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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 06-15-2017, 2:23 PM
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Exclamation CA9 Court: United States v. Hernandez - REVERSED and REMANDED

Conviction for bringing firearms into California from Arizona REVERSED and REMANDED for a new trial. I'm using my stupid mobile phone, so sorry for the lack of details.

http://cdn.ca9.uscourts.gov/datastor...5/14-50214.pdf

Erik.
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  #2  
Old 06-15-2017, 2:29 PM
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Quote:
In addition, the
government presented a California gun store owner, Ron
Kennedy, as an expert on gun distribution. Kennedy testified
that a person like Hernandez, with a history of legally
purchasing guns in California, likely would have known
about California gun laws; that the types of guns purchased
were not the types of guns a collector would purchase; and
that the types of guns Hernandez purchased frequently turned
up in ATF trace requests, i.e., requests generated by a gun’s use in a crime, which Kennedy understood meant the guns
were no longer in the possession of their original lawful
purchaser.
What gun store does this guy own and how do I avoid it at all costs?

CAn't believe a gun conviction was turned over at the 9th!
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  #3  
Old 06-15-2017, 2:46 PM
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Quote:
Originally Posted by Lonestargrizzly View Post
What gun store does this guy own and how do I avoid it at all costs?

CAn't believe a gun conviction was turned over at the 9th!
I thought it said he bought his guns at a gunshow. (Page 4)

Erik.
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  #4  
Old 06-15-2017, 2:51 PM
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Quote:
Originally Posted by Lonestargrizzly View Post
What gun store does this guy own and how do I avoid it at all costs?

CAn't believe a gun conviction was turned over at the 9th!
Might be Canyon Sports in Martinez.

https://www.google.com/amp/www.mercu...nal-model/amp/
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Old 06-15-2017, 2:52 PM
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Originally Posted by Window_Seat View Post
I thought it said he bought his guns at a gunshow. (Page 4)

Erik.
Right, but they said that they found some CA LGS owner to testify on behalf of the ATF(?)
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  #6  
Old 06-15-2017, 2:55 PM
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I will be an AZ resident in a couple of weeks, even though I have to finish my contract here in Kommiefornia until the end of the year. However, I have no intention of bringing **** into this corrupt state. I'll actually be taking my firearms out of state. That ought to make the CA Bolsheviks happy. And the 9th, much like a broken clock, has to get something right every once in a great while.
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Old 06-15-2017, 3:09 PM
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Originally Posted by Lonestargrizzly View Post
Right, but they said that they found some CA LGS owner to testify on behalf of the ATF(?)
Ron Kennedy
Canyon Sports
887 Howe Rd,
Martinez, CA 94553
9AM–6PM
(925) 229-4867
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  #8  
Old 06-15-2017, 3:13 PM
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Originally Posted by E Pluribus Unum View Post
Ron Kennedy
Canyon Sports
887 Howe Rd,
Martinez, CA 94553
9AM–6PM
(925) 229-4867
If I lived there, I would never buy from him.
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Old 06-15-2017, 3:35 PM
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Originally Posted by Garv View Post
Might be Canyon Sports in Martinez.

https://www.google.com/amp/www.mercu...nal-model/amp/
Seems like a 2-A Traitor to me.
Happy to make money off of gun owners while stabbing them in the back.
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  #10  
Old 06-15-2017, 4:17 PM
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Interesting case, also touches on residency issues. He got a new trial on a technicality but will probably be convicted again.
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  #11  
Old 06-15-2017, 5:46 PM
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He reported 20 guns stolen after they searched his house. This guy is not a good guy. I think they will convict him again but this time the Gov. lawyers will have to do it the right way.
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Old 06-15-2017, 7:27 PM
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Originally Posted by Lonestargrizzly View Post
If I lived there, I would never buy from him.
Those of us that do live here don't need another reason to avoid his shop. You won't have to search hard to see the reputation it has. He lets one of the biggest *******s I've ever run across run his shop and it's chased off countless customers, myself included.
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  #13  
Old 06-15-2017, 9:47 PM
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Quote:
Originally Posted by E Pluribus Unum View Post
Ron Kennedy
Canyon Sports
887 Howe Rd,
Martinez, CA 94553
9AM–6PM
(925) 229-4867
Heading back home for the weekend on Saturday from Benicia. Maybe I'll stop by, look at their most expensive guns, then pass when I find out the owner is Ron Kennedy.
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Old 06-15-2017, 10:45 PM
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Maybe Kennedy owed ATF a "favor."


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  #15  
Old 06-16-2017, 12:01 AM
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Question

Are there any Counsel (or non Counsel) here who could explain how this case might ramifications on the federal government's rule pertaining to transportation of firearms from one state to another within this circuit?

Erik.
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Old 06-16-2017, 6:39 AM
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This got remanded on mostly procedural grounds -- the jury instructions, evidence allowed, etc. So I wouldn't read much into it as any sort of 2nd amendment precedent.
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Old 06-16-2017, 9:11 AM
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Quote:
Originally Posted by Window_Seat View Post
Are there any Counsel (or non Counsel) here who could explain how this case might ramifications on the federal government's rule pertaining to transportation of firearms from one state to another within this circuit?

Erik.
It doesn't.
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  #18  
Old 06-16-2017, 9:46 AM
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Heading back home for the weekend on Saturday from Benicia. Maybe I'll stop by, look at their most expensive guns, then pass when I find out the owner is Ron Kennedy.
That is evil....

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  #19  
Old 06-18-2017, 2:37 PM
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I mean for any California FFL to testify on behalf of ATF that because the defendant had bought a gun before in California that the defendant demonstrated a grasp of California gun laws is completely disingenuous and asinine.

As a California based FFL he should know that the laws in California are so complex and arbitrary that just about everyone has unknowingly broken one at some point. I mean just look on this forum how often people ask questions about transportation of ammo and firearms. To think that someone from a different state would have a grasp on our laws is completely asinine when residents of California can't even follow the rapid pace at which our laws change.
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  #20  
Old 06-19-2017, 9:24 AM
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After reading through the entire ruling my take is:
1)the prosecution took short cuts,

2) the defendant should have STFU when first questioned and asked for an attorney which would have forced the ATF and local PD to do their jobs to make a case not relying on the defendants statements, and

3) the defendant needed a better attorney, one who knows that CA gun laws are complex and even the average LEO does not understand them all so how is the average gun buyer or gun owner supposed to know them all so the attorney could counter the FUD spewed by the gun store owner that testified for the prosecution.

The defendant probably did buy in AZ with the intent to sell in CA. He probably knew the sale had to go through a CA FFL. I doubt very much they were stolen. Even so, it is up to the government to prove their case beyond a reasonable doubt and just knowing that a person has to have an idea that they were violating a law when buying out of state using his AZ DL and bringing it back to CA because CA consider him a resident I could not have convicted.

To me it was obvious the government wanted to get him for selling guns that were later used in crimes. Had these guns not been recovered from crime scenes but found in his possession, the Feds likely would not have done a thing.
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  #21  
Old 06-26-2017, 8:31 AM
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Quote:
Originally Posted by Lonestargrizzly View Post
I mean for any California FFL to testify on behalf of ATF that because the defendant had bought a gun before in California that the defendant demonstrated a grasp of California gun laws is completely disingenuous and asinine.

As a California based FFL he should know that the laws in California are so complex and arbitrary that just about everyone has unknowingly broken one at some point. I mean just look on this forum how often people ask questions about transportation of ammo and firearms. To think that someone from a different state would have a grasp on our laws is completely asinine when residents of California can't even follow the rapid pace at which our laws change.
Even cops don't understand the arbitrary and capricious gun-control laws of Commiefornia.

I don't remember the name, but there was that one guy who kept getting busted by the same Department for violating the AW ban, even though his guns were Commiefornia legal.
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