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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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#3
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So what does it mean? It says that the Nordykes shouldn't have been able to amend their case, and therefore they don't need to rule based on the 2A, but they still think the 2A is incorporated? So the case is over and we don't get incorporation from it? Or? I don't get it.
And they cite Cruikshank like it's a reasonable decision! At least they say that Hickman has "evaporated". That is good because that's the case that said, "you can't get a CCW based on the 2A", which opens that up to litigation again.
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"Weakness is provocative." Senator Tom Cotton, president in 2024 Victoria "Tori" Rose Smith's life mattered. Last edited by CCWFacts; 04-20-2009 at 10:09 AM.. |
#4
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Looks like a loser to me. The Incorporation part looks like a maybe but if you believe the Incorporation is going to result in a change of present CA guns laws I wouldn't bank on it. Pete
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NRA LIFE (1974) ![]() I had a commission/USNR from 71-77 but never consider myself a Vet MyDad+4uncles/USMC/WW2/Korea/Vietnam. My Grandfather US Army WW1. No heroes,just regular folks--they were Veterans. “Do not be deceived.God is not mocked. You will reap what you sow.” Last edited by GM4spd; 04-20-2009 at 10:26 AM.. |
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What does this mean on page 41? Is the 2nd incorporated or what?
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#9
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This is my understanding as well
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"I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson |
#10
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A quick scan indicates that we do get incorporation, but that the Nordykes lose on procedural grounds.
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#11
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Well, it has these words in it,
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#13
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Yes I believe so
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"I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson |
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It reads as though the 9th Circuit Court of Appeals has ruled that the Philadelphia Sixers lost their last game against the Phoenix Suns, but they have affirmed that basketballs are indeed roundish spherical-like objects.
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#16
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TLDR:
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EDIT: 13 posts while I typed my comment. Seems like theres a few Calgunners F5ing the 2A forums at 10:30 each morning waiting for Nordyke. God we need a life. Last edited by KWA-S; 04-20-2009 at 10:22 AM.. |
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Or even Gene or Bill
(I suspect they are talking with the lawyers instead of posting right now )
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"I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson |
#20
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Well, thus far looks like good news for calgunners.
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I would expect that there is a lot of thorough reading going on to figure out where we go next.
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After the latest election and current administration, we need some good news to come our way.
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WWW.SANTACRUZARMORY.COM |
#26
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Every sentence in this thing will have potential effect on the next steps
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"I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson |
#27
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It really is disgusting that they uphold Cruikshank and Presser. What kind of scum do you have to be to like those cases?!?
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"You can't stop insane people from doing insane things with insane laws. That's insane!" -- Penn Jillette Discretionary Issue is the new Separate but Equal. |
#28
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Was this the same thing that stopped gun shows at Antelope Valley Fairgrounds? There hasn't been one here for years....certainly not at the new fairgrounds...
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"The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money." Alexis de Tocqueville 1805–1859 |
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![]() My question is when do we lose our bullet buttons? |
#31
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I was thinking about this. Since the county won, they can't appeal the decision. If the decision actually incorporates the 2A, that might well be a good thing.
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bob Disclaimers: I am not a lawyer, cop, soldier, gunsmith, politician, plumber, electrician, or a professional practitioner of many of the other things I comment on in this forum. |
#32
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Yes, it appears that we have incorporation in the 9th, but the Nordykes lost their case.
My thinking, and I am certainly no expert in law, is that since the Nordykes lost but the court indicated incorporation, there isn't a reason for the county to apply for an en banc hearing or a SCOTUS appeal. Alergy medication may be getting to me but it sounds to me like the outcome we wanted for lawsuits is here and the challenges can begin since the court indicated that the 2nd is incorporated. This may actually wind up becoming a better outcome for us since we don't have the mess of the county asking for a stay in the ruling until the case proceeds to en banc by the 9th or cert by SCOTUS. I would guess that even if the Nordykes appeal, they wouldn't need to appeal the incorporation portion. I am very optimistic on this, but of course, will wait to hear fromt those with more experience and legal background than me.
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"The problem with quotes found on the Internet is you have no way of confirming their authenticity." -Abraham Lincoln |
#33
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So this may actually be the best choice for gun owners
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"I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson |
#35
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This is actually the best possible outcome. We get incorporation NOW and the other side can't appeal, as Tiki pointed out quicker than my browser could reload to post.
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"You can't stop insane people from doing insane things with insane laws. That's insane!" -- Penn Jillette Discretionary Issue is the new Separate but Equal. Last edited by yellowfin; 04-20-2009 at 10:30 AM.. |
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if that's correct, that is the ideal outcome.
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#37
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It would seem the County won their portion of the case, and one doesn't appeal a victory. The 2nd amendment wasn't part of their case (so says the court in denying the Nordykes the ability to add the 2nd to their compliant), but in saying so, they perhaps acknowledged incorporation of the 2nd amendment. Could this be an un-appealable victory for 2nd amendment?
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#40
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For us, but not the Nordykes. They took one for the team.
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