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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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Teixeira v. Alameda County: May 14 2018 Petition DENIED
From gene's Twitter this morning.
// SCOTUS docket page for petition for certiorari : https://www.supremecourt.gov/search....ic/17-982.html // // Librarian
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Steve Last edited by Librarian; 01-11-2018 at 12:02 PM.. |
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Presumably in 15 minutes you can see for yourself at this url:
https://www.ca9.uscourts.gov/opinions/
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Get the hell off the beach. Get up and get moving. Follow Me! --Aubrey Newman, Col, 24th INF; at the Battle of Leyte Certainty of death... small chance of success... what are we waiting for? --Gimli, son of Gloin; on attacking the vast army of Mordor Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death! --Patrick Henry; Virginia, 1775 |
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Rest in Peace - Andrew Breitbart. A true student of Alinsky. 90% of winning is simply showing up. "Let's not lose sight of how much we reduced our carbon footprint by telecommuting this protest." 383green NRA Benefactor Member |
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Nevah!
Congratulations to Don Kilmer - and you, btw.
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Rest in Peace - Andrew Breitbart. A true student of Alinsky. 90% of winning is simply showing up. "Let's not lose sight of how much we reduced our carbon footprint by telecommuting this protest." 383green NRA Benefactor Member |
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Just lucky enough to be in the right places at the right times.
Let's hope for more good news from CA9 this week!
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Steve |
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Teixeira v. Alameda County 9th Circuit Decision out today 5.16.16
9th Circuit opinion just posted today:
http://cdn.ca9.uscourts.gov/datastor...6/13-17132.pdf The panel affirmed in part and reversed in part the district court’s dismissal for failure to state a claim, and remanded in an action brought by three individuals wishing to operate a gun shop in Alameda County, California, who challenged a County ordinance, which among other things, does not permit prospective gun stores to be located within 500 feet of a residentially zoned district. Reversing the dismissal of plaintiffs’ Second Amendment claims, the panel held that the County had offered nothing to undermine the panel’s conclusion that the right to purchase and to sell firearms is part and parcel of the historically recognized right to keep and to bear arms. The panel held that the Ordinance burdened conduct protected by the Second Amendment and that it therefore must be subjected to heightened scrutiny—something beyond mere rational basis review. The panel held that under heightened scrutiny, the County bore the burden of justifying its action, and that the district court should have required the County to provide some evidentiary showing that gun stores increase crime around their locations or negatively impact the aesthetics of a neighborhood. The panel held that if on remand evidence did confirm that the Ordinance as applied, completely bans new guns stores (rather than merely regulating their location), something more exacting than intermediate scrutiny would be warranted. -Cee Last edited by ceedubG; 05-16-2016 at 10:17 AM.. |
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Nice!
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"Freedom begins with an act of defiance" Quote for the day: Quote:
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The post at Volokh Conspiracy highlights several notable quotes from the majority opinion.
Quote:
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. “Keep it up, America, keep telling your youth that mud and danger are fit only for intellectual pigs. Keep on saying that only the stupid are fit to sacrifice, that America must be defended by the low-brow and enjoyed by the high-brow. Keep vaunting head over heart, and soon the head will arrive at the complete folly of any kind of fight and meekly surrender the treasure to the first bandit with enough heart to demand it.” (Robert Leckie) Last edited by strongpoint; 05-16-2016 at 11:07 AM.. |
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I love how the county wants to make claims that gun stores attract crime. Which is absurd.
If we're going to effectively ban businesses that attract crime shouldn't places like bars and liquor stores be first on the list?
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"Freedom begins with an act of defiance" Quote for the day: Quote:
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Sooooo are they saying that Strict Scrutiny doesn't apply even though it was argued as the ordinance's result was effectively a Black Code...and that the district court said they thought it really only rose to the level of intermediate scrutiny but they messed up on that as a court and essentially applied rational basis as they just sheepled the county's data and didn't question its validity?
Shouldn't we get our $ back from judges and our legal system that half-***** application of the law to evidence... and then use our tax $ to sort it out at a higher level? I would think they would benefit from an airline pilots flight prep checklist or surgeons pre and post op approach? The county doesn't owe the Plaintiff legal fee recovery but what about a bad court...in this case it wasn't an error of omission but and error of commission and that seems like a waste of our time and $...
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Of course! That's a no-brainer. Aren't they automatic now for any positive outcome for a 2A case in the 9th?
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Read the opinion. The language seems similar to that of the pre-en-banc Peruta ruling (O'Scannlain?).
Of course in Silvermans partial dissent he plays the "if you can get a gun then its not an infringement" card: The next thing you need to know is that there is no claim that, due to the zoning ordinance in question, individuals cannot lawfully buy guns in Alameda County. It is undisputed that they can. The record shows that there are at least ten gun stores already operating lawfully in Alameda County.
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Ah- but what if some residents can't afford the bus-fare to get to those other locations????
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When seconds count 1911 > 911 is correct numerically as well "Sometimes I wonder whether the world is being run by smart people who are putting us on, or by imbeciles who really mean it." -Mark Twain |
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And don't forget mall parking lots, smash and grabs are huge around here.
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Sorry, not sorry. 🎺 Dear autocorrect, I'm really getting tired of your shirt! |
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Wins are good, and they feel great. We get too few of them, so I for one will be celebrating this one.
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.. .........STGC(SW) SAF Life Member NRA Benefactor |
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Earlier threads:
Teixeira v. Alameda (FFL Zoning) CGF has 13th complaint in a row thrown out of court before trial Cal-FFL, CGF, SAF suffer loss in Teixeira v. County of Alameda Perhaps, just perhaps, early losses have other contributing factors beyond the alleged poor filing/argument?
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "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."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
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David Kopel on the Decision :
9th Circuit opinion on rights of gun stores applies standard, rigorous Second Amendment doctrines Quote:
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Party?
Presuming no en banc ... The plaintiffs now get to schedule a lower Federal court trial - a couple months. Then they hold the trial - a week or two, maybe. Then the court issues a ruling. Months. Then the loser appeals to 9th Circuit. More months, to accept/deny. Then new briefs - months. Then Oral arguments. Then a ruling - months. Last cycle took 4 years. 3-4 years again looks probable. I hope Don is grooming a replacement for himself, for when he retires. Lots of his cases will still be active.
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "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."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
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Anyway I'm not quite yet. And thanks for the kind words posted earlier regarding assessments of the early stages of public interest litigation. We had some unique obstacles to overcome in this case, but it is in a much better posture now.
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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. Last edited by Lex Arma; 05-17-2016 at 2:48 AM.. Reason: Style. |
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I like O'Scannlians retort about "he wouldn't be saying that if we were talking about book shops." What if it was churches. Would a judge really say: "its ok to effectively ban new churches because there are already other existing churches you can go to"?
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"Freedom begins with an act of defiance" Quote for the day: Quote:
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The whole 500ft thing is so arbitrary too. Really....so 446 ft away and all hell is gonna break loose.....but 500ft and all is well? The contention that gun stores attract crime is also rather offensive. Its another example of no matter much we comply its never enough. After all the hoops we hafta jump thru to buy a gun, with background checks and waiting periods, safety cards, etc, its still not enough to satisfy them. It just further reinforces that they're true mentality is that ALL gun owners are criminals.....period!
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"Freedom begins with an act of defiance" Quote for the day: Quote:
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What effect, if any, will this have on the case in Pleasant Hill, where the city council rammed through an ordinance that was zoning for gun sales and FFL's, and claimed it wasn't zoning? I haven't checked lately what the status of the case is.
I expect what Librarian posted above is the case. Years of paperwork and hearings ahead. |
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And I think that is what many of these ordinances were pushed by the Bradys and VPC were intended to do. In a dense population center restricting something to be away from schools, homes, bars/liquor stores, etc was intended to act as a ban because they know there is virtually no where that will meet that criteria.
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"Freedom begins with an act of defiance" Quote for the day: Quote:
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More to the point, I really am. And since I live in NorCal, my choices are probably Boalt or Hastings, not the most gun-friendly venues. Does the Bar still allow study with a member of the Bar instead of law school? ETA - it's B&P code 6060(e)(2) Quote:
ETA2: I'm laughing at all this and explaining it to my wife. She said "I'm not sure I'd want to be married to a lawyer ..."
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "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."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. Last edited by Librarian; 05-17-2016 at 10:07 AM.. |
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Aw, Jeez....
I'm thinking Izzies. I'm not letting you savages into my house. You'll drink all my booze, terrify my family, and molest my dogs.
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Rest in Peace - Andrew Breitbart. A true student of Alinsky. 90% of winning is simply showing up. "Let's not lose sight of how much we reduced our carbon footprint by telecommuting this protest." 383green NRA Benefactor Member |
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "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."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
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Not sure why that would be a factor. There's also USF and GGU, which strike me as a little more middle-of-the-road.
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. “Keep it up, America, keep telling your youth that mud and danger are fit only for intellectual pigs. Keep on saying that only the stupid are fit to sacrifice, that America must be defended by the low-brow and enjoyed by the high-brow. Keep vaunting head over heart, and soon the head will arrive at the complete folly of any kind of fight and meekly surrender the treasure to the first bandit with enough heart to demand it.” (Robert Leckie) |
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Not so sure about the political stance of USF any more; when I was an undergrad there, lots of the SFPD were USF grads, and the law school served many of those for career advancement. Expensive, though. Apologies for dragging this off topic. I know I know better.
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "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."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
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Remember Don went to San Jose State for college then unaccredited Lincoln at night while working full time as a machinist after leaving the Navy. There is no need to bog yourself down in debt if you want to get open your own shop. |
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