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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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  #161  
Old 10-02-2017, 7:57 PM
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Drivedabizness Drivedabizness is offline
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Hey Javier - we all know your "motivation" - and it AINT public safety
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  #162  
Old 10-05-2017, 12:59 PM
stag6.8 stag6.8 is offline
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Now since D.C. is done (no appeal to SCOTUS)and now there is a circuit split..and the Flanagan case was made AFTER open carry was banned...unlike peruta...any comments on how the 9th circuit will decide this?...Fabio gets goosed...paladin..k c brown...wolfwood?
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  #163  
Old 10-05-2017, 1:49 PM
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Wrenn, at least in terms of CCW, is not at issue in this case, since the trial court (correctly) concluded, at the time that he issued his ruling, that his hands on concealed carry were tied by the Peruta decision. Therefore, that question is not before the court on this msj. On top of that, he is not going to revisit his prior ruling now and go against an explicit ruling in his own circuit, although the split of authority technically (but not practically for political reasons) would allow him to do so.

The one and only proposition for which Wrenn is citeable here is that there is a Constitutional right to bear arms outside the home, an issue not encompassed by Peruta, or, as I vaguely recall, any other circuit court of appeal decision (all having merely assumed that such a right exists). I believe that this trial court is thus bound by that portion of the decision in the absence of contrary authority.
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  #164  
Old 10-08-2017, 10:38 AM
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Quote:
Originally Posted by stag6.8 View Post
Now since D.C. is done (no appeal to SCOTUS)and now there is a circuit split..and the Flanagan case was made AFTER open carry was banned...unlike peruta...any comments on how the 9th circuit will decide this?...Fabio gets goosed...paladin..k c brown...wolfwood?
I won't be watching this case until it gets to CA9.

FWIW, until Jan, I'll just be watching Norman (for cert) and national reciprocity.

From Jan to July, I'll just be watching Norman (if granted cert), Nichols, national reciprocity and a few CA sheriffs' races (Sac, Sonoma, OC and SD).

Haven't decided re. beyond July. ETA: Flanagan will probably be here.

I'll let someone else do a state ConCarry thread this year.

I may post "high fives" for Pena or Kolbe wins (hopefully). Dittos with a "swing" or Leftist SCOTUS justice "leaving" the Court.

I won't be posting much otherwise. Even on those topics I won't be posting much.

That's my current expectation.
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Last edited by Paladin; 10-08-2017 at 2:07 PM..
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