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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel. |
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#1
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R.I.P. Nordyke v King
It's been a long hard fight. SCOTUS denied certiorari today on the request for a hearing on damages and attorney fees.
http://www.supremecourt.gov/orders/c...13zor_5426.pdf On the bright side, see you all at the next Pleasanton Gun Show in Alameda County.
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Donald Kilmer (Lex Arma) - Reason or Force. If civic virtu does not reside in the people - no constitution, no bill of rights, no legislative body and no court will be able to preserve our liberties. Unconsciously borrowed from: "Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it." — Judge Learned Hand NONE of my posts on this website are legal advice. I get the top bunk. Last edited by Lex Arma; 01-07-2013 at 10:39 AM.. |
#5
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I'll make sure to support them by attending every show possible.
Sent from the depths of the S3 Galaxy via Tapatalk 2
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"If a man hasn't found something worth dying for, he isn't fit to live." - Martin Luther King Jr. "Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety." - Benjamin Franklin "You have to be willing to swing your nuts like a deadblow hammer to put these jackasses in their place." - AJAX22 "The best defense against usurpatory government is an assertive citizenry." - William F Buckley Jr. |
#6
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Thank you for your work.
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WTB: SWISS & German police trade in pistols WTB: German made & proofed SIG P226R & P228R WTB: Factory cutaway pistols & rifles WTB: LAPD Ithaca M37 / CHP S&W / Other PD trade ins.... |
#7
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The work is appreciated. The shafting by the governments is not appreciated.
My thanks to Lex Arma and the Nordykes!
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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). |
#8
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Thanks for your hard work on this case.
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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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:beer::beer:
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NO ISSUE / MAY ISSUE / SHALL ISSUE - LTC progress over time since 1986 |
#10
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Thank you and the Nordykes very much for all of your tireless work!
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#14
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Thanks for staying in such a long fight and never giving up. Sometimes you win, sometimes you come to a draw. IANAL but my understanding is that Nordyke ended in a draw basically? I wish you could have recovered your fees.
Everyone, this is why the gun rights orgs need our $$$. Sometimes there's a big pay-out at the end to cover all the fees, and sometimes there isn't, and these things are never completely predictable. The attorneys in this fight (on our side) are not doing it for the money.
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"Weakness is provocative." Senator Tom Cotton, president in 2024 Victoria "Tori" Rose Smith's life mattered. |
#15
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Done. Thanx.
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Donald Kilmer (Lex Arma) - Reason or Force. If civic virtu does not reside in the people - no constitution, no bill of rights, no legislative body and no court will be able to preserve our liberties. Unconsciously borrowed from: "Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it." — Judge Learned Hand NONE of my posts on this website are legal advice. I get the top bunk. |
#16
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THANK YOU Don, Sallie, Russell, and everyone involved for a long hard fight.
It's priceless when we have certain rights that cannot be infringed because of your dedication. Erik. |
#17
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http://wiki.calgunsfoundation.org/Nordyke_v._King
Wiki will be updated later today. Darn, that was a long slog.
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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. |
#18
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Don
Thanks to you, as well as Sallie, Russel & the gang for carrying on so long. For other readers here who may not be aware, I just want to say this case allowed Don (at least for a few months before en banc) TO BE THE FIRST PERSON IN HISTORY THAT 'INCORPORATED' THE 2nd AMENDMENT. I dunno if ABA has a 'badge' for that (probably not, given the subject!) but you're "In the Books". Quote:
We're gonna have to mob this show "just 'cuz" - though given the last few weeks of gun purchasing context, that shouldn't be too hard to achieve.
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Bill Wiese San Jose, CA CGF Board Member / NRA Benefactor Life Member / CRPA life member
No postings of mine here, unless otherwise specifically noted, are to be construed as formal or informal positions of the Calguns.Net ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my employer. No posts of mine on Calguns are to be construed as legal advice, which can only be given by a lawyer. |
#19
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Thank you Don, the Nordykes, and everyone that worked so hard on this case for so long.
Your efforts are greatly appreciated.
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Live between Santa Cruz and SLO? Want to get involved? Check out the Central Coast Calguns Community Chapter And join the Central Coast Region Social Group! NRA Life Member - CRPA Life
Statements posted here are the sole opinions of the author and not those of CGN, CGF, CRPA, or any other institution or agency unless otherwise noted. |
#20
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I want to shout out a heartfelt thank you for your tireless work on this case. That is dedication to the cause indeed and its much appeciated by all. The 9th circuit denials and sidestepping of some issues not so much. However this paves the way and shows that we will not roll over so just for that alone its a win. Good job. Arms are borne so laws may rule!
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"No free man shall ever be debarred the use of arms…" Thomas Jefferson, Proposed Virginia Constitution, 1776, Jefferson Papers 344. Disclaimer: Any posts by me are intended to be for informational purposes only and are not legal advice. No attorney/client relationship is formed. |
#23
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Wow that which seemed to never end, has. May we all not live in such interesting times. Am looking forward to some of the cases that are on hold moving further up the court levels & some much anticipated victories on our side.
Thanks to all who held up the fight for way too long, your efforts were/are inspirational to us all!
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‘‘Are we at last brought to such humiliating and debasing degradation, that we cannot be trusted with arms for our defense? ... If our defense be the real object of having those arms, in whose hands can they be trusted with more propriety, or equal safety to us, as in our own hands?’’ — Patrick Henry |
#26
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Here is the meat (but no potatoes) of it as I understand it:
Alameda County made it basically impossible to hold a gun show. For 12 years it went back and forth in the 9th circuit court. The Nordykes temporarily "lost"... but then the Heller federal case breathed new life into the case, and they fought it out some more. The Nordykes won. Then, because of a rarely-excercised right of the court to hear a case "en banc", (more judges than the 3 judge panel that is normal), that win was vacated (set asside). Then, when it was time to re-argue the case in front of the larger panel of judges, Alameda county surrendered wihtout a fight.... in Oral arguments, they conceded their case to avoid the court ruling once again for the Nordykes, thereby gaining a case to cite in future lawsuits. After all of this BS, the Nordykes (and Don) tried to get the court to force Alameda county to pay for some attorney fees for dragging it on for several years for no reason... the court denied the motion, so they appealed that denial and the Supreme Court refused to hear the case. So... basically... a chicken-snit move by Alameda county robbed Don out of millions of dollars in lost revenue, the Nordykes out of a victory, and the entire gun community a case win that could have been cited in the future.
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#28
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Don, you and the Nordykes have my heartfelt thanks for being willing to go the distance for our right to keep and bear arms, and for the incredible effort you went through here.
That the Supreme Court declined cert sadly comes as no surprise to me, and I am quite unhappy with the implications of that for us. But it certainly wasn't for lack of trying! Keep fighting the good fight, sir!
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The Constitution is not "the Supreme Law of the Land, except in the face of contradicting law which has not yet been overturned by the courts". It is THE SUPREME LAW OF THE LAND, PERIOD. You break your oath to uphold the Constitution if you don't refuse to enforce unadjudicated laws you believe are Unconstitutional. The real world laughs at optimism. And here's why. |
#29
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Here is a quiz, which is from 2007 and which is from 2012? This: Quote:
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6 years of appeals and they "won" exactly the same thing they already had when they started! |
#32
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Of course you are entitled to enjoy the taste of government boot polish. I never acquired the taste myself.
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Donald Kilmer (Lex Arma) - Reason or Force. If civic virtu does not reside in the people - no constitution, no bill of rights, no legislative body and no court will be able to preserve our liberties. Unconsciously borrowed from: "Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it." — Judge Learned Hand NONE of my posts on this website are legal advice. I get the top bunk. |
#35
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Congrats! I remember the Alameda county fairgrounds shows well. Now let's bring back the San Mateo fairgrounds gun shows too.
Sent from my Galaxy Nexus using Tapatalk 2
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#36
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Well I think it can be safely said that after 6 plus years of appeals and nearly a million dollars in fees and lost profits, it has been conclusively determined that both of you were wrong.
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#37
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Right. Because every petition not granted had no merit.
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Brandon Combs I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead. My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer. |
#38
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Tough one.
It was a crap shoot to go to the SCOTUS and sometimes the "dice" just don't roll your way, but if you don't try, the dice will never role your way.
Right now our side is going through a filtering process where we are seperating the "civil rights folks" from the "hobbyists and sportspersons". Don took the case on principle, something that many people sadly are lacking. Don, I know this is a huge letdown, but you did what few others would do because unlike others, you are a pitbull and you stick with your principles and your beliefs. Don just got beaten down really bad, as a community our response should be supportive because if any of us got beaten down, we would want people to help us up. Nicki |
#39
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#40
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Any chance you might pitch in to help the overall RKBA movement now that the case is done? --neill
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