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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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Old 09-24-2017, 7:18 PM
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Default Sigitas Raulinaitis v. Ventura County Sheriffs Dept.

Jon Birdt's carry case Sigitas Raulinaitis v. Ventura County Sheriffs Dept. is up at the Ninth Circuit for oral argument in Dec.

Link below.


https://www.ca9.uscourts.gov/calenda...=4-8&year=2017
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Old 09-24-2017, 7:34 PM
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This is an appeal from district court summary judgment dismissal re: CCW issuance on 2A grounds.
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Old 09-25-2017, 12:21 AM
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I thought ole Birdts died of old age
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Old 09-25-2017, 3:53 PM
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I thought all of these were dismissed because of Peruta. Is there something special here?
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Old 09-26-2017, 12:39 PM
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http://michellawyers.com/wp-content/...ssing-Case.pdf

Cliffs Notes: Raulinitis claimed residency in Ventura County and sought a CCW from VC Sheriff. Ventura County Sheriff found the "residence" was not Raulinitis' "domicile" and refused to issue.

This thing's been laying around for a while. (Sep 30, 2014)
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Old 09-26-2017, 3:32 PM
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http://blog.californiarighttocarry.o...ning-Brief.pdf


http://blog.californiarighttocarry.o...ring-Brief.pdf


Here are the briefs
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Old 09-27-2017, 1:18 PM
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IMHO, the Sheriff generally has the better arguments. While the statute refers to resident, it seems clear from the legislative history cited by the Sheriff that the term is synonymous with domicile and in arriving at that conclusion the Sheriff was not exercising discretion but merely trying to faithfully enforce the law as he understands it. The question is whether there was a genuine dispute of material fact so that the issue of plaintiff's domicile should have been decided at a trial on the merits as a factual issue. However, it appears that this potential argument has been waived. Maybe because the plaintiff understands that he would loose such a trial, given the Sheriff's contrary evidence.
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