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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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  #201  
Old 05-24-2018, 6:18 PM
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Originally Posted by wolfwood View Post
Flanagan is officially over in the lower court. The court entered judgement for the state and awarded the State costs.
So, time to have a sandwich and nap until, oh, about 2020 Jan 01 for a decision by the 3 judge panel of CA9. And then, en banc or asking SCOTUS for cert....
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  #202  
Old 05-24-2018, 7:14 PM
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I really didn't get the gist of this case. It was supposedly open carry but they were asking for CCW permits as relief?
My take is that they were asking for any form of carry. They said that since open carry is banned, their only option was concealed. But that is effectively banned in many areas by the “good cause” requirement.

The ruling sought is effectively, “Some form of carry is protected under the Constitution; the Legislature can regulate whether it is open or concealed.”

Obviously this is broad strokes, but someone correct me if I’m totally wrong.
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  #203  
Old 05-26-2018, 3:50 AM
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My take is that they were asking for any form of carry. They said that since open carry is banned, their only option was concealed. But that is effectively banned in many areas by the “good cause” requirement.

The ruling sought is effectively, “Some form of carry is protected under the Constitution; the Legislature can regulate whether it is open or concealed.”

Obviously this is broad strokes, but someone correct me if I’m totally wrong.
That's basically what they argued in Peruta. I'm not aware that they even challenged the actual OC statutes or asked for OC licenses.
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  #204  
Old 05-26-2018, 5:45 AM
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That's basically what they argued in Peruta. I'm not aware that they even challenged the actual OC statutes or asked for OC licenses.
No, Peruta was about concealed only, with the final ruling saying that “concealed carry isn’t protected.”

Peruta started before open carry was (effectively) banned, which limited its ability to argue that some form of carry was protected.
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  #205  
Old 05-26-2018, 6:10 AM
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Right, I mean Flanagan didn't challenge the OC statutes. Peruta clearly didnt.
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  #206  
Old 06-08-2018, 12:44 AM
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"I've been denied concealed, I must be provided some form of..."

Makes perfect sense to me as an argument....
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  #207  
Old 06-08-2018, 1:45 AM
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"I've been denied concealed, I must be provided some form of..."

Makes perfect sense to me as an argument....
As far as the courts are concerned (from the decisions I've read), the method of carry they've provided is: "You can shove it up your ..."
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  #208  
Old 06-08-2018, 8:25 PM
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The NRA just filed its notice of appeal
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  #209  
Old 06-09-2018, 7:11 AM
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Could it now get stayed pending the outcome of young? Or possibly rolled in?
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  #210  
Old 06-10-2018, 10:43 AM
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Could it now get stayed pending the outcome of young? Or possibly rolled in?
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 06/12/2018. Transcript ordered by 07/05/2018. Transcript due 08/03/2018. Appellants California Rifle & Pistol Association, Inc., Michelle Flanagan, Samuel Golden, Dominic Nardone and Jacob Perkio opening brief due 09/12/2018. Appellee Xavier Becerra answering brief due 10/12/2018. Appellant's optional reply brief is due 21 days after service of the answering brief. [10897314] (JBS) [Entered: 06/05/2018 02:39 PM]

Hopefully a decision in young will come out before their first brief is due. If not it might get stayed. It will not be rolled in.

Of course Nichols needs to be decided before Flanagan and that is directly on CA law.

Last edited by wolfwood; 06-10-2018 at 10:46 AM..
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