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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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#401
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That's a nice thought and all, but such cases have already been presented to them on multiple occasions, with the result always being the same: denial of cert. At this point, there is nothing that distinguishes these cases from ones they've already denied cert to. Norman is possibly the only exception to that, but the Peruta dissent to denial of cert, combined with the fact that Woollard was about pure carry such that the Court could have struck the open carry prohibition if it wanted to, gives sufficient reason to believe that the Court will deny cert to Norman as well. Sent from my iPhone using Tapatalk
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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. |
#402
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Weren't those all pre-Gorsuch though? Some think that may be the tipping point and if Peruta hadn't been such a mess it would have been taken... as it was maybe they knew something cleaner was on it's way up and decided to wait.
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The one thing worse than defeat is surrender. |
#403
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An actual change to the Court composition is what is required here. Until that happens, the Court simply isn't going to grant cert to a 2A firearms case.
__________________
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. |
#404
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#405
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It's a race against time. Either mid terms or 2020 could tip the balance back to the Progs. Ginsberg is half dead and Kennedy has mentioned retirement. If these seats open, Trump could fill those vacancies and end up with a 2A court.
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If you find yourself in a fair fight, you're doing it all wrong. |
#406
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#407
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Kennedy won't leave - Trump pissed him off
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Proud CGN Contributor USMC Pistol Team Alumni - Distinguished Pistol Shot Owner of multiple Constitutionally protected tools |
#409
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Peruta v. County of San Diego (CCW) [CERT *DENIED* 6/26/17] PART II
Trump has pissed everyone off at some point. Sent from my iPhone using Tapatalk
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If you find yourself in a fair fight, you're doing it all wrong. |
#410
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Ginsberg won't walk out. She'll be carried out in a box. Sent from my iPhone using Tapatalk
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If you find yourself in a fair fight, you're doing it all wrong. |
#411
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It's probably already weekend at Bernie's for that one.
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#412
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Yah Pelosi and Schumer will spend the 6 months hauling her around and propping her up. Sent from my iPhone using Tapatalk
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If you find yourself in a fair fight, you're doing it all wrong. |
#414
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They are going to prop her up on the whitehouse lawn. Sent from my iPhone using Tapatalk
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If you find yourself in a fair fight, you're doing it all wrong. |
#415
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I hope she lives the rest of her life in happiness, with her husband, in New Zealand...like she said she would! Scram scarecrow!
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The thief does not come except to steal, and to kill, and to destroy. I have come that they may have life, and that they may have it more abundantly. John 10:10 iTrader: https://www.calguns.net/calgunforum/....php?t=1888351 |
#418
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Dead
Not "Princess Bride" dead - really dead. Yes - both are bearing of arms. There are old SCOTUS precedents that upheld laws banning CCW - as long as open carry was allowed. 9CA has purposefully dodged this issue - with open carry now illegal, the State of CA has a policy preference for CCW. In either case, if the ability to exercise the right is not available as a practical matter (see original 3-judge panel decision in Peruta) that would be deemed to violate the 2A. The 9CA simply doesn't recognize 2A rights - only 2A privileges. And so far, for whatever reason, since McDonald, SCOTUS has not taken the opportunity to correct the splits that have developed in the Circuits below - some of which have refused to adhere to the clear language in Heller and McDonald. In my opinion, since the Courts have refused to act, Congress should pass civil rights legislation essentially codifying Heller. 2A IS a fundamental, individual right. Anything that infringes on the core must be stricken. Anything outside the core must be subjected to truly heightened scrutiny (not rational basis dressed up as intermediate scrutiny) with narrow tailoring and a compelling government interest. Most of CA's more recent gun laws could never live up to this standard.
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Proud CGN Contributor USMC Pistol Team Alumni - Distinguished Pistol Shot Owner of multiple Constitutionally protected tools |
#419
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Hmmm, great point, I had never thought of it that way. We should finally have a discussion about that
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Settle down, folks. The new "ghost gun" regulations probably don't do what you think they do. |
#420
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General population: 3,817 Police officers: 108 Legal CCW: 18 |
#421
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Honestly, there is historical precedent that points out that bearing arms includes carrying. I'll have to research what I've read about it to point it out, I'll likely do that this evening and post it.
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#422
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Look at the Ginsburg dissent in Heller
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Proud CGN Contributor USMC Pistol Team Alumni - Distinguished Pistol Shot Owner of multiple Constitutionally protected tools |
#423
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EDIT to add link to dissent: https://www.supremecourt.gov/opinion...6-894_p86b.pdf Last edited by Cortelli; 09-28-2017 at 5:15 PM.. Reason: Edit to add link to Dissent on Denial of Cert |
#424
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Cortelli is correct.
The historical precedent you likely saw gryffinwings is in the Heller decision; keep and bear are both individually defined on pages 8-18. The sarcasm/ribbing is because you're preaching to the choir, but you're correct in your interpretation of the Second Amendment.
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General population: 3,817 Police officers: 108 Legal CCW: 18 Last edited by naeco81; 09-28-2017 at 4:55 PM.. |
#425
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#426
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If you are like the rest of us sane individuals it could well be easy to feel in bizarro world to think after 200+ years that people could misinterpret the shortest Amendment in the Bill of Rights.
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US Navy Retired 1987-2007 |
#427
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So now that DC is eating the loss do we have any indication if Peruta is going to petition rehearing of certiorari denial? I think Nichols is the cleaner case, so I'd understand focus on that but curious if anyone from the legal team can comment on this.
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General population: 3,817 Police officers: 108 Legal CCW: 18 |
#429
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This case is done and there is nothing that can bring it back to life. The cycle ends at the Supreme Court with just one attempt. No second bite of the apple.
There are other cases coming up. Also, we can easily refile a case identical to Peruta. We can even use the same plaintiffs and exactly the same copy-paste language. It will get denied quickly due to Peruta and we'll have a fresh new loss at CA-9 to appeal to the Supreme Court.
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NRA Benefactor Member |
#430
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I didn't know this. It would be nice if RBG does what she promised and moves to New Zealand since Trump got elected, then replace her and do exactly this.
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The thief does not come except to steal, and to kill, and to destroy. I have come that they may have life, and that they may have it more abundantly. John 10:10 iTrader: https://www.calguns.net/calgunforum/....php?t=1888351 |
#431
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From Bruhl, Aaron-Andrew P., "When Is Finality... Final? Rehearing and Resurrection in the Supreme Court" (2011):
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General population: 3,817 Police officers: 108 Legal CCW: 18 |
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