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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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#81
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Donald Kilmer (Lex Arma) - Reason or Force. 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. Unconsciously borrowed from: "Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it." — Judge Learned Hand NONE of my posts on this website are legal advice. I get the top bunk. ![]() |
#82
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I apologize for nitpicking. I am also glad Mr. Kilmer is addressing the plain language of the constitution. I didn't mean to imply in the least that I didn't think it was a worthy argument; quite the contrary, I am extremely pleased. I will let FGG take care of the whinging
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#83
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Rule #1: Keep your booger hook off the bang-switch! Cruz/West 2016 - You STILL want to call me a racist tea bagger? |
#85
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Donald Kilmer (Lex Arma) - Reason or Force. 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. Unconsciously borrowed from: "Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it." — Judge Learned Hand NONE of my posts on this website are legal advice. I get the top bunk. ![]() |
#86
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It's been more than 100 days. Justice delayed is Justice denied. Heavy sigh....
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![]() "A Government big enough to give you everything you want, is strong enough to take everything you have." "Those who hammer their guns into plows, will plow for those who do not." Thomas Jefferson. "a system of licensing the right of self-defense, which doesn’t recognize self-defense as “good cause” Don Kilmer |
#87
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-Gene
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Gene Hoffman Chairman, The Calguns Foundation DONATE NOW to support the rights of California gun owners. Follow @CalgunsFdn on Twitter. Opinions posted in this account are my own and not the approved position of any organization. I read PMs. But, if you need a response, include an email address or email me directly! "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon
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#89
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Nope. Alameda filed a response. We filed a reply. Waiting on the court.
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Donald Kilmer (Lex Arma) - Reason or Force. 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. Unconsciously borrowed from: "Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it." — Judge Learned Hand NONE of my posts on this website are legal advice. I get the top bunk. ![]() |
#90
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The court is obviously aware of the sea change that's underway. They neither want to lead the way, nor be seen as obstructing the SCOTUS. It's a tough spot to be in if you aren't willing to accept the amendment at face value.
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www.christopherjhoffman.com The Second Amendment is the one right that is so fundamental that the inability to exercise it, should the need arise, would render all other rights null and void. Dead people have no rights. Magna est veritas et praevalebit |
#91
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Until I read this thread, I didn't really get the significance of "shall not be infringed" versus "undue burden".
When Alan Gura said that the "Heller case" was the lawyer's full employment act, I didn't realize how true his words are. IMHO, the second amendment was probably meant to be far more expansive than we have gotten so far from "Heller and MacDonald". Of course we have been focusing on our RKBA, there has been little if any discussion our our DKBA(Duty to keep and bear arms). Of course "Militia duty" was probably less popular then "Jury duty" which would probably explain why it kind of faded away. We need to keep in mind that while we are going on "offense in the court of law", we will need to also start winning in the court of public opinion. Fortunately we have some "Forward thinking individuals" on this board who are blindsiding the enemy. Nicki |
#92
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The Second Amendment has the convenient yet largely unheeded feature of having it's own level of scrutiny written directly into it's text.
The fact that there is any debate about scrutiny at all reminds of the joke where an employee, who had been warned repeatedly about his tardiness found himself once again late for work and unable to find a parking spot. He began to pray: "God, please, just this once, let there be a spot open up near the front door. Please God, please!" Miraculously just as he nears the entrance he sees that the first parking spot near the front door is empty and he says: "Oh, never mind, God, I found one." The 'scrutiny' for the Second Amendment has been hiding in plain sight for more than 200 years.
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www.christopherjhoffman.com The Second Amendment is the one right that is so fundamental that the inability to exercise it, should the need arise, would render all other rights null and void. Dead people have no rights. Magna est veritas et praevalebit Last edited by Maestro Pistolero; 09-05-2011 at 2:56 PM.. |
#93
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However, I can't help but expect that the bolded wording above was just "for show", and that SCOTUS didn't really mean it. For if they did, then any law which is considered to infringe the right would be Unconstitutional on its face, and no amount of justification (which is what "scrutiny" really is) would save it. And I simply don't see SCOTUS having that strong a spine.
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The Constitution is not "the Supreme Law of the Land, except in the face of contradicting law which has not yet been overturned by the courts". It is THE SUPREME LAW OF THE LAND, PERIOD. You break your oath to uphold the Constitution if you don't refuse to enforce unadjudicated laws you believe are Unconstitutional. The real world laughs at optimism. And here's why. Last edited by kcbrown; 09-05-2011 at 3:11 PM.. |
#94
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#95
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www.christopherjhoffman.com The Second Amendment is the one right that is so fundamental that the inability to exercise it, should the need arise, would render all other rights null and void. Dead people have no rights. Magna est veritas et praevalebit |
#97
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It was even better than that. They didn't use the undue burden test at all. It wasn't a mere peripheral infringement, in their opinion, so that test wasn't appropriate. It was more like: You can't ban ranges here, just because they don't ban them there, period. When near the core of the right, cases don't get decided on rational basis tests.
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www.christopherjhoffman.com The Second Amendment is the one right that is so fundamental that the inability to exercise it, should the need arise, would render all other rights null and void. Dead people have no rights. Magna est veritas et praevalebit Last edited by Maestro Pistolero; 09-05-2011 at 6:34 PM.. |
#98
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It seems to me that buying a gun is very close to the core right. It's pretty hard to exercise your 2A right without a weapon.
The idea that you can buy a gun at a gun store, so gun shows are banned is toast. |
#99
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I'm saving it to read on my flight tomorrow. I actually wish it was longer to keep me amused during the flight
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NRA Member CRPA Member Don't yank on the trigger. It's not your pecker. Member #46312 |
#100
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after ezell and mcdonald, I can't believe that CA can keep SB23 on the books. THAT is infringed/undue burden/not equally applied 2nd amendment to the states...etc.
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just happy to be here. I like talking about better ways to protect ourselves. Shop at AMAZON to help Calguns Foundation CRPA Life Member. Click here to Join. NRA Member JOIN HERE/ |
#101
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All in good time ...
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When a Long Train of Abuses and Usurpations, Pursuing Invariably the Same Object, Evinces a Design to Reduce Them [I.E. the People] Under Absolute Despotism, It Is Their Right, It Is Their Duty, to Throw off Such Government, and to Provide New Guards for Their Future Security.” "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Consider Samizdat; consider some reading material, such as this and that. Not a lawyer, just Some Guy On The Interwebs. ![]() |
#103
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Please read the Calguns Wiki Quote:
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#104
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Don, Thanks. I was a little out of date... I looked at the docket and I see that Alameda filed a response on the July 12th and the court allowed a reply brief in support of the motion on the 18th. So if I understand correctly, we are waiting on the court to rule on the motion for the En Banc hearing.
Fingers are crossed. ![]()
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#106
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http://wiki.calgunsfoundation.org/index.php/Pena_v_Cid
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Dev blog for the MMO game I'm developing 'Broadside: Perilous Waters' https://broadside-game.blogspot.com/ https://store.steampowered.com/app/1...rilous_Waters/ |
#107
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According to the CGF Twitter feed, Nordyke v. King is going en-banc, again.
http://www.hoffmang.com/firearms/Nor...2011-11-28.pdf [Edit: Brandon/Wildhawker's post: http://www.calguns.net/calgunforum/s....php?t=505242] |
#108
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Erik.
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![]() Donate to Calguns and Support Pro-Gun Lawsuits Second Amendment Foundation Life Member Peruta v. County of San Diego | Rodriguez v. City of San Jose | Peña v. Lindley | Doe v. Harris | Schoepf v. Harris | Sylvester v. Harris | Richards v. Harris |
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