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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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  #41  
Old 02-10-2017, 5:15 PM
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Default I was served today

Any co defendents please contact me via private message.

Thanks, Mark Kubes buymilsurp.com
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  #42  
Old 02-10-2017, 5:42 PM
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Quote:
Originally Posted by Exile Machine View Post
Rest assured that throughout the entire course of the litigation and settlement, Exile Machine LLC retained and continues to retain full confidentiality and control of our customer data. Customer and order information has NOT been and will not be revealed to or shared with any person or entity as a result of this lawsuit or settlement.
Exile, its a shame I don't have more reasons to buy stuff from you. Always here. Always helpful. Always trying to help CA as much as you legally can.

Keep on keepin' on brother!
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  #43  
Old 02-10-2017, 7:36 PM
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Are they running up against the statue of limitations to file a lawsuit. How many years has it been since rebuild kits were banned? Three?
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  #44  
Old 02-10-2017, 7:36 PM
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Originally Posted by Exile Machine View Post
http://www.exilemachine.net/shop/pag...t-suit-39.html
Customer and order information has NOT been and will not be revealed to or shared with any person or entity as a result of this lawsuit or settlement.
Customer for life
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  #45  
Old 02-10-2017, 9:49 PM
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Quote:
Originally Posted by edgerly779 View Post
OP should try and be accurate. No high cap in ca law only standard cap .
FIFY - the term is standard cap
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  #46  
Old 02-10-2017, 10:05 PM
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Originally Posted by Drivedabizness View Post
FIFY - the term is standard cap
Not in CA law.

Talking about legal things, use the legal terms.

In a different context, use whatever you like.
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  #47  
Old 02-11-2017, 2:06 AM
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Quote:
Originally Posted by Exile Machine View Post
http://www.exilemachine.net/shop/pag...t-suit-39.html

On March 19, 2014 Exile Machine LLC settled the lawsuit filed against us by the San Francisco City Attorney. The suit alleged that we unlawfully sold large capacity magazines as repair kits. While we are convinced that we have always complied with all applicable laws, including the statutes at issue in this case, Exile Machine was absolutely unwilling to give up our customer data. The only way that we could be certain that our customer information would remain confidential was to settle the case and pay $15,000 to the San Francisco City Attorney.

Rest assured that throughout the entire course of the litigation and settlement, Exile Machine LLC retained and continues to retain full confidentiality and control of our customer data. Customer and order information has NOT been and will not be revealed to or shared with any person or entity as a result of this lawsuit or settlement.
much respect i need to start ordering from you
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  #48  
Old 02-11-2017, 7:49 AM
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Quote:
Originally Posted by SamsDX View Post
It's absolutely disgusting that the San Francisco city attorney extorted you through abuse of the legal process. This is a nuisance payment at best, and the fact that they settled for this amount should seriously call into question the merits of their case.

If a patent troll going around seeking nuisance-level settlements that are lower than typical litigation expenses can lead to sanctions, this should also qualify as a sanctionable offense. At the very least, a bar complaint should be filed against the attorney.
lol. SF did get an injunction you know:

https://query.sftc.org/Minds_asp_pdf...nt.asp?PGCNT=0
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  #49  
Old 02-11-2017, 8:12 AM
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Link not working. (?)

And good morning to you!
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  #50  
Old 02-11-2017, 8:34 AM
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Try this:

http://webaccess.sftc.org/Scripts/Ma...=-ACGC13531982

It's the MAR-19-2014 docket entry. If that doesn't work, start here:

http://sfsuperiorcourt.org/online-services/verify?f=nsq

Then for party name enter "Exile Machine". Click "Exile Machine, LLC". then click on case number CGC-13-531982, then find the MAR-19-2014 docket entry and click "view".
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  #51  
Old 02-11-2017, 8:58 AM
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Originally Posted by FABIO GETS GOOSED!!! View Post
lol. SF did get an injunction you know:

https://query.sftc.org/Minds_asp_pdf...nt.asp?PGCNT=0
I'm actually surprised anyone would send complete mag rebuild kits to CA after this.
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  #52  
Old 02-11-2017, 9:15 AM
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Good morning folks... can anyone with good info on who to contact about this please PM or email me? We're currently looking at options and would like some good valid suggestions. Thank you!
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  #53  
Old 02-11-2017, 10:20 AM
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Quote:
Originally Posted by Exile Machine View Post
http://www.exilemachine.net/shop/pag...t-suit-39.html

On March 19, 2014 Exile Machine LLC settled the lawsuit filed against us by the San Francisco City Attorney. The suit alleged that we unlawfully sold large capacity magazines as repair kits. While we are convinced that we have always complied with all applicable laws, including the statutes at issue in this case, Exile Machine was absolutely unwilling to give up our customer data. The only way that we could be certain that our customer information would remain confidential was to settle the case and pay $15,000 to the San Francisco City Attorney.

Rest assured that throughout the entire course of the litigation and settlement, Exile Machine LLC retained and continues to retain full confidentiality and control of our customer data. Customer and order information has NOT been and will not be revealed to or shared with any person or entity as a result of this lawsuit or settlement.
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Originally Posted by TurboChrisB View Post
And please know that it did NOT go unnoticed.
+1 here. This is a major reason why you guys earned a spot on my favorites bar.
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  #54  
Old 02-11-2017, 11:31 AM
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Originally Posted by DartFrog View Post
“It takes a particular type of miscreant to compromise the safety of Californians simply for profit,” Herrera said in a statement.

Miscreants, deplorables, and gun owners...oh my!
You mean like Democrat politicians?

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  #55  
Old 02-11-2017, 12:47 PM
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Originally Posted by taperxz View Post
I'm actually surprised anyone would send complete mag rebuild kits to CA after this.
Right? "I've got a great idea, let's sell large cap magazines, but we'll cleverly disguise them by disassembling them and calling them 'repair kits'. I'm sure nobody has ever thought of this before!"
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  #56  
Old 02-11-2017, 12:48 PM
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Quote:
Originally Posted by LAK Supply View Post
Good morning folks... can anyone with good info on who to contact about this please PM or email me? We're currently looking at options and would like some good valid suggestions. Thank you!
Simple, just use the stipulated injunction from the last lawsuit, cross out "Exile Machine", and write "LAK Supply" instead. Save some money on attorney fees.
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  #57  
Old 02-11-2017, 3:48 PM
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Quote:
Originally Posted by FABIO GETS GOOSED!!! View Post
Right? "I've got a great idea, let's sell large cap magazines, but we'll cleverly disguise them by disassembling them and calling them 'repair kits'. I'm sure nobody has ever thought of this before!"
If they didn't send them as kits and made sure only individual parts could be shipped, what else can an online vendor do short of self-declaring that one single part is "the magazine" and cannot be shipped to CA?

This seems like another half-baked law gone awry when people chose not only not to comply, but to flaunt it openly. The ban on manufacture is still in place and the DA should go after those who assembled magazines illegally, no? The problem (of the law) being that there is no way to know who did what. Oh, well.
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  #58  
Old 02-11-2017, 8:45 PM
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Originally Posted by FABIO GETS GOOSED!!! View Post
Right? "I've got a great idea, let's sell large cap magazines, but we'll cleverly disguise them by disassembling them and calling them 'repair kits'. I'm sure nobody has ever thought of this before!"
The hypocrisy from CA DOJ though is that if you separate the lower from an upper, you don't possess a semi auto AW.

It should be pretty tough for the government in court to say it works with the firearm but not the magazine.
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  #59  
Old 02-11-2017, 8:51 PM
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"They" don't want "us" to have magazines at all, including currently legal 10 rounders. It's not like mag parts grow on trees.
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  #60  
Old 02-11-2017, 9:34 PM
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Quote:
Originally Posted by Exile Machine View Post
http://www.exilemachine.net/shop/pag...t-suit-39.html

On March 19, 2014 Exile Machine LLC settled the lawsuit filed against us by the San Francisco City Attorney. The suit alleged that we unlawfully sold large capacity magazines as repair kits. While we are convinced that we have always complied with all applicable laws, including the statutes at issue in this case, Exile Machine was absolutely unwilling to give up our customer data. The only way that we could be certain that our customer information would remain confidential was to settle the case and pay $15,000 to the San Francisco City Attorney.

Rest assured that throughout the entire course of the litigation and settlement, Exile Machine LLC retained and continues to retain full confidentiality and control of our customer data. Customer and order information has NOT been and will not be revealed to or shared with any person or entity as a result of this lawsuit or settlement.

Thank you Exile for telling them to pound sand.
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  #61  
Old 02-11-2017, 9:43 PM
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Quote:
Originally Posted by FABIO GETS GOOSED!!! View Post
Right? "I've got a great idea, let's sell large cap magazines, but we'll cleverly disguise them by disassembling them and calling them 'repair kits'. I'm sure nobody has ever thought of this before!"
But if they sell you a non functioning magazine repair kit...isnt that just it? A repair kit?

If you have to order more parts to make the magazine functional then its on the individual for intent to build.
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  #62  
Old 02-12-2017, 11:46 AM
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What about people with Ferraris? They only want to break speed records on highways?
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  #63  
Old 02-12-2017, 1:38 PM
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Originally Posted by OniKoroshi View Post
Copes caved in for names? Exile told them to pound sand correct?
No; Copes settled and promised to stop selling rebuild kits to CA, but did not provide names.
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What compelling interest has any level of government in knowing what guns are owned by civilians? (Those owned by government should be inventoried and tracked, for exactly the same reasons computers and desks and chairs are tracked: responsible care of public property.)

If some level of government had that information, what would they do with it? How would having that info benefit public safety? How would it benefit law enforcement?
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  #64  
Old 02-12-2017, 2:38 PM
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Quote:
Originally Posted by kcheung2 View Post
"the only purpose of these magazines is to kill as many people as quickly as possible..." Then why do you want to your police to have them?
And why aren't there rivers of blood in the majority of the country where free states don't infringe?...

CA is run by kooks who couldn't explain a valid reason for supporting illegal aliens, much less a valid reason for standard cap mag ban... Hell, half of them couldn't explain a sunrise.
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  #65  
Old 02-12-2017, 2:39 PM
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Originally Posted by SmallShark View Post
What about people with Ferraris? They only want to break speed records on highways?
And mow down pedestrians. Ban them.
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  #66  
Old 02-12-2017, 4:26 PM
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And mow down pedestrians. Ban them.
That's right! Darn pedestrians should be banned.
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The Legislature is in recess. We're immune from most further mischief until the next session begins, late December 2017.

There is no value at all complaining or analyzing or reading tea leaves to decide what these bills really mean or actually do; any bill with a chance to pass will be bad for gun owners.

The details only count after the Governor signs the bills.

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  #67  
Old 02-12-2017, 4:27 PM
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San Francisco can't allow hi-cap magazines or they get PTSD.
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  #68  
Old 02-12-2017, 7:36 PM
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That's right! Darn pedestrians should be banned.
Or at least they should stay off the sidewalk when I'm driving! Schgeez, you think they would have learned by now!
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Originally Posted by Librarian View Post
What compelling interest has any level of government in knowing what guns are owned by civilians? (Those owned by government should be inventoried and tracked, for exactly the same reasons computers and desks and chairs are tracked: responsible care of public property.)

If some level of government had that information, what would they do with it? How would having that info benefit public safety? How would it benefit law enforcement?
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  #69  
Old 02-13-2017, 12:23 AM
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Originally Posted by Blade Gunner View Post
I lived in SF for 50 years. It's like being married to a whore. She going to f u over. As soon as Newscum becomes Gov, look at SF gun laws statewide. Buy as many hollow points as you can. There are illegal in SF.
I don't live in SF, but it's a terrible city for its crowds and damned regulations.
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  #70  
Old 02-13-2017, 8:23 AM
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So again, what are the ramifications of these lawsuits?

SF wins and gets a judgement for what against these sellers? Money, time, harsh words?

SF is trying to inhibit interstate commerce using a local law...I think the feds will have something to say about that.

If SF did win and got a monetary damage...how would they collect? All these vendors have to do is bank with a local bank and the State of CA can't get anything from them without running afoul of sovereignty issues.

What am I missing here? The state is trying to stifle commerce and the only outcome may be those vendors stop selling to CA?

the flip side would be for any cash strapped state to outlaw the use of Google or Facebook, sue in the local town hall courtroom and collect billion from CA companies...
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  #71  
Old 02-13-2017, 9:30 AM
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I don't live in SF, but it's a terrible city for its crowds and damned regulations.
They forgot the regulation on not crapping in the streets.
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  #72  
Old 02-13-2017, 9:37 AM
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Does anyone have any recommendations on good crowd funding options for this sort of thing?
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  #73  
Old 02-13-2017, 10:01 AM
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Originally Posted by LAK Supply View Post
Does anyone have any recommendations on good crowd funding options for this sort of thing?
I can't help with the crowdfunding thing but I'd love to purchase some parts to support you guys.... Are you still shipping parts? Or does the lawsuit prevent that?
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  #74  
Old 02-13-2017, 10:34 AM
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I can't help with the crowdfunding thing but I'd love to purchase some parts to support you guys.... Are you still shipping parts? Or does the lawsuit prevent that?
I'm sorry, we can't help with mag parts at this time, but we offer a ton of other parts & accessories. We just called it quits on the mag parts issue, as we haven't been able to ship complete kits to CA since 2013, and have had almost no business coming from CA these last couple years at all. It makes it really difficult to justify when things like this arise.
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  #75  
Old 02-13-2017, 10:53 AM
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Quote:
Originally Posted by FABIO GETS GOOSED!!! View Post
lol. SF did get an injunction you know:
Getting a San Francisco Superior Court judge to rule against a firearm company is like getting an East Texas judge to rule against a patent infringement defendant.
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  #76  
Old 02-13-2017, 11:01 AM
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Quote:
Originally Posted by Exile Machine View Post
http://www.exilemachine.net/shop/pag...t-suit-39.html



On March 19, 2014 Exile Machine LLC settled the lawsuit filed against us by the San Francisco City Attorney. The suit alleged that we unlawfully sold large capacity magazines as repair kits. While we are convinced that we have always complied with all applicable laws, including the statutes at issue in this case, Exile Machine was absolutely unwilling to give up our customer data. The only way that we could be certain that our customer information would remain confidential was to settle the case and pay $15,000 to the San Francisco City Attorney.



Rest assured that throughout the entire course of the litigation and settlement, Exile Machine LLC retained and continues to retain full confidentiality and control of our customer data. Customer and order information has NOT been and will not be revealed to or shared with any person or entity as a result of this lawsuit or settlement.


Thank you for doing that. Well done.
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  #77  
Old 02-13-2017, 11:09 AM
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Quote:
Originally Posted by SamsDX View Post
Getting a San Francisco Superior Court judge to rule against a firearm company is like getting an East Texas judge to rule against a patent infringement defendant.
Merrill v Navegar?

Fiscal v CCSF?

Doe v CCSF?

There was no ruling on the injunction, it was a stipulated injunction in which Exile Machine gave the city the injunction it was asking for in the lawsuit. Which was apparently a form of telling SF to pound sand lol.
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  #78  
Old 02-13-2017, 11:21 AM
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Quote:
Originally Posted by LAK Supply View Post
I'm sorry, we can't help with mag parts at this time, but we offer a ton of other parts & accessories. We just called it quits on the mag parts issue, as we haven't been able to ship complete kits to CA since 2013, and have had almost no business coming from CA these last couple years at all. It makes it really difficult to justify when things like this arise.
I thought that this is the kind of situation in which CGF provides legal counsel.

Am I thinking of another group??
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Old 02-13-2017, 11:23 AM
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Originally Posted by BAJ475 View Post
Can't wait for the R's in Congress to use the commerce clause to preempt all such state and local laws.
That would be a nice outcome. It worked for goose liver pate.
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Old 02-13-2017, 11:28 AM
AnonUser AnonUser is offline
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I'm not seeing these rebuild kids on their site (http://www.exilemachine.net). Where would such kits be found? I want to makes sure I don't buy these kits from them.
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