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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel.

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  #281  
Old 08-02-2011, 9:08 AM
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We in New York REALLY need this lawsuit to win now, because it just became a state law here thanks to our worthless scumbag governor and legislature. http://www.nydailynews.com/blogs/dai...gally-buy-guns
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In Pennsylvania Your permit to carry concealed is called a License to carry fire arms. Other states call it a CCW. In New Jersey it's called a crime.
Discretionary Issue is the new Separate but Equal.
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  #282  
Old 08-02-2011, 9:30 AM
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The whole country needs it to win! You have a right to protect, and defend your life, equally, like every one else!
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  #283  
Old 08-16-2011, 1:56 PM
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Hi folks. Any news? Updates? Or announcements?
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  #284  
Old 08-16-2011, 1:59 PM
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The amended complaint is not due until 8/29/11...
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  #285  
Old 08-16-2011, 3:51 PM
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Hopefully something good is brewing and it's worth the wait!!!
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  #286  
Old 08-29-2011, 3:48 PM
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We there yet?
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  #287  
Old 08-29-2011, 4:08 PM
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We there yet?
Nothing yet!
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  #288  
Old 08-29-2011, 4:20 PM
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do you know of anywhere in writing this exists or was it word of mouth?
Ca PC Chapter 2.9 Section 1001.55 (A) If you got diversion.
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  #289  
Old 08-30-2011, 5:21 AM
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The amended complaint is not due until 8/29/11...
Is someone going to post the amended complaint? I don't have pacer.
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  #290  
Old 08-30-2011, 6:26 AM
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Hasn't been added to the docket yet: http://ia600300.us.archive.org/35/it...24.docket.html
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In Pennsylvania Your permit to carry concealed is called a License to carry fire arms. Other states call it a CCW. In New Jersey it's called a crime.
Discretionary Issue is the new Separate but Equal.
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  #291  
Old 08-30-2011, 12:19 PM
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I updated the docket and added the Amended Complaint to RECAP. This should be the complaint: http://www.archive.org/download/gov....15824.27.0.pdf

-Gene
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  #292  
Old 08-30-2011, 1:50 PM
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Originally Posted by hoffmang View Post
I updated the docket and added the Amended Complaint to RECAP. This should be the complaint: http://www.archive.org/download/gov....15824.27.0.pdf

-Gene
Thank you Gene.
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  #293  
Old 08-30-2011, 5:10 PM
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Thank you Gene.
Can anyone speculate on the next order of business now that the SAC has been submitted (what is the next customary step)?
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  #294  
Old 08-31-2011, 12:26 AM
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Can anyone speculate on the next order of business now that the SAC has been submitted (what is the next customary step)?
Likely cross motions for summary judgement.

-Gene
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  #295  
Old 08-31-2011, 12:36 AM
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Originally Posted by hoffmang View Post
Likely cross motions for summary judgement.

-Gene
Any idea on the timeline for that and then the answer form the court other than "two weeks"?
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  #296  
Old 08-31-2011, 7:01 AM
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What reasons would the judge have to not grant summary judgement to plaintiffs?
There's really no argument against the merits of the claim...
Good plaintiffs, convictions set aside or expunged, relieved under the 10 yr CA prohibition.
But banned for life nonetheless.
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  #297  
Old 08-31-2011, 2:23 PM
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Quote:
Originally Posted by hoffmang View Post
Likely cross motions for summary judgement.

-Gene
What ^ said.

Negotiating for Joint Statement of Unidisputed Facts with AUSA and then we will likely set a briefing schedule for cross-motions for summary judgment.
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  #298  
Old 08-31-2011, 3:02 PM
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Quote:
Originally Posted by Lex Arma View Post
What ^ said.

Negotiating for Joint Statement of Unidisputed Facts with AUSA and then we will likely set a briefing schedule for cross-motions for summary judgment.
Thanks for doing this work.
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  #299  
Old 08-31-2011, 4:09 PM
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Thanks for doing this work.
Ditto
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  #300  
Old 09-04-2011, 9:27 PM
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I found this on another site!
Attached Files
File Type: pdf gov.uscourts.dcd.144464.27.0.pdf (168.1 KB, 90 views)
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  #301  
Old 09-04-2011, 10:02 PM
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Originally Posted by dad View Post
I found this on another site!
Nice find. I was just on a tirade about where our government is headed and your post calmed me down. It's great that we can still take our own government to court. We need to do it more often and show them their place!
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  #302  
Old 09-04-2011, 10:11 PM
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I just read that brief. More Gura brilliance. I replied here at TFL

I think Gura is laying bricks for a Lautenburg challenge.
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  #303  
Old 09-05-2011, 9:50 AM
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Originally Posted by anthonyca View Post
Nice find. I was just on a tirade about where our government is headed and your post calmed me down. It's great that we can still take our own government to court. We need to do it more often and show them their place!
With great legal eagles on our side(2A), we are headed in the right direction.
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  #304  
Old 09-05-2011, 9:57 AM
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Good post dad, thanks.
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  #305  
Old 09-05-2011, 3:08 PM
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http://youtu.be/6wXkI4t7nuc

Very interesting lecture by a law professor and former criminal defense attorney, and a LEO on the topic of remaining silent. It's a long clip (48min) but well worth your time, and quite entertaining.

Last edited by g8trgrad; 09-05-2011 at 3:19 PM..
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  #306  
Old 09-05-2011, 3:24 PM
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Quote:
Originally Posted by g8trgrad View Post
http://youtu.be/6wXkI4t7nuc

Very interesting lecture by a law professor and former criminal defense attorney, and a LEO on the topic of remaining silent. It's a long clip (48min) but well worth your time, and quite entertaining.
A great clip that's been posted a hundred times here.
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  #307  
Old 09-05-2011, 4:02 PM
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Quote:
Originally Posted by Maestro Pistolero View Post
A great clip that's been posted a hundred times here.
Only one-hundred?
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  #308  
Old 09-05-2011, 4:38 PM
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Quote:
Originally Posted by g8trgrad View Post
http://youtu.be/6wXkI4t7nuc

Very interesting lecture by a law professor and former criminal defense attorney, and a LEO on the topic of remaining silent. It's a long clip (48min) but well worth your time, and quite entertaining.
I've never seen it before, worth while to watch! Thanks for posting, and welcome to Calguns.
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  #309  
Old 09-05-2011, 6:35 PM
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Quote:
Originally Posted by Maestro Pistolero View Post
A great clip that's been posted a hundred times here.
And I'd agree that it's not been posted one more time than it should be. I'll welcome the next hundred times it is linked - as I suspect you will as well.

Interesting to have seen the video and then hear the Gibson guitar people talking about how one of the points the lecturer makes is messing them over.

Gibson is being harassed by our federal government over their use of wood lawfully obtained overseas. The relevant governments say that Gibson is buying wood which is lawfully exported to the U.S. in accordance with their law.

But the U.S. government disagrees with the foreign government's interpretation of their own laws and thus wants to prosecute Gibson for violating foreign laws - with the foreign government saying that the foreign laws were not violated.

That is just how utterly insane our laws are. Talking to cops when you know that everything that you have done is in accord with U.S. law and even any relevant foreign law invoked by that U.S. law could still get you prosecuted by the U.S.
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  #310  
Old 09-05-2011, 6:40 PM
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Originally Posted by OleCuss View Post
And I'd agree that it's not been posted one more time than it should be. I'll welcome the next hundred times it is linked - as I suspect you will as well.

Interesting to have seen the video and then hear the Gibson guitar people talking about how one of the points the lecturer makes is messing them over.

Gibson is being harassed by our federal government over their use of wood lawfully obtained overseas. The relevant governments say that Gibson is buying wood which is lawfully exported to the U.S. in accordance with their law.

But the U.S. government disagrees with the foreign government's interpretation of their own laws and thus wants to prosecute Gibson for violating foreign laws - with the foreign government saying that the foreign laws were not violated.

That is just how utterly insane our laws are. Talking to cops when you know that everything that you have done is in accord with U.S. law and even any relevant foreign law invoked by that U.S. law could still get you prosecuted by the U.S.
Remember, Martha Stewart was prosecuted for making a false statement to government agents while she was under investigation for SEC infractions. She could have remained silent, but didn't. It cost her a felony conviction and 6 months in federal prison.
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  #311  
Old 09-05-2011, 7:46 PM
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Originally Posted by Lex Arma View Post
Remember, Martha Stewart was prosecuted for making a false statement to government agents while she was under investigation for SEC infractions. She could have remained silent, but didn't. It cost her a felony conviction and 6 months in federal prison.
I was raised to believe in the rule of law and that all police officers were honest and only there to help you. At 17 I got a family signature to join the Army. I have grown and learned so much since then.

My advice to every American. NEVER,NEVER give up your rights and NEVER self incriminate your self by talking to the local and especially the federal police.

I took the oath in the Army to heart and live by it, even though our government does not, they hate that oath, think about why.
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  #312  
Old 09-05-2011, 7:48 PM
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One hundred and one.
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Originally Posted by socal2310 View Post
Only one-hundred?
http://youtu.be/6wXkI4t7nuc
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  #313  
Old 09-06-2011, 12:14 PM
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So how does the advice from the cited video reconcile with the advice from attorneys at Armed Citizen? They claim you SHOULD talk to the police and describe what information to provide:

http://armedcitizensnetwork.org/unin...ces-of-silence

In light of the video advocating silence, I agree with not giving any statement without my attorney present. I will risk being taken into custody, and will not provide the rope to hang me.


The question remains, should you or should you not make any statement of fact?
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  #314  
Old 09-06-2011, 1:14 PM
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Quote:
Originally Posted by Maestro Pistolero View Post
A great clip that's been posted a hundred times here.
It should be a sticky.
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  #315  
Old 09-06-2011, 1:23 PM
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that video and a "history of injustice- CA assault weapons ban 20yrs later"should be required reading to post on calguns. It got me fired up about protecting my rghts!!
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Old 09-06-2011, 1:50 PM
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Quote:
Originally Posted by mag360 View Post
that video and a "history of injustice- CA assault weapons ban 20yrs later"should be required reading to post on calguns. It got me fired up about protecting my rghts!!
I agree with the above. I'll bet that a study of mistemeaner DV convictions would reveal that most people talked their way into a conviction by stating things such as ," I just pushed him/her away just enough to avoid the attack, I didn't even leave a mark" or " I just took him/her by the hand to get their attention so I could say what needed to be said" or "I just moved him/her out of the way of the door so I could leave before we got into a bigger argument". All of those are more than enough contact to get you banned for life from ever owning or touching a gun.

The vast majority of people think that a lifetime ban for DV means someone had cause pain, fear or leave a mark. Have you ever seen that corona beer commercial where the woman sprays her man with a lime for looking at a pretty girl? Read the code, jury instructions and caselaw for 243e in California, that is mistemeaner domestic violence that triggers a lifetime ban under the lautenberg amendment.

Last edited by anthonyca; 09-06-2011 at 1:53 PM..
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  #317  
Old 09-06-2011, 4:19 PM
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Quote:
Originally Posted by anthonyca View Post
I agree with the above. I'll bet that a study of mistemeaner DV convictions would reveal that most people talked their way into a conviction by stating things such as ," I just pushed him/her away just enough to avoid the attack, I didn't even leave a mark" or " I just took him/her by the hand to get their attention so I could say what needed to be said" or "I just moved him/her out of the way of the door so I could leave before we got into a bigger argument". All of those are more than enough contact to get you banned for life from ever owning or touching a gun.

The vast majority of people think that a lifetime ban for DV means someone had cause pain, fear or leave a mark. Have you ever seen that corona beer commercial where the woman sprays her man with a lime for looking at a pretty girl? Read the code, jury instructions and caselaw for 243e in California, that is mistemeaner domestic violence that triggers a lifetime ban under the lautenberg amendment.
Very Interesting that Corona made such a commercial.
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  #318  
Old 09-08-2011, 11:02 AM
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Feds are now asking for an extension to file reply to SAC until 09/26/11.

http://docs.justia.com/cases/federal...911/215824/29/
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  #319  
Old 09-08-2011, 2:46 PM
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Quote:
Originally Posted by lhecker51 View Post
So how does the advice from the cited video reconcile with the advice from attorneys at Armed Citizen? They claim you SHOULD talk to the police and describe what information to provide:

http://armedcitizensnetwork.org/unin...ces-of-silence

In light of the video advocating silence, I agree with not giving any statement without my attorney present. I will risk being taken into custody, and will not provide the rope to hang me.


The question remains, should you or should you not make any statement of fact?
Perhaps some of our lawyers on the forum would enlighten us as to the firearms-related defense success rate of Marty Hayes, J.D. as compared to the rates of groups such as Michels & Associates (ie. groups that tell us to remember that there is a reason that we have the "right to remain silent")?

I'd tend to side with the lawyer that has the best "win percentage" in the matter...and I suspect that I already know the answer to this question.
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  #320  
Old 09-08-2011, 5:26 PM
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Quote:
Originally Posted by Lex Arma View Post
Remember, Martha Stewart was prosecuted for making a false statement to government agents while she was under investigation for SEC infractions. She could have remained silent, but didn't. It cost her a felony conviction and 6 months in federal prison.
Exactly.
I learned a long time ago that even if you really are innocent, you can't talk yourself out of anything.
Stay calm, stay quiet, and get your credit cards ready haha.
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