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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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44Mag, Copes Settle Litigation Filed by San Francisco Over Rebuild Kits
Copes Distributing, Inc and 44Mag Distributing, LLC, have authorized the release of the following statement on their behalf concerning this litigation:
December 18, 2013 Copes Distributing, Inc. (“Copes”) and 44Mag Distributing, LLC (“44Mag”) have entered into a settlement agreement with the San Francisco District Attorney’s office that effectively terminates the litigation for these parties. The companies admitted no wrongdoing under the settlement agreement, and Copes and 44Mag steadfastly maintain that they have at all times operated in compliance with all state and local laws. Neither company will be required to disclose customer information to the City under the agreement, nor was any customer information disclosed during the course of the litigation. The companies stipulated to settle the case for $15,000 and an agreement to discontinue sales of the body of any magazine capable of holding more than ten rounds to California customers. The companies also agreed to send a letter to San Francisco and Sunnyvale customers advising them of those cities’ recently enacted magazines possession bans. Although the companies believed they would prevail on the merits of the case, each company opted to settle the matter to protect against the possibility that customer identities might be revealed during the litigation. Also, given the passage of the vaguely worded Assembly Bill 48 (AB 48) earlier this year, the companies did not intend to continue selling these parts for standard-capacity magazines after the first of the year. Rather than spend money fighting over the legality of rebuild kits after the passage of AB 48, Copes and 44Mag instead intend to make financial contributions to the NRA’s California lawsuits seeking to confirm Second Amendment protections for standard-capacity magazines. Should the sale of standard-capacity magazines or repair kits be deemed legal by any court order, stipulation, or change in legislation, the settlement agreement provides that these companies may resume sales to California customers. Copes and 44Mag would like to thank their customer for their patience and support during the litigation, and they look forward to continuing to serve their California customers.
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CMonfort@michellawyers.com www.michellawyers.com www.calgunlaws.com Subscribe to Receive News Bulletins Last edited by CMonfort; 12-18-2013 at 11:00 AM.. |
#3
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"The companies stipulated to settle the case for $15,000 and an agreement to discontinue sales of the body of any magazine capable of holding more than ten rounds to California customers."
So, it looks like AB 48 effectively banned mag bodies not springs, plates or followers. Its a sad day. |
#5
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#6
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Well I guess the focus with magazines will be centered directly on the large-capacity restrictions which was expected.
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"When you get the (men) to the range, you just get the men. But when you bring the (women) to the range, you get the (whole family). And that's what's going to save our 2nd Amendment."--Dianna Liedorff "Since self-preservation is the 1st law of nature, we assert the...right to self-defense. The Constitution...clearly affirms the right of every American...to bear arms. And as Americans, we will not give up a single right guaranteed under the Constitution." --Malcolm X |
#7
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I hope these companies will sent out letters to all their customers to preserve the anonymity of those ones who live in San Fransisco or Sunnyvale. The mail isn't secure. They could use the postal service to help compile a list of people who might have bought a rebuild kit. http://www.nytimes.com/2013/07/04/us...nail-mail.html
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#8
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Hauoli Makahiki Hou ------- |
#10
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Interesting to see what happens with Exile now, especially since that case is going forward, and customer info has been requested by the city. Seems like SF didn't want to big a fight with Michel&associates, and is focusing on the party who is being defended by the guy who couldn't pay his California bar dues.
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#11
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Nothing like getting strong armed into paying $15,000 over nothing. I love how gov't entities can just up and sue anyone for anything, and the dickheads behind the lawsuits could care less because it's not their money. Too bad the public doesn't have more of a say so in this kind of taxpayer waste.
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Former political prisoner who escaped on 9-24-23. |
#12
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I'm sure both companies have spent far more in legal fees just getting to this settlement amount. Ugly, unjust and unconstitutional malicious prosecution...
BTW, I have been a customer of 44Mag for years and they have always done right by me. I'm sorry they got caught up in this foolishness.
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“Political tags — such as royalist, communist, democrat, populist, fascist, liberal, conservative, and so forth — are never basic criteria. The human race divides politically into those who want people to be controlled and those who have no such desire.” — Robert A. Heinlein “It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds” — Samuel Adams |
#13
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Another example of why those running the city of San Francisco are worthless. Just think how many actual criminals, could have been dealt with, instead of them wasting time, money, and effort attacking the Second Amendment.
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#14
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This is infuriating. They should be receiving payment not dishing it out.
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#16
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So it was a legal mugging. Cheaper than litigation but an obvious abuse of power by the moving party.
The whole point was to permeate a atmosphere of fear amongst the sellers of RBK's. One day this crap needs to end. Last edited by bubbapug1; 12-19-2013 at 11:57 AM.. |
#17
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Congrats on getting a far better deal for your clients than they could have gotten by going to trial -- even assuming that they will prevail every disputed issue of fact or law.
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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). |
#18
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Is that $15K together or each?
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The deterioration of every government begins with the decay of the principles on which it was founded. Charles-Louis de Secondat (1689-1755) Baron de Montesquieu In America, freedom and justice have always come from the ballot box, the jury box, and when that fails, the cartridge box. Steve Symms, ex-U.S. Senator, Idaho |
#19
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Good result for the clients and far better to support the NRA effort than to continue this fight at this point. $15,000 is probably less than they would have spent responding to discovery.
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IAALBIANYL. I do not post legal advice on public forums. Anything I post is personal opinion and should not be relied upon as legal advice. Have a nice day. |
#20
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^^ What Youngkee said. The court case was likely to be expensive.
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Let me handle your property needs and I will donate 10% of the brokerage total commission to CG. Buy or sell a home. Property management including vacation rentals. We can help with loans and refi's. 10% of all commissions will be donated to CG. Serving the greater San Diego area. Aaron Ross - BRE #01865640 CA Broker |
#21
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Without trying to quibble, I submit that there would have been an astronomical difference between the "total cost" of discovery, and merely the amount "spent responding" to discovery.
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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). |
#22
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Generally I hate when companies roll over and not fight baseless lawsuits. In this however, they were going to stop selling Jan. 1st anyway. So letting the city extort 15k from them was the easier way out but, bigger than that, they will not have to give up a client list which was the worst part of this lawsuit.
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#24
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Glad to hear this got settled sorry they had to pay sf. But cheaper in the long run probably if both parties diced to drag it out.
I assume this was a split sum? Dint see that both parties had to 15,000 each. |
#25
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Yes. But they are represented by a different attorney. There is a motion hearing set for December 30th for Exile. Although as far as I can tell based on the docket Exile has yet to file its opening brief for said motion.
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You think you know, but you have no idea. The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case. |
#26
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OK, thanks for the update. I have feeling though that they will go the same route
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Super Robot VOLTES V |
#27
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This is extortion. The rouge AG, based on nothing more than "I don't like what you guys are doing," is using taxpayer money to strong arm small businesses. How is this legal? What can we do to make it illegal?
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#28
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Buy from these companies, I bought 3 mags from 44mag that I did not really need, but wanted to support them, and you can't really have too many mags...
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“Further evasions will be deleted ETA as off-topic for the thread. Either participate or remain silent.” -Librarian |
#30
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any news worth reporting?
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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) |
#31
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Negative. If you are looking to follow the news of this case keep an eye on this thread. I will quote my update from that thread.
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You think you know, but you have no idea. The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case. |
#32
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apologies; thanks for cross-posting the info. looking at these two threads ... why are litigation updates being posted to the one that ISN'T in the "litigation updates" subforum?
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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) |
#33
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Ugh. Yeah. We created the litigation sub-forum recently, and there was already a lengthy thread on the case in 2A. When the litigation sub forum was created someone else made a new thread about the case. Both threads have lots of worthy discussion, so merging them would be confusing.
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You think you know, but you have no idea. The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case. |
#34
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it helps to read. "Should the sale of standard-capacity magazines or repair kits be deemed legal by any court order, stipulation, or change in legislation, the settlement agreement provides that these companies may resume sales to California customers."
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NRA Lifetime Member 1A-2A = -1A |
#35
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They should also be entitled to a reimbursement of their $15,000... plus interest!
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"The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed—where the government refuses to stand for re-election and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees. However improbable these contingencies may seem today, facing them unprepared is a mistake free people get to make only once." - Justice Alex Kozinski, 9th US Circuit Crt of Appeals |
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