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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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  #1  
Old 09-04-2018, 3:14 PM
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sfpcservice sfpcservice is offline
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Default Young V. Hawaii Open Carry TRO Fund

Hey Folks,

With the victory on Young V Hawaii we are one court proceeding away from being able to open carry in the 9th circuit. We need someone to file a temporary restraining order in federal court to block enforcement of open carry bans.

https://www.gofundme.com/young-v-hawaii-tro

I have set up a GoFundMe me to cover court fees and incidentals for the person who will jump on this. I'm hoping to have the documentation fully prepared so our guy just has to file paperwork.

Please PM if you are willing to be that guy and all others please donate above. I have started it off with $25.

Here is Mr Nichols article:
https://newsblaze.com/usnews/politic...t-isnt_138979/
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Last edited by sfpcservice; 09-04-2018 at 3:23 PM..
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  #2  
Old 09-04-2018, 4:33 PM
TruOil TruOil is offline
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Quote:
Originally Posted by sfpcservice View Post
Hey Folks,

With the victory on Young V Hawaii we are one court proceeding away from being able to open carry in the 9th circuit. We need someone to file a temporary restraining order in federal court to block enforcement of open carry bans.

https://www.gofundme.com/young-v-hawaii-tro

I have set up a GoFundMe me to cover court fees and incidentals for the person who will jump on this. I'm hoping to have the documentation fully prepared so our guy just has to file paperwork.

Please PM if you are willing to be that guy and all others please donate above. I have started it off with $25.

Here is Mr Nichols article:
https://newsblaze.com/usnews/politic...t-isnt_138979/
A fool and his money....It is premature for this. As it is, the original panel has not issued its mandate to Hawaii. And further, the decision was issued under a different statutory scheme that was may issue in law but no issue in practice, while California has a statutory ban, the same ban Nichols has challenged in his [ending appeal. A trial court is very likely to stay or deny because of Nichols pending appeal that will take the case out of the trial court's hands.
Wait for en banc to run its course, because nothing is going to happen in the lower courts until then.
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Old 09-05-2018, 1:17 AM
mrrabbit mrrabbit is offline
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Quote:
Originally Posted by TruOil View Post
A fool and his money....It is premature for this. As it is, the original panel has not issued its mandate to Hawaii. And further, the decision was issued under a different statutory scheme that was may issue in law but no issue in practice, while California has a statutory ban, the same ban Nichols has challenged in his [ending appeal. A trial court is very likely to stay or deny because of Nichols pending appeal that will take the case out of the trial court's hands.
Wait for en banc to run its course, because nothing is going to happen in the lower courts until then.
HEY!!!

This is a NEW thread with and ENTIRELY DIFFERENT FOCUS!

Organizing an effort and funding for a TRO.

That's it . . . PERIOD!!!

NOT for people to come in and TRASH on the basis of the other thread for discussing the actual case of YOUNG v. HAWAII.



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Old 09-05-2018, 8:38 AM
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sfpcservice sfpcservice is offline
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You're right, let's continue to fight each other instead of the antis. No wonder we loose ground every legislative session in CA.

Quote:
Originally Posted by TruOil View Post
A fool and his money....It is premature for this. As it is, the original panel has not issued its mandate to Hawaii. And further, the decision was issued under a different statutory scheme that was may issue in law but no issue in practice, while California has a statutory ban, the same ban Nichols has challenged in his [ending appeal. A trial court is very likely to stay or deny because of Nichols pending appeal that will take the case out of the trial court's hands.
Wait for en banc to run its course, because nothing is going to happen in the lower courts until then.
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Old 09-05-2018, 3:35 PM
TruOil TruOil is offline
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Originally Posted by sfpcservice View Post
You're right, let's continue to fight each other instead of the antis. No wonder we loose ground every legislative session in CA.
I am simply stating my opinion that a TRO at this point in time is an utter waste of money and judicial resources. I am not "fighting" you, merely pointing pointing out the practicalities of the circumstances as they currently present. Even if a judge were to think you were correct, he would sit on the case until the ex parte proceedings are completed. And if ex parte is granted, your TRO will be denied. Moreover, you completely ignore that Hawaii ALLOWS open carry--with a license--but California does NOT.

And for that matter, what do the legislative session have to do with what a court of law will do with the Young decision? Nada.
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Old 09-05-2018, 3:42 PM
CCWFacts CCWFacts is offline
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A TRO is only granted in situations where the outcome of a case is clear. You're sure a TRO is granted, meaning you're sure that open carry is protected right now. You have no doubts about this.

So why do you even need a TRO? Just open carry and when you get to your court appearance simply tell the judge, "Look at the Young case and Heller", and he'll see that open carry is protected and he'll drop all charges.

In other words, if a TRO would be granted in this case, then a TRO also wouldn't be necessary. And you're sure enough in the TRO idea, so go for it. Start open carrying today.

(Edit: I really hope no one does this because I don't like to see fools getting arrested for no purpose. Although Nichols did open carry illegally and even specified that in his court filings so obviously there's a market for stupidity.)
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Old 09-10-2018, 5:11 PM
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Ubermcoupe Ubermcoupe is offline
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How about no -
GFMe takes 3% of every donation and then 5% of total donations.

How about just sending the money in a check to Wolfwood / Mr. Beck?
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