherf***** in the room.
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  #3  
Old 06-29-2010, 11:57 AM
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Hell yeah!
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  #4  
Old 06-29-2010, 11:58 AM
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$50 to the CGF on the way...Go get em guys!

Confirmation number: 7R7441797R828950K

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Old 06-29-2010, 11:58 AM
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Originally Posted by bwiese View Post
F*** yeah.

CGF and NRA and CRPA Foundation: when you absolutely, positively have to sue every motherf***** in the room.
There's a certain room in Albany you might be interested in.
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  #6  
Old 06-29-2010, 12:39 PM
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Originally Posted by AlexDD View Post
  • Successful Second Amendment challenges to local laws may result in the award of attorneys’ fees against a city and to the challenging party.
  • Local governments considering adopting new firearms ordinances may wish to consult with their City Attorneys. "
HEHE!

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Originally Posted by bwiese View Post
F*** yeah.

CGF and NRA and CRPA Foundation: when you absolutely, positively have to sue every motherf***** in the room.
What city was that LCAV meeting in? Emeryville or Oakland? Muahha!

Go Alameda County!
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Old 06-29-2010, 12:49 PM
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Originally Posted by AlexDD View Post
[*]Successful Second Amendment challenges to local laws may result in the award of attorneys’ fees against a city and to the challenging party.
This is going to be very important...


Tim
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Old 06-29-2010, 12:51 PM
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Originally Posted by bwiese View Post
F*** yeah.

CGF and NRA and CRPA Foundation: when you absolutely, positively have to sue every motherf***** in the room.
This is the best quote in ages.
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Old 06-29-2010, 12:52 PM
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Originally Posted by bwiese View Post
F*** yeah.

CGF and NRA and CRPA Foundation: when you absolutely, positively have to sue every motherf***** in the room.

I LOVE IT!!!!


Sometime nothing says it better then some strategically placed curse words.
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Old 06-29-2010, 12:56 PM
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Originally Posted by wildhawker View Post
This is the best quote in ages.

Check out my new sig line!
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Old 06-29-2010, 12:56 PM
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bweise FTW.
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  #12  
Old 06-29-2010, 12:57 PM
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If I may...the best news.

One of Richards Watson Gershon's attorneys is.....(wait for it)

Sarye Weaver!



Y'all may remember her by her arguments at Nordyke II.

Quote:
In 1996 Ms. Weaver assisted the City of West Hollywood in drafting an innovative local law prohibiting the sale of “junk guns” in that city. She then successfully defended that ordinance in the trial and appellate courts. The published decision, California Rifle & Pistol ***’n v. City of West Hollywood, 66 Cal. App. 4th 1302 (1998) is acknowledged as a landmark decision establishing that California’s local governments retain a wide scope of authority to regulate firearms. More recently, Ms. Weaver successfully defended the County of Alameda’s ordinance prohibiting possession of firearms and ammunition on County-owned property against a series of challenges in federal and state court, including defeating plaintiff’s petition for review in the United States Supreme Court. Nordyke v. King, 319 F.3d 1185 (9th Cir. 2003), cert. denied 543 U.S. 820 (2004). These cases have established Ms. Weaver as a leading authority on the scope of local regulation to regulate firearms in California.

In 2005, Ms. Weaver was awarded a California Wellness Foundation Peace Prize in recognition of her legal work on firearms-related issues. In 2007, she received a Courageous Leadership Award from Women Against Gun Violence.
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  #13  
Old 06-29-2010, 1:01 PM
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"Successful Second Amendment challenges to local laws may result in the award of attorneys’ fees against a city and to the challenging party. Cities may want to make an inventory of their local firearms ordinances, and consult with their City Attorneys regarding ways to minimize the risks of Second Amendment challenges. A listing of many of the major types of local laws regulating firearms adopted by California cities and counties may be found at the Legal Community Against Violence web site, www.lcav.org."


If CA is a state preemption state then why are there any local/city gun laws at all?
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  #14  
Old 06-29-2010, 1:02 PM
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^^ Ahhhh, ain't she purdy!?
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Old 06-29-2010, 1:03 PM
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Awsome! Another $250 inbound to Calguns Foundation!!!

No go sue some mothafuqers!
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Old 06-29-2010, 1:12 PM
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Quote:
Originally Posted by Untamed1972 View Post
"Successful Second Amendment challenges to local laws may result in the award of attorneys’ fees against a city and to the challenging party. Cities may want to make an inventory of their local firearms ordinances, and consult with their City Attorneys regarding ways to minimize the risks of Second Amendment challenges. A listing of many of the major types of local laws regulating firearms adopted by California cities and counties may be found at the Legal Community Against Violence web site, www.lcav.org."

If CA is a state preemption state then why are there any local/city gun laws at all?
Because they keep fighting preemption. Look what SF tried with PropH

Preemption also generally applies to the actual gun laws about possession, types of guns, etc. (i.e, local city AW bans and mag bans won't fly - along with "safe storage" laws, etc.)

Retail sales of guns and 'sensitive places' is where the fight is for state preemption. City of LA, for example, still has a ban on selling compact guns like the Glock 26 and I believe it's even illegal to sell *holsters* for such compact guns within LA city confines.

All this needs to be hashed out in court.
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Old 06-29-2010, 1:15 PM
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I like the idea that the cities will have to pay to legal fees if they lose gun law challenges. It means the cities will finance many of our efforts going forward :-). Woo hoo!
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Old 06-29-2010, 1:45 PM
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Originally Posted by monkeshine View Post
I like the idea that the cities will have to pay to legal fees if they lose gun law challenges. It means the cities will finance many of our efforts going forward :-). Woo hoo!

Amen to that! It will also make them think twice about enacting dumb laws.
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Old 06-29-2010, 1:53 PM
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I hope this really makes anti-gun law firms rethink their pro-bono work supporting these laws.

If LCAV can no longer say "We'll defend any challenges pro-bono", that will make City Attorneys much less likely to endorse unconstitutional laws.
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Old 06-29-2010, 2:05 PM
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Originally Posted by monkeshine View Post
I like the idea that the cities will have to pay to legal fees if they lose gun law challenges. It means the cities will finance many of our efforts going forward :-). Woo hoo!

Except that it's the tax dollars of the innocent citizens of those cities that will be wasted to fight these suits. That is unfortunate.
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Old 06-29-2010, 2:19 PM
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Originally Posted by bwiese View Post
F*** yeah.

CGF and NRA and CRPA Foundation: when you absolutely, positively have to sue every motherf***** in the room.
I see a signature for someone in the future
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  #22  
Old 06-29-2010, 2:36 PM
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Originally Posted by bwiese View Post
F*** yeah.

CGF and NRA and CRPA Foundation: when you absolutely, positively have to sue every motherf***** in the room.
Go get them Bill, funds sent

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  #23  
Old 06-29-2010, 3:02 PM
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Except that it's the tax dollars of the innocent citizens of those cities that will be wasted to fight these suits. That is unfortunate.
I would have no objection to some of my tax dollars going to such a good cause. Would largely be an improvement over what they usually get spent on.
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Old 06-29-2010, 3:08 PM
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Originally Posted by Untamed1972 View Post
Except that it's the tax dollars of the innocent citizens of those cities that will be wasted to fight these suits. That is unfortunate.
Then you want to make it very expensive for them to go to court. Firearm experts like Bill Weise & WildazzHawker charge in excess of $500 per hour (for example).

Eventually when the city does an audit, these info will be made public or we can always tell the media about how the leadership chose to fight & stem/zhit on a basic civil right. The truth can come out come election time & the opposition can use that as a war flag.....
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Old 06-29-2010, 3:22 PM
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I see a signature for someone in the future
I'm pretty sure that's sig material for several of us.....
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Old 06-29-2010, 4:03 PM
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There's something VERY peculiar about this little missive.

Search for the word "bear" (no quotes of course). You'll find three instances. Now search for "keep". NONE? Look at the "bear" references - two in the first paragraph:

Quote:
Today in McDonald v. Chicago, a 5-4 decision, the Supreme Court held for the first time that the Second Amendment right to possess a handgun in the home for self-defense applies to state and local governments, reversing a decision of the Seventh Circuit, and decades of earlier court decisions. The Court did not hold that the Chicago and Oak Park ordinances challenged in McDonald offend the right to bear arms, but instead returned the case to the lower courts for further proceedings. In fact, the Court gave no specific guidance on what standard lower courts must apply to determine if a given firearms regulation impermissibly restricts the right to bear arms.
...and then a little over halfway down:

Quote:
The McDonald litigation involved consolidated cases challenging local ordinances in Oak Park and Chicago restricting handgun possession. The case is a “sequel” to the Court’s 2008 decision in District of Columbia v. Heller. In Heller, several individuals challenged a District of Columbia law banning handgun possession as an impermissible infringement of their right to bear arms under the Second Amendment.
Spot it yet?

They're using the word "bear" to mean what WE would call "keep" - in the home.

There's NO discussion whatsoever in the whole page on carry laws of any kind.

They're trying to pretend that "yeah, you have a right to BEAR arms, in your own home".

It's CARRY RIGHTS that scare the piss out of these guys and likely their clients. That's where the fight is gonna be next.
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Old 06-29-2010, 4:07 PM
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Quote:
Originally Posted by bwiese View Post
CGF and NRA and CRPA Foundation: when you absolutely, positively have to sue every motherf***** in the room.
Sig worthy!!!! Lol
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Old 06-29-2010, 4:19 PM
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Originally Posted by Untamed1972 View Post
Except that it's the tax dollars of the innocent citizens of those cities that will be wasted to fight these suits. That is unfortunate.
Not exactly wasted if the tax dollars go to calgun lawyers
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Old 06-29-2010, 4:23 PM
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Hellz yeah! hit them where it hurts, their wallets! (point #4)
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Old 06-29-2010, 4:44 PM
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Quote:
Originally Posted by Untamed1972 View Post
If CA is a state preemption state then why are there any local/city gun laws at all?
State preemption was used to successfully used to attack the San Francisco prohibition of handguns in city-owned housing, IIRC. As always, someone must bring suit to get these laws overturned.
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Old 06-29-2010, 4:51 PM
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Originally Posted by jdberger View Post
If I may...the best news.

One of Richards Watson Gershon's attorneys is.....(wait for it)

Sarye Weaver!



Y'all may remember her by her arguments at Nordyke II.
Quote:
Originally Posted by turbogg View Post
^^ Ahhhh, ain't she purdy!?
+1... If only she was pro... She ain't bad at all, I would go out with her to the range (WOULD, not will.)

Erik.
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Old 06-29-2010, 4:51 PM
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i had to post with my new sig. looks like some of you guys beat me to it.
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Old 06-29-2010, 5:03 PM
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Let us hope that our State Legislature takes note of this when they address the Longgun Registration and UOC Bills that are pending.
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Old 06-29-2010, 5:14 PM
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Quote:
Originally Posted by bwiese View Post
F*** yeah.
CGF and NRA and CRPA Foundation: when you absolutely, positively have to sue every motherf***** in the room.





Yup, dat der be a sig line fer shur...
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Old 06-29-2010, 5:42 PM
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Originally Posted by Untamed1972 View Post
Except that it's the tax dollars of the innocent citizens of those cities that will be wasted to fight these suits. That is unfortunate.
As a citizen of San Francisco, I'm quite happy to pay for the defense, as long as the city in question loses and has to award attorney's fees to Michel, Kilmer, et al. My city uses my money for a lot dumber things than that, after all..
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Old 06-29-2010, 6:01 PM
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Originally Posted by Left Coast Conservative View Post
As always, someone must bring suit to get these laws overturned.
Yep, that's the reason why so many things slip by at the front-end when they're being enacted. State preemption is not some brooding omnipresence in the sky that sweeps in and smites local policymakers when they try to pass something that is already preempted by state law. If only it were.
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Old 06-29-2010, 7:05 PM
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Quote:
Originally Posted by bwiese View Post
F*** yeah.

CGF and NRA and CRPA Foundation: when you absolutely, positively have to sue every motherf***** in the room.
I can imagine Gura spinning around in a chair, using his pen as a pointer with which to mark the next victims of his forthcoming legal assault.
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Old 06-29-2010, 7:15 PM
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Quote:
Originally Posted by bwiese View Post
F*** yeah.

CGF and NRA and CRPA Foundation: when you absolutely, positively have to sue every motherf***** in the room.
regarding that, saw this nice gem today.


Quote:
Several such lawsuits have already been filed in California, including some by the NRA and the CRPA Foundation through their partnership in the California Legal Action Project. Those include Jackson v. City and County of San Francisco (a challenge to San Francisco’s ordinances requiring handguns to be secured in a safe or with a trigger lock in the home if not on one’s person, a prohibition on the discharge of firearms, even for self-defense, and a prohibition on “non-sporting ammunition”; Peruta v. San Diego County (a challenge to the CCW issuing scheme by the Sheriff there); and coming soon, CRPA Foundation v. City of Los Angeles (a challenge to that city’s ban on the transfer of “ultra-compact” handguns, .50 caliber firearms and ammunition, and “Saturday Night Specials.” (For more information on these lawsuits and to view the pleadings, search www.calgunlaws.com).
http://www.calgunlaws.com/index.php/...on/52/886.html
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Old 06-29-2010, 7:15 PM
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Old 06-29-2010, 7:16 PM
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Originally Posted by 1911_sfca View Post
As a citizen of San Francisco, I'm quite happy to pay for the defense, as long as the city in question loses and has to award attorney's fees to Michel, Kilmer, et al. My city uses my money for a lot dumber things than that, after all..
Your tax dollars actually going to a "good cause".
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