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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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#242
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Wouldn't it make a bit more sense for all who have tried to test the waters on this law, to combine into one big voice and a huge lawsuit, then smaller enties attacking it at different times? It's does appear that Donald has some standing on this issue for now and he has taken California gun owners and CADOJ understanding of firearm ownership to new heigjts. I feel that firearm owners are on a roll and taking back some turf! But we all know that this law is the most important one of all for the antis and will fight to keep it alive. CADOJ says law needs to change and NICS says it will never happen.
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#243
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For some strange reason ....there is not much follow up on this case. Hmmm
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Bring hay for my horse....wine for my men....and mud for my turtle! What do you hear ???...... Nothing but the rain. Well grab your gun and bring in the cat. "A fear of weapons is a sign of retarded sexual and emotional maturity." - Sigmund Freud |
#245
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Skoien and the other big one that went to circuit courts, were brought by terrible plaintiffs, who were still on probation when arrested, had multiple past convictions for minor battery, and were represented by a criminal defense lawyer. This case is headed by Donald Kilmer, the first man in the history of the USA to get a federal court to rule that the second amendment was a RIGHT, ( before it went en banc when the other justices read it and said , holy $&(/!) in the 9th circuit of all fn courts! This is the case. |
#247
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This being one issue, and a good one to fight. A lot of B.S. stuff can be made to look a lot worse then it is. Perspective is everything. Your situation saddens me. Unfortunately it happens all too often and I wish you the best of luck. Some charges do carry "cruel" punishments, while not breaking rocks, it can effect people their entire lives.
This and some other changes I think need to be made for people who commit crimes in general. I think the attitude needs to be changed from "once a criminal, always a criminal". My personal theory is on this, is after they have served their time, paid their debt, they are released back in to a society they are no longer able to fit into. Marking on rental applications they have been convicted of a crime. When they go look for a job, they are denied a decent job. They can be harassed at a traffic stop for having a blinker out, pulled out of the car and searched. Can't vote, can't own firearms, etc. I think this in itself pushes them back the other way. People make mistakes, period. We all do. We have all been young and dumb. I personally think, after their debt has been paid, after their probation and parole is up, they be allowed to be free and clear of such obstacles. Obviously, career criminals are just that, and wouldn't fall in this category, but stuff like juvenile crime, minor offenses, stuff like that is no reason to write someone off forever. |
#248
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A nation of sheep, breeds a government of wolves! |
#249
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#250
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I know you're frustrated, and I probably would be too! But we have to chip away and pick the low-hanging fruit first. The reason we went after handgun bans in DC and Chicago was because they were absolutely indefensible. Those cases gave us strong legal foundations and a great deal of momentum. Eventually we'll manage to overturn things like the NFA and the GCA, but if we'd started there, the courts would have said no, and the press would have declared RKBA to be dead forever.
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#251
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At the time that I was convicted, the law was fresh and new and the courts, court papers and even mentioned me losing my rights until I was refused a gun purchase and called CADOJ and they informed me that I had to wait ten years and than I could mark 'no' in the dv column and would then be able to purchase guns again. So I waited the ten years and was able to purchase a few handguns and rifles. Then a couple of years back, I was refused again...this time it was the federal law and CA decided to go along with the feds... I think alot of it having to do with Wyoming losing their appeal. So here I sit...banned again
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#253
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Don Kilmer submitted a request for an extension to file amended complaint yesterday.
http://www.archive.org/download/gov....15824.25.0.pdf Last edited by M107A1; 07-21-2011 at 4:08 PM.. |
#254
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#255
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does anyone know how long the system takes to update once your prohibition has expired? i think i am life banned though as i was convicted of 422. |
#257
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My GF's cousin recently was asking me about getting a gun. The he told me about his misdo DV conviction from 12 or so years ago. He said that when he agreed to the charge, he was told he could get it expunged after ten years. So he did. He went through the whole process and had it expunged. I told him he'd still be prohibited federally, and I could see his heart sink. His DV incident was another BS situation, where he inadvertently injured his GF's sister, trying to keep her out of his vehicle, and now he is banned for life.
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No government deprives its citizens of rights without asserting that its actions are "reasonable" and "necessary" for high-sounding reasons such as "public safety." A right that can be regulated is no right at all, only a temporary privilege dependent upon the good will of the very government officials that such right is designed to constrain. |
#258
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There are so many BS cases like this and they are growing in number everyday. The threshold for a DV conviction is so low that, once charged, it's almost impossible NOT to be convicted. This is an important effort.
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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 |
#260
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Trust me it doesn't matter one bit to the supporters of this law.
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"Government is the great fiction, through which everybody endeavors to live at the expense of everybody else." --FREDERIC BASTIAT-- Proud Life Member: National Rifle Association, the Second Amendment Foundation, and the California Rifle & Pistol Association |
#261
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A nation of sheep, breeds a government of wolves! |
#262
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#263
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@mofugly13 - I think a conviction against a girlfriend's sister might not be a Lautenberg misdemeanor crime of "Domestic" violence. Not being married to the girlfriend means the girlfriend's sister isn't actually family. Maybe if he was living at the same house as the girlfriend's sister, it would be "domestic" violence.
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#264
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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. |
#265
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__________________
No government deprives its citizens of rights without asserting that its actions are "reasonable" and "necessary" for high-sounding reasons such as "public safety." A right that can be regulated is no right at all, only a temporary privilege dependent upon the good will of the very government officials that such right is designed to constrain. |
#266
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I hope your friend is in the clear; these government injustices need to be stopped.
I've been following this thread and hope this infringement is soon to be history.
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People don't like to be meddled with. We tell them what to do, what to think, don't run, don't walk. We're in their homes and in their heads and we haven't the right. We're meddlesome. --River Tam |
#267
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#268
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This is where the knee jerk reaction to a percieved lack of action by the NRA can screw the pooch. All you have to do is look at the reaction by some of the less informed Calgunners when past threads came up on this subject to understand exactly why the NRA wouldnt directly or publicly touch this issue at this time. "I dont think wife beaters need guns, etc etc." That is the kind of crap that gets spouted because many dont have a clue how easy it is for anyone to catch a Misd. DV without even having to lay a hand on anyone. Now think about how many out of that 4 million conservative NRA members that wont take the time to think this through. Look at all the pissing and moaning when the NRA endorsed the best pro gun candidates (or the incubent if both candidates were equally gun friendly) and some happened to be Dem's! It didnt matter that the NRA did exactly what it was supposed to do and maintained the "single issue" agenda. People were cancelling memberships and slingling mud because they forgot the NRA didnt stand for National Republican Association. So, I could see the serious damage when the antis spout off about how the evil NRA wants to give guns to the wife beaters, etc. The reality is, the NRA has to be careful due to the politics of this issue. It doesnt mean they are not indirectly supporting this or that they are not doing anything "under the Radar" (that goes both ways doesnt it?). Either way, I DO NOT want the NRA to "publicly" support this at this time unless or until the masses understand the issue better. Yeah politics suck, but it is the game that has to be played I guess.
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Any Questions about Front Sight memberships or specific information about attending, Feel Free to send me a PM! |
#269
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http://www.courts.ca.gov/documents/spr08-35.pdf
__________________
-If you insult me for my grammar errors, what makes you think I understand the insult? -Play stupid games, win stupid prizes. Are we done -Voting is like falling off your bike. Sidewalk or street. Both are painful to fall on. But, the sidewalk (Mitt) is closer to the green grass. Last edited by jeep7081; 07-25-2011 at 7:49 AM.. |
#270
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The more "radical" gun rights groups do a better job on this kind of thing anyway. |
#271
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#273
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#274
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I haven't heard anything further. I agree with one of your previous post about more waiting.... Yeah, that sucks. My question is however, what significance might having the "request for an extension to file amended complaint" being mutual agreed upon by both parties have on this case? I find that odd, but of course IANAL. Does that show that there may be a weakness on the defendants because it seems like maybe of the few things if any that they have agreed on with the plaintiffs? Can anyone elaborate on their thoughts about this?
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#275
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IANAL, but it seems to be pretty customary for opposing parties to agree to the filings which cite additional authorities. I think there are potential problems if they don't agree to reasonable requests.
Net effect is that I'd not read too much into things if all parties agree to the amending of a complaint in the normal progression of a case. |
#276
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#277
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Became a Madison Society life member just now...
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NRA Life Member SAF Life Member (Defenders' Club) CCRKBA Life Member Madison Society Life Member CRPA Life Member |
#278
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I too became a life member because of his case. Let everyone who you think would be interested know about them. It would be great to make this thread and case go viral.
Remember what Don Kilmer said, the one plaintiff who was dismissed actually had the best 10th amendment claim. This case is much bigger than just the mistemeaner prohibition. |
#279
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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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"You can't stop insane people from doing insane things with insane laws. That's insane!" -- Penn Jillette Discretionary Issue is the new Separate but Equal. |
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