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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 09-09-2010, 9:42 PM
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Default Oral arguments scheduled in Nordyke

Nordyke has another oral argument scheduled for this round. Arguments will be October 19 at 1:30PM in Courtroom 1 of the James R. Browning Courthouse in San Francisco. Both sides will have 15 minutes.

Plans are coming together for CGF related post argument activities but I wanted people to be able to mark their calendars now.

Also, to stay abreast of these fast breaking news items, please consider following CGF on twitter or adding the CGF twitter stream to your favorite RSS reader.

-Gene
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  #2  
Old 09-09-2010, 9:46 PM
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I heard we can expect a decision before Thanksgiving. This correct?
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I want Blood for Oil. Heck I want Blood for Oil over hand wringing sentiment!
^
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Old 09-09-2010, 9:48 PM
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I WILL bring a special bottle this go-round. (To the post-decision celebration.)
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Old 09-09-2010, 9:49 PM
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I heard we can expect a decision before Thanksgiving. This correct?
No clue and anyone who says they have a clue is clueless. The addition of oral arguments pushes back my estimated decision time by about a month or two to the end of the year/ Jan 31/11.

-Gene
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Old 09-09-2010, 9:52 PM
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Originally Posted by safewaysecurity View Post
I heard we can expect a decision before Thanksgiving. This correct?
Sorry, it'll likely take two weeks.
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  #6  
Old 09-09-2010, 9:54 PM
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This case will NEVER go away.
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Old 09-09-2010, 10:16 PM
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Unlike last time, and unlike GRPC, I should be able to make it to this one
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  #8  
Old 09-09-2010, 10:19 PM
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This case will NEVER go away.


I think this case will make Don Kilmer the ultimate Zombie fighter.

-Gene
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Old 09-09-2010, 10:20 PM
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This case will NEVER go away.
Hahaha seriously
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  #10  
Old 09-09-2010, 10:29 PM
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I hope to make this one too.

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Hahaha seriously
Will the county have a different counsel arguing? They did last time (for the EB hearing).

Erik.
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  #11  
Old 09-09-2010, 10:31 PM
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Im gonna show up again.
damn gotta go find that suit my dad gave me.....
will there be a dinner afterwards just like the last two times?
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  #12  
Old 09-09-2010, 10:33 PM
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Whats the story on the judges? They good? Slight bias?
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I want Blood for Oil. Heck I want Blood for Oil over hand wringing sentiment!
^
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  #13  
Old 09-09-2010, 10:37 PM
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Whats the story on the judges? They good? Slight bias?
Same three from the last 3 judge panel.

-Gene
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  #14  
Old 09-09-2010, 10:38 PM
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Originally Posted by hoffmang View Post
Same three from the last 3 judge panel.

-Gene
I know but what's the story on em? I never got the memo.
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I want Blood for Oil. Heck I want Blood for Oil over hand wringing sentiment!
^
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  #15  
Old 09-09-2010, 10:49 PM
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Originally Posted by hoffmang View Post
I think this case will make Don Kilmer the ultimate Zombie fighter.

-Gene
Gotta use a head shot.
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  #16  
Old 09-09-2010, 11:06 PM
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The amici were compelling enough to not remand.
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  #17  
Old 09-09-2010, 11:15 PM
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They were the crew that prematurely incorporated. So they are not unsympathetic. They didn't have a fundamental incorporated right hot on their plate from the US Supreme Court at the time. Now they do.
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  #18  
Old 09-09-2010, 11:52 PM
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I work tuesdays now
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  #19  
Old 09-09-2010, 11:55 PM
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The amici were compelling enough to not remand.
Look at you, all silver lining. It is good news that we don't have to go through another round at district.
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  #20  
Old 09-10-2010, 12:58 AM
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I know but what's the story on em? I never got the memo.
First time around, they voted 3-0 that the Second Amendment was incorporated.
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  #21  
Old 09-10-2010, 1:49 AM
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Default 2nd amendment standard?

Seems to me that they need to revisit the whole "sensitive zone" issue.


Nicki
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Old 09-10-2010, 6:57 AM
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Originally Posted by hoffmang View Post
No clue and anyone who says they have a clue is clueless. The addition of oral arguments pushes back my estimated decision time by about a month or two to the end of the year/ Jan 31/11.

-Gene
And, doubtless, the 9th will want to hear it en banc after that, and then they'll sit on it until some other case makes it to the Supreme Court and affirms the decision of the three judge panel, at which point they'll send it back down again for further review.
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  #23  
Old 09-10-2010, 7:06 AM
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And, doubtless, the 9th will want to hear it en banc after that, and then they'll sit on it until some other case makes it to the Supreme Court and affirms the decision of the three judge panel, at which point they'll send it back down again for further review.
Well THAT sucks!
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Old 09-10-2010, 7:15 AM
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And, doubtless, the 9th will want to hear it en banc after that, and then they'll sit on it until some other case makes it to the Supreme Court and affirms the decision of the three judge panel, at which point they'll send it back down again for further review.
Could they keep this sort of crapola up until the Sun...?

Erik.
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  #25  
Old 09-10-2010, 7:17 AM
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I will be chasing the wily elk in Colorado this year, looking forward to this one though...jim
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Old 09-10-2010, 7:17 AM
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And, doubtless, the 9th will want to hear it en banc after that, and then they'll sit on it until some other case makes it to the Supreme Court and affirms the decision of the three judge panel, at which point they'll send it back down again for further review.
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  #27  
Old 09-10-2010, 7:22 AM
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And, doubtless, the 9th will want to hear it en banc after that, and then they'll sit on it until some other case makes it to the Supreme Court and affirms the decision of the three judge panel, at which point they'll send it back down again for further review.
Yep.

Wish we could know what the en banc vote was the first time around; IIRC the vote-counting that was going on beforehand held that it was a slim possibility that a full en banc hearing would be approved by the 9th.

Does make me wonder how close it really was. There have to be some fence-sitters on the issue inside the 9th that would be swayed simply by the presence of MacDonald and Heller to just let the issue lay with the 3-judge panel.

But, there's a reason those votes are secret.

Anyway, got the 19th on the calendar - hopefully can make this one as I've been absentee from CGF functions for too long.

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Old 09-10-2010, 7:27 AM
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I'm cautiously optimistic, but I'll refrain from buying that celebratory bottle of 30 year Macallan until after the decision. Don't want to jinx the ruling.
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Old 09-10-2010, 7:33 AM
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Hey, the good news is, it's an annual excuse to get together and have some beers. "The second annual Nordyke three-judge panel oral arguments CGF fundraising lunch".

But, I told Alan that Nordyke will now (temporarily) get us strict scrutiny before eventually being sent back down. Every single major gun-related decision has to be temporarily decided in Nordyke before being permanently settled in another case. Heck, I wouldn't be surprised if they somehow reach loaded open carry through Nordyke, eventually!

I also told Don that I'm sure he's regretting not having had a child so he could pass this case on. He replied that his wife is considering filing an amicus brief with the court encouraging them to come to a decision before Don dies of old age.
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Old 09-10-2010, 7:50 AM
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I also told Don that I'm sure he's regretting not having had a child so he could pass this case on. He replied that his wife is considering filing an amicus brief with the court encouraging them to come to a decision before Don dies of old age.
LOL even my wife is like "didn't you already go to a couple Nordyke luncheons?"

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Old 09-10-2010, 7:51 AM
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Seems to me that they need to revisit the whole "sensitive zone" issue.
Nicki
Not for this case. By defendants own admission, the fairground already isn't a sensitive place, as they allow CCW with a permit and allow firearms for other events. This is mostly a scrutiny case now, which is why it is one to watch.
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Old 09-10-2010, 7:52 AM
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And, doubtless, the 9th will want to hear it en banc after that, and then they'll sit on it until some other case makes it to the Supreme Court and affirms the decision of the three judge panel, at which point they'll send it back down again for further review.
Doubtful, unless they use strict scrutiny. Then, quite possible IMHO.
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Old 09-10-2010, 7:55 AM
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Hmmm... I'm going to place my money on Duke Nukem being released before we hear the last of this case...


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Old 09-10-2010, 8:41 AM
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Old 09-10-2010, 8:59 AM
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Doubtful, unless they use strict scrutiny. Then, quite possible IMHO.
'Twas a joke. But, obviously, we're hoping for strict scrutiny, and then, sadly, my little jest may be reality.
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Old 09-10-2010, 9:22 AM
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Seems to me that they need to revisit the whole "sensitive zone" issue.
The "sensitive places" doctrine refers to the carrying of arms. And carry is not an issue before the court in this case.

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Originally Posted by Maestro Pistolero View Post
Not for this case. By defendants own admission, the fairground already isn't a sensitive place, as they allow CCW with a permit and allow firearms for other events. This is mostly a scrutiny case now, which is why it is one to watch.
Exactly.

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Old 09-10-2010, 9:44 AM
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15 minutes per side doesn't seem very long, didn't they get 30 minutes last time?

On the bright side, I might be able to get in to the court room this time (instead of watching CCTV in the cafe).

I think we might avoid an en banc if King doesn't request it.

We'll be the ones asking "secret agenda" questions if an anonymous judge calls for an en banc again.

Will Alan Gura and Don Kates be there again?
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  #38  
Old 09-10-2010, 10:07 AM
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I also told Don that I'm sure he's regretting not having had a child so he could pass this case on. He replied that his wife is considering filing an amicus brief with the court encouraging them to come to a decision before Don dies of old age.
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Old 09-10-2010, 10:13 AM
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'Twas a joke. But, obviously, we're hoping for strict scrutiny, and then, sadly, my little jest may be reality.
With any luck we'll lose so Don can appeal directly to SCOTUS and skip en banc.
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  #40  
Old 09-10-2010, 3:42 PM
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Quote:
Originally Posted by Maestro Pistolero View Post
Not for this case. By defendants own admission, the fairground already isn't a sensitive place, as they allow CCW with a permit and allow firearms for other events. This is mostly a scrutiny case now, which is why it is one to watch.
Hm, I clearly remember this being asserted by our side, in the SAF amicus iirc, but I don't ever remember seeing the defendants admitting to it. Seems like I remember the sensitive place defense being argued in the lcav or Brady amicus.
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