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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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  #1  
Old 05-14-2009, 7:59 PM
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Default IMPORTANT: Sykes and Gary Gorski

All,

In researching the Sykes case, we ran across two CCW cases from Gary Gorski entitled Mehl v. Blanas, 03-CV-2682-MCE-KJM and Rothery v. Blanas, 08-CV-2064-JAM-KJM. You can read the 80 page complaint alleging a RICO conspiracy in Rothery here. Rothery remains in the Eastern District at the District Court level.

Mehl is a carry case with two plaintiffs. One was one of the plaintiffs from Silveira. The other is a former FBI agent who was discharged apparently for stress and mental disorders from the FBI who took his automobile and firearm away.

Mehl is in the Ninth Circuit Court of Appeals on appeal from this loss in front of Judge Morrison England, Jr. who we also have in Sykes. The Court of Appeals will hear the case on June 11. Mehl is a serious risk that I will elaborate upon below.

Due to Federal Rules of Civil Procedure we had to give notice to the Eastern District that Sykes might be related to Mehl and Rothery and this was Alan Gura's filing.

Due to the potential for Mehl to be detrimental to everyone's right to carry in the Ninth Circuit, Don Kilmer, Alan Gura, and I made an attempt to reach out to Gary Gorski and see if we could come to an agreement to let Sykes move forward without facing the risks of Mehl in the Court of Appeals. Our efforts elicited this email from Gary Gorski to me. The email was blind copied to a long list of people which was attested to by the number of replies it received. I believe the email speaks for itself and should be read in its entirety. Suffice it to say that Mr. Gorski's arguments are to be taken with a strong grain of salt since his handle on basic facts is not strong.

After the Judge in Sykes denied our motion of related case (which is what everyone would prefer), Mr. Gorski filed this and amongst other things, incorrectly asked for sanctions against Alan Gura. Gorski's filing was moot as Judge England had already ruled on the motion Gorski opposed after his ruling.

We will not know what three judge panel Mehl will have until 10 days before argument on June 11. If the case gets the wrong panel, that panel can rule conclusively that there is no right to carry in California and could conflict with the Nordyke panel to cause Incorporation in California to go en banc with Mr. Gorski as counsel for the Second Amendment in that en banc appeal. This would be a worse actual outcome from Silveira as it could actually destroy the gains we've made so far. Further, depending on timing and the exact ruling Mr. Gorski is given by the appeals panel, Sykes could be mooted.

I post this as I want to make sure this community understands that we are faced with a systemic risk to the advancement of the Second Amendment in California. All is not lost as the final outcome of Mehl may very well be a reverse and remand, which will allow the Sykes case to go forward. However, this is why you often hear a lot of us ask people to not move forward with litigation prematurely or without using the seasoned firearms counsel in the state.

-Gene

Edited to add: You can find the attachments to the email above here: http://www.hoffmang.com/firearms/gorski/
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Last edited by hoffmang; 05-14-2009 at 8:16 PM..
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  #2  
Old 05-14-2009, 8:06 PM
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He seems a little confused about who litigated Nordyke, among many other things...
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Old 05-14-2009, 8:08 PM
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And professionalism! My, what cogent argument and adherence to the niceties!
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Old 05-14-2009, 8:08 PM
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What an arrogant JACKWAD!!!

Are you sure he's not being financed by the Brady Campaign?

His ego is going to destroy all we've done and screw us all.
What a great 'friend and ally'...
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  #5  
Old 05-14-2009, 8:18 PM
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Is there anything we can do?
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  #6  
Old 05-14-2009, 8:20 PM
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Solid body waste!
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  #7  
Old 05-14-2009, 8:29 PM
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Very entertaining. Sure wish the stakes weren't so high with Gorski behind the table.
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Old 05-14-2009, 8:29 PM
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Regardless of which case is first, none of this is good for the common cause....


Pull it together.
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  #9  
Old 05-14-2009, 8:32 PM
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Gene,

Thank you for things like this. Your energy amazes me.
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  #10  
Old 05-14-2009, 8:33 PM
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...so the guy that helped screw california in silveira is now attempting to 'undercut' the two attorneys that have made the sykes case possible?

Any chance we can get him to drop his case and take up the right to keep and bear peacock feathers instead?
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  #11  
Old 05-14-2009, 8:38 PM
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Wow...just wow.
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  #12  
Old 05-14-2009, 8:39 PM
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God, please change Gorski's heart. If not that, please strike him dead. In Christ's name...

Ryan
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  #13  
Old 05-14-2009, 8:39 PM
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How can he still have a license...
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  #14  
Old 05-14-2009, 8:47 PM
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It's a shame that there's always some fraction of a movement who are off their rocker.

You should also warn people that email is NSFW


**--> An interesting Chronicle article on Gorski.
http://www.sfgate.com/cgi-bin/articl...sn=001&sc=1000



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  #15  
Old 05-14-2009, 8:52 PM
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Would it be possible to file a suit against him on behalf of all pro-2A supporters in the state of California? Maybe try to get his license to practice revoked?!
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Old 05-14-2009, 8:56 PM
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Wow that letter is so awesomely UNPROFESSIONAL!
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  #17  
Old 05-14-2009, 9:00 PM
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So are you going to sit down with him over a pint per his offer?

-Jason
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Old 05-14-2009, 9:00 PM
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I wonder if some kind of collective complaint to the California Bar would slow his case down. Thoughts?
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Old 05-14-2009, 9:03 PM
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What is the grounds for the Mehl appeal?

Didn't the court just say that the Plaintiffs have no standing, therefore there is no case? Couldn't the appeals court say the same thing and dismiss?

Missing something here I think.

BTW, this guy is a tool that needs to go away. There is a study that show incompetent people are incapable of recognizing it in themselves and/or others. This guy is so incompetent and he doesn't even see it.....

Can't the case be vacated or something???
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  #20  
Old 05-14-2009, 9:04 PM
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Quote:
Originally Posted by BobB35 View Post
What is the grounds for the Mehl appeal?

Didn't the court just say that the Plaintiffs have no standing, therefore there is no case? Couldn't the appeals court say the same thing and dismiss?

Missing something here I think.
It is quite possible that the court of appeals could just affirm the dismissal. However, you aren't missing something.

-Gene
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  #21  
Old 05-14-2009, 9:06 PM
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Regardless of your opinion at least he as a pair and isn't afraid to speak what is on his mind with colorful detail, even if he is wrong.
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Old 05-14-2009, 9:08 PM
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Oh. My. God.
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Old 05-14-2009, 9:09 PM
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I guess the Army and Rugby failed to teach him anything about teamwork.

Egomaniacs like him do much more harm than good to everything they touch.
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  #24  
Old 05-14-2009, 9:10 PM
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Quote:
Originally Posted by jb7706 View Post
Wow...just wow.
This-to-the-tenth-power. Seriously.
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  #25  
Old 05-14-2009, 9:10 PM
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I think that Mr. Gorski should take some of the medicine that he offered to Mr. Gura.
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Old 05-14-2009, 9:13 PM
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What pissed the guy off so much?
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Old 05-14-2009, 9:17 PM
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Quote:
Originally Posted by sorensen440 View Post
What pissed the guy off so much?
As far as I can tell, this document was the only thing upon which he has a rational basis to react. The email came to my inbox before Don, Alan, or I had so much as spoken to him or emailed him.

-Gene
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Old 05-14-2009, 9:17 PM
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Wow.... This guy needs to calm down and learn how to type out a professional email....

How is he still in practice ANYWHERE!

I feel very sad...
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  #29  
Old 05-14-2009, 9:18 PM
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Lacks a good deal of loquaciousness for an attorney, does he not? Double-negatives? Expletives?

.
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Old 05-14-2009, 9:19 PM
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Wait a minute. Do I understand correctly that this could have a detrimental effect on incorporation? Is that right? Sorry guys but I'm not a lawyer. What effect will this have on our efforts of getting rid of the AW ban and handgun safety list?
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Old 05-14-2009, 9:19 PM
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Quote:
Originally Posted by hoffmang View Post
As far as I can tell, this document was the only thing upon which he has a rational basis to react. The email came to my inbox before Don, Alan, or I had so much as spoken to him or emailed him.

-Gene
What a punk

Sounds like he is just a hack
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Old 05-14-2009, 9:21 PM
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Quote:
Originally Posted by gotgunz View Post
Regardless of your opinion at least he as a pair and isn't afraid to speak what is on his mind with colorful detail, even if he is wrong.
Actually, he is not speaking his mind. He is letting emotion and immaturity get in the way. It's clear he is incapable of conveying a thought with focused effectiveness.

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Old 05-14-2009, 9:27 PM
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Quote:
Originally Posted by Centurion_D View Post
Wait a minute. Do I understand correctly that this could have a detrimental effect on incorporation? Is that right? Sorry guys but I'm not a lawyer.
Nordyke is the incorporation case. Sykes is a Carry Case. They're different cases. Gorksi's cases could have a negative impact on what the Sykes case is trying to do. At least that's how I understand it.
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Old 05-14-2009, 9:29 PM
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What I love about the email is that Gooberski calls the attorney (Gura) who argued before the Supreme court of the US the Heller case (and won) an absolute idiot and f*** up - does he even know who Gura is?.....my original statement stands, this guy is a tool
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Old 05-14-2009, 9:34 PM
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What did Alan say about that email?
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Old 05-14-2009, 9:34 PM
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Quote:
Originally Posted by Centurion_D View Post
Wait a minute. Do I understand correctly that this could have a detrimental effect on incorporation? Is that right? Sorry guys but I'm not a lawyer. What effect will this have on our efforts of getting rid of the AW ban and handgun safety list?
Quote:
Originally Posted by CSDGuy View Post
Nordyke is the incorporation case. Sykes is a Carry Case. They're different cases. Gorksi's cases could have a negative impact on what the Sykes case is trying to do. At least that's how I understand it.
If Gorski's case results in an en-banc appeals hearing at the 9th circuit, the hearing could possibly negatively impact the Nordyke ruling and CCW in CA. As far as the effects on the AW ban and the Handgun roster, it could effectively render everyone's effort moot if Gorski doesn't get the job done right.
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Old 05-14-2009, 9:35 PM
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Well. That was an exceedingly professional letter...

It appears that he's got a little jealousy issue.

That's unfortunate.
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Old 05-14-2009, 9:36 PM
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Quote:
Originally Posted by amurphy View Post
How is he still in practice ANYWHERE!
Look at how long it took for Jack Thompson to get disbarred, even after the kinds of stuff he included in court filings.
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Old 05-14-2009, 9:41 PM
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What about Gorski's claims about standing with regard to the Sykes appellants?
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Old 05-14-2009, 9:41 PM
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Definitely a "member" of the bar ....
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