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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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Drake v. Jerejian (NJ CCW) [cert denied 5/5]
Drake v. Jerejian [New Jersey]
FKA: Drake v. Filko, Muller v. Maenza, Piszczatoski (WTF?!) v. Cook, or any combination thereof. Issue: 2A Right to Bear Arms outside the home. Question Presented: (1) Whether the Second Amendment secures a right to carry handguns outside the home for self-defense; and (2) whether state officials violate the Second Amendment by requiring that individuals wishing to exercise their right to carry a handgun for self-defense first prove a “justifiable need” for doing so. Status (as of 5/5/2014): Cert Denied. 5/5/2014 - Conference orders released: Cert Denied. 4/28/2014 - Distributed for 5/2/2014 Conference. 4/21/2014 - Distributed for 4/25/2014 Conference. 4/2/2014 - Distributed for 4/18/2014 Conference. 4/1/2014 - Reply Brief filed by Petitioners. 3/14/2014 - BIO filed by Respondents. 2/25/2014 - Supp. Brief filed by Petitioners. 2/13/2014 - Side Note: Peruta published by 9CA. 2/12/2014 - Various Amici Briefs filed: GOF, NRA, Members of Congress, Center for Constitutional Jurisprudence, Wyoming, Judicial Education Project, and Cato. 1/9/2014 - Petition for Writ of Certiorari filed. 11/5/2013 - Justice Alito grants application to extend time (thru 1/9/2014). 11/1/2013 - Application to extend time to file cert. petition. 9/4/2013 - Mandate issued. 8/27/2013 - Petition for rehearing en banc denied. 8/14/2013 - Petition for rehearing filed. 7/31/2013 - Judgment entered. 7/31/2013 - 3CA Panel Opinion. 1/24/2012 - Appeal docketed. 1/16/2012 - Notice of Appeal. 1/12/2012 - Trial Court Opinion and Order granting Defendants' MTD & denying Plaintiffs' MSJ. 10/27/2011 - MSJ/MTD hx. 1/26/2011 - Defendants' MTD filed (P&A). 12/20/2010 - Plaintiffs' MSJ filed (P&A). 11/22/2010 - Complaint filed. Trial Court - Dist. NJ Case No.: 2-10-cv-06110. Docket: http://ia600301.us.archive.org/16/it...20.docket.html Appellate Court - 3CA Case No.: 12-1150. Docket: http://ia601703.us.archive.org/3/ite...50.docket.html SCOTUS Case No.: 13-827 Docket: http://www.supremecourt.gov/Search.a...les/13-827.htm Links: SCOTUSblog case file: http://www.scotusblog.com/case-files...ke-v-jerejian/
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Nationwide Master List of Current 2A Cases, courtesy of Al Norris @ TFL. Reloading Clubs: SF, East Bay Case Status: Peña v. Cid (Handgun Roster). SF v. 44Mag (Mag Parts Kits). Bauer v. Harris (DROS Fees). Davis v. LA (CCW policy). Jackson v. SF (Ammo/Storage). Teixeira (FFL Zoning). First Unitarian v. NSA (Privacy). Silvester (Waiting Period). Schoepf (DROS Delay). Haynie (AW ban). SFVPOA v. SF (10+ mag possession ban). Bear in Public: Drake (3CA); Moore (7CA); Richards, Peruta, McKay (9CA). Last edited by fizux; 05-05-2014 at 5:54 AM.. Reason: update |
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Gura has less than 1 month to file (or not)....
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240+ examples of CCWs Saving Lives. |
#3
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He will file. Peña oral arguments are Monday which gives some insight into the timing here.
-Gene
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Gene Hoffman Chairman, California Gun Rights Foundation DONATE NOW to support the rights of California gun owners. Follow @cgfgunrights 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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#5
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It's good to see you back Gene!
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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 |
#8
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Did you have an exciting several month vacation in southeastern Cuba hosting several members of our state senate and assembly, each of which came back pro-2A ... ?
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Nationwide Master List of Current 2A Cases, courtesy of Al Norris @ TFL. Reloading Clubs: SF, East Bay Case Status: Peña v. Cid (Handgun Roster). SF v. 44Mag (Mag Parts Kits). Bauer v. Harris (DROS Fees). Davis v. LA (CCW policy). Jackson v. SF (Ammo/Storage). Teixeira (FFL Zoning). First Unitarian v. NSA (Privacy). Silvester (Waiting Period). Schoepf (DROS Delay). Haynie (AW ban). SFVPOA v. SF (10+ mag possession ban). Bear in Public: Drake (3CA); Moore (7CA); Richards, Peruta, McKay (9CA). |
#9
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I guess we can all have our dreams.
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#10
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Gura now has less than 1 week to file (or not)....
(Why do lawyers always procrastinate? )
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240+ examples of CCWs Saving Lives. |
#11
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He'll file, only question is whether he'll possibly ask for another extension. In this case it's clear he's hoping some other cases get decided(in our favor) to increase chances of a cert grant.
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#12
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In this case, I think many of us are hoping that the 9CA Richards/Peruta/Baker panel renders an opinion For a $5,000.00 retainer, I'd be happy to provide a detailed explanation.
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Nationwide Master List of Current 2A Cases, courtesy of Al Norris @ TFL. Reloading Clubs: SF, East Bay Case Status: Peña v. Cid (Handgun Roster). SF v. 44Mag (Mag Parts Kits). Bauer v. Harris (DROS Fees). Davis v. LA (CCW policy). Jackson v. SF (Ammo/Storage). Teixeira (FFL Zoning). First Unitarian v. NSA (Privacy). Silvester (Waiting Period). Schoepf (DROS Delay). Haynie (AW ban). SFVPOA v. SF (10+ mag possession ban). Bear in Public: Drake (3CA); Moore (7CA); Richards, Peruta, McKay (9CA). |
#13
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OK, OK, just kidding.
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CGN's token life-long teetotaling vegetarian. Don't consider anything I post as advice or as anything more than opinion (if even that). |
#14
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Sorry, because of lawyers' habit of procrastinating, I only enter into unilateral contracts with them.
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240+ examples of CCWs Saving Lives. |
#15
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U.S. SUPREME COURT ASKED TO CONSIDER SAF, ANJRPC RIGHT TO CARRY CASE For Immediate Release: 1/9/2014 BELLEVUE, WA – The Second Amendment Foundation and Association of New Jersey Rifle & Pistol Clubs today asked the U.S. Supreme Court to hear the appeal in the challenge to New Jersey’s unconstitutional carry laws. The case is Drake v. Jerejian. Prepared by attorneys Alan Gura (who won Second Amendment victories in the groundbreaking Heller and McDonald cases) and David Jensen, today’s petition is the latest effort to bring a right-to-carry case before the high court and is the next step in the process of resolving the differing opinions of lower courts on the right to bear arms for personal protection outside the home. More at: http://www.saf.org/viewpr-new.asp?id=471
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240+ examples of CCWs Saving Lives. |
#16
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In the press release, the ANJRPC Executive Director said:
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Achievement of your happiness is the only moral purpose of your life, and that happiness, not pain or mindless self-indulgence, is the proof of your moral integrity, since it is the proof and the result of your loyalty to the achievement of your values. -Ayn Rand |
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The differences are interesting, but I’m beyond getting my hopes up at this point. Nevertheless …
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Matthew D. Van Norman Dancing Giant Sales | Licensed Firearms Dealer | Rainier, WA |
#20
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http://saf.org/legal.action/drake_ce...tion_filed.pdf
I don't know the normal tone of these but its as if they are challenging the court to take it. |
#22
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The odds are we'll hear before this April.
fwiw I started a thread mainly to help myself to keep track of the Concealed Carry fight at: http://www.calguns.net/calgunforum/s...d.php?t=812950 I update the OP as things happen. Feel free to bookmark it.
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240+ examples of CCWs Saving Lives. |
#23
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Seems to me that if SCOTUS denies cert on this case after all the previous denials, that it really would say they absolutely don't want to answer the question of whether the 2nd Ammendment right exists in any meaningful way outside the home. This argument for cert is pretty plainly stated for the Supreme Court to address a very basic question about how to interpret the scope of a fundamental right, and set clear boundaries of government's intrusion, in a clear yes/no fashion. If they deny it, it says they really are much more afraid of all the downstream consequences of affirming a right and the potential unwinding of regulations at both the federal and state level, than they are of fundamentally failing to uphold their ethical duty to protect the relevance of the Constitution in our form of government.
Last edited by dawgcasa; 01-10-2014 at 5:11 PM.. |
#24
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If SCOTUS doesn't take this one, there are still Richards et al and Palmer in DC.
-Gene
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Gene Hoffman Chairman, California Gun Rights Foundation DONATE NOW to support the rights of California gun owners. Follow @cgfgunrights 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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#26
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The problem is, we only have five votes. Every year they delay dealing with this, one of those five votes could go away. At this point I believe that, due to demographic trends in Florida, we are very close to not being able to elect another Republican president for decades.
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"Weakness is provocative." Senator Tom Cotton, president in 2024 Victoria "Tori" Rose Smith's life mattered. |
#27
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In all seriousness, though, now that I’m actively fleeing California, we should start to see some progress in our favor.
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Matthew D. Van Norman Dancing Giant Sales | Licensed Firearms Dealer | Rainier, WA |
#29
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You guys and your jokes!
Palmer won’t be decided until President Obama or President Rodham Clinton has appointed a successor to the late Justice Scalia or the late Justice Kennedy. On the other hand, if I take a job in Washington, you guys will probably have your virtual shall-issue LTCs before I can get my new driver license. I’ll pay that price, though, if it means averting civil war.
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Matthew D. Van Norman Dancing Giant Sales | Licensed Firearms Dealer | Rainier, WA |
#30
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The judge in Palmer has dragged his feet so much his shoes have all but worn through. I keep checking for CA9 to finally post their results for Richards though. Still wondering what kind of legal hoops CA9 will pull to get out of the lower court saying UOC satisfies the right to arms, then the state prompting banning UOC.... Going to be hilarious what they say.... unless of course they follow logic and decide in our favor for once.
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#31
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#32
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Now who's joking? The Raisuli
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"Ignorance is a steep hill with perilous rocks at the bottom" WTB: 9mm cylinder for Taurus Mod. 85 |
#33
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There's still a slim chance they take the 7th circuit seriously though.... slim |
#34
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"Slim" being the operative word. Still, it can't be ruled out entirely yet, I suppose. The Raisuli
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"Ignorance is a steep hill with perilous rocks at the bottom" WTB: 9mm cylinder for Taurus Mod. 85 |
#35
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- It is no longer Republican vs Democrat; the battle of the 21st century is authoritarian (Rep+Dem) vs libertarian. - The Republican Tent is Full of Elephant Sh*t - The Democrat Elixir is Donkey P*ss - NRA Life Member |
#36
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How do you (everyone) feel about this statement? Do we have any cases that are challenging the permit requirement?
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#37
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Nichols keeps missing the point. At the beginning, it was sort of funny; now I think he just needs a brain transplant.
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Nationwide Master List of Current 2A Cases, courtesy of Al Norris @ TFL. Reloading Clubs: SF, East Bay Case Status: Peña v. Cid (Handgun Roster). SF v. 44Mag (Mag Parts Kits). Bauer v. Harris (DROS Fees). Davis v. LA (CCW policy). Jackson v. SF (Ammo/Storage). Teixeira (FFL Zoning). First Unitarian v. NSA (Privacy). Silvester (Waiting Period). Schoepf (DROS Delay). Haynie (AW ban). SFVPOA v. SF (10+ mag possession ban). Bear in Public: Drake (3CA); Moore (7CA); Richards, Peruta, McKay (9CA). |
#39
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I want SAF to continue to challenge may-issue, but I also want them to get off their butts and lead a massive challenge to licensing constitutional rights, and several real challenges to open carry bans. Until they do then Nichols' point remains valid. Lead, follow, or get the #@!! out of the way!
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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 Last edited by sholling; 01-31-2014 at 10:14 PM.. |
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To answer the question posed before, it is easier to lay a strong foundation. Nichols is demanding Permitless Loaded Open Carry be recognized as the one and only right, **to the exclusion** of any other form of carry as being constitutional. Basically, if Nichols and Embody don't get their way, then noone should be allowed to carry. Its like having the 9mm vs .45 debate -- people get irrational. Permitless Loaded Open Carry is a subset of Carry. Let's work on Carry first, then screw around with open/concealed, licensed/permitless, paper/plastic. I'd love to see PLOC, but I don't want to flush everything else down the drain in the process.
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Nationwide Master List of Current 2A Cases, courtesy of Al Norris @ TFL. Reloading Clubs: SF, East Bay Case Status: Peña v. Cid (Handgun Roster). SF v. 44Mag (Mag Parts Kits). Bauer v. Harris (DROS Fees). Davis v. LA (CCW policy). Jackson v. SF (Ammo/Storage). Teixeira (FFL Zoning). First Unitarian v. NSA (Privacy). Silvester (Waiting Period). Schoepf (DROS Delay). Haynie (AW ban). SFVPOA v. SF (10+ mag possession ban). Bear in Public: Drake (3CA); Moore (7CA); Richards, Peruta, McKay (9CA). |
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