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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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#801
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#802
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Well, if and when you are comfortable doing something (set up a GoFundMe or associate with a non-profit org with directed donations, etc.) post it here. I'll donate. I'll support LaRue's efforts if they are launched after this (maybe) is headed to USSC.
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#803
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Proud CGN Contributor USMC Pistol Team Alumni - Distinguished Pistol Shot Owner of multiple Constitutionally protected tools |
#804
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Thought you guys might enjoy this, basically a summary of the overpaid taxpayer funded government lawyer’s weaksauce petition, and his destruction thereof by Alan and his merry band of amici.
https://firearmsunknown.com/FU2/blog...pen-carry-case |
#805
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Nice read , anyone else feel like we're going to see Peruta all over again . This seem like the same lead up . Us tooting are own horns how great are briefs are and how the 3 judge panel knocked out of the park for us .
I truly had hopes for Peruta but after that crap I have no hope for this one . At least I won't be disappointed this time .
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Tolerate allow the existence, occurrence, or practice of (something that one does not necessarily like or agree with) without interference. Anyone else find it sad that those who preach tolerance CAN'T allow the existence, occurrence, or practice of (something that they do not necessarily like or agree with) without interference. I write almost everything in a jovial manner regardless of content . If that's not how you took it please try again |
#806
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Last time we had Kennedy who impeded what was right. Our only barrier this time is Roberts, and if former justice Stevens recent interview is anything to go by Roberts may be squarely in our corner now that Kennedy is gone. |
#807
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It's functional you just need to put the tires back on to drive it . It's functional you just need to plumb some gas to that stove . Your legs are functional we just need to re-attach your spinal cord .
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Tolerate allow the existence, occurrence, or practice of (something that one does not necessarily like or agree with) without interference. Anyone else find it sad that those who preach tolerance CAN'T allow the existence, occurrence, or practice of (something that they do not necessarily like or agree with) without interference. I write almost everything in a jovial manner regardless of content . If that's not how you took it please try again |
#808
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Whether it is loaded or unloaded, it will be "subject to reasonable regulation," i.e., there is a right to "bear" arms outside the home, but "may issue" for carry outside the home is constitutionally permissible. That will be the result in Young as well, reversing the panel and concluding that the may issue scheme is constitutional even if the effect is no issue. This is a policy determination in which evidence of the law in practice is irrelevant; and as a matter of policy, guns in public should be limited, because, of course, more guns means more gun crime. It's a FACT! (Even if there is no evidence to support that assumption either. The experts they chose to believe tell them so, and that is enough. Why this is not a jury question is a mystery to me. Has been for years.)
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#809
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Even Heller (Scalia) bailed and folded constitution in favor of 'long held prohibitions' so expect continued erosion of rights until the constitution is once more the supreme law of the land.
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#810
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https://archive.fo/gcrV2 |
#811
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More on Stevens:
https://www.nraila.org/articles/2018...eller-decision |
#812
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The "in common use" standard is undoubtedly problematic. Is there any doubt that automatic weapons, SBRs, SBSs, etc. would be in common use if they weren't prohibited by state and federal laws? But they've been intensely regulated for 85 years, so of course, they are not "in common use" and to argue that they would be in common use were they not prohibited would be speculation (even if almost certainly correct speculation.)
Hopefully, this is refined out of existence, especially if Trump gets another appointment.
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In case it wasn't obvious, nothing I write here should be interpreted as legal advice. |
#813
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mrrabbit said
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from wiki, Quote:
Prior to the "Revolt at Cincinnati" which happened 21 yrs before Heston took helm at NRA. The NRA was not politically active. In 1977, I had already been a NRA member for 4 yrs. Harlon Carter and his supporters made it clear that "FROM THAT DAY FORWARD". NRA was becoming a Pro-2A politically active org. The NRA in 1977 already "stepped up and admitted that previous NRA policy was wrong". https://www.cincinnati.com/story/new...led/404628002/ The LONG AGO NRA is not the same NRA of today. Please try and keep up. Last edited by pacrat; 12-02-2018 at 4:36 PM.. |
#814
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NRA is off topic for this thread.
Feel free to start a thread for that discussion.
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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. |
#816
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Nor does it legalize loaded or unloaded open carry in Hawaii. Nor anywhere else.
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#817
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All true. All it does is require Hawaii chief of police to consider civilian applicants who are not applying to be security guards. It has no effect on any other aspect of the law, which includes a "may issue" scheme for both concealed and open carry licenses. the best thing you can say about it is that it recognizes a constitutional right to carry outside the home. But it does NOT recognize a right independent of a state or county issued license to do so.
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#818
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It's just a coincidence that almost every security guard that applied received a license (there have been some that have had a disqualifying offense on their record) to open carry (while on duty in uniform only), and not one single "ordinary citizen" has ever gotten one. Of course no "ordinary citizen" has ever gotten a concealed carry license in Hawaii county either. So at least they're "fair" about it. No license for you! (See: Seinfeld "soup nazi" episode). I'm just amazed the state and county can actually make the claims they've made with a straight face... I guess it helps that they know that no matter how they've violated people's rights and lied to the court that they will suffer no consequences whatsoever. All while being handsomely paid by the very taxpayers whose rights they violate. Good gig if you can get it. And you have no moral or ethical scruples. Last edited by surfgeorge; 12-07-2018 at 12:09 PM.. Reason: correct misspelling typo |
#819
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Peruta ruling avoided answering the question of whether carry is a right. That way, the issue remained unresolved and the state could play licensing games with impunity. This ruling, written by the same judge who wrote the initial Peruta decision, forces the recognition of the right. This is a big deal, even if another case (or two) will be required to iron out the details.
__________________
NRA Benefactor Member |
#820
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#821
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When the state took away unloaded open carry I thought this battle would have come much sooner. If the state is forced to give us a way to carry they'll probably just give back unloaded open carry. If enough people exercise it it'll probably become a shyt show and the state might then decide to go with shall issue for concealed instead of allowing open carry.
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#823
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Last edited by stag6.8; 12-10-2018 at 10:36 PM.. |
#824
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#825
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A licensed activity is a privilege not a right. Even if we got shall issue it wouldn't be supporting our rights, but at least we'd be privileged to carry.
If Ca wants to get out of the rights fight and still keep us unarmed it would be easy, they can let us carry unlicensed and simply load it down with limitations. Like giving back the unloaded carry but add that you're not allowed to posses any ammo, problem solved. |
#826
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#828
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If it does, how long will it take for the PD to stop responding with an overwhelming show of force every time a snowflake soccer mom makes a MWG!!! call to 911, as they did during the quiet protests that led to the open unloaded ban? Or "shaming" protests for anyone who dares? This is California, after all.
And if it does come back, you can also be assured that Noisome will do everything in his power to prevent it, loading up as many restrictions as he can, and letting gun rights organizations take the laboring oar in trying to get them declared unconstitutional. |
#829
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Where is my enbanc decision? Last edited by Offwidth; 01-08-2019 at 4:04 PM.. |
#832
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From 2018 Sept 14:
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240+ examples of CCWs Saving Lives. Last edited by Paladin; 01-13-2019 at 1:25 PM.. |
#833
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That "should" has no basis in law, as there is no limit on the amount of time the court may take to rule on the petition.
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#834
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Look at the second definition: Quote:
Plus, since you claim to know that there's no deadline, you're complaining that I posted an opinion? Seriously?
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240+ examples of CCWs Saving Lives. |
#835
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"That "should" has no basis in law[.]" |
#836
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You're now on my Ignore List. For the peace of CalGuns, I encourage you to do the same with me.
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240+ examples of CCWs Saving Lives. Last edited by Paladin; 01-15-2019 at 10:44 AM.. |
#837
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Well, it seems some of us are suffering from 'when the heck is something going to happen?' syndrome.
Dial it down, please.
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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. |
#838
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You mean like spewing lengthy personal "opinions" about what is going to happen when? Please detail for us how that has "advanced" anything at all. |
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