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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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#321
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The Feds don't. They did, now they don't. On a "will o whisp" of the law ( as quoted by Chief Justice Roberts in his decent in US V Hayes) the ATF made felons out of many cops and others who used California expungement to gain gun rights back.
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#322
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I am new to this forum, I didn't realize my rights were revoked until i tried to purchase a rifle a week and a half ago! I have a D.V. misdemeanor conviction from 20 years ago. No one told me back then if I take the plea deal i would lose my right to bear arms for life! the one and only time I have ever had criminal issues in my entire life I am stripped of a civil right? wow. I was young and no lawyer, they sent me back in a room with a D.A. and he basicly told me what i have to do to make this go away. Plead to it, it becomes a misdemeanor,3 years probation,counciling for a year,10 year ban for firearms and your done with it. All this for defending myself from being struck,(restrained the other party by the wrists left red marks and away I went) If this case wins will I be given my rights back or do I have to file a claim in court?
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#323
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that is because the law that implemented that lifetime ban wasn't passed until ~6 years AFTER your plea.
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Jack Do you want an AOW or C&R SBS/SBR in CA? No posts of mine are to be construed as legal advice, which can only be given by a lawyer. |
#324
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well when the death penalty was reinstated they did'nt go back before then and pull every criminal back in and put them on death row! why would it be any different for this? I would really think this is a no brainer.
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#325
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IF they felt I was so violent you woud think they would have kept it a felony? I find this to be crazy. I could see if it was an active law back then and I agreed to it. I would have to grin and bear it. This issue has never even surfaced until now, trying to buy youth rifles for my boys so they could hunt and target shoot with there grandfather. I'm not sure if i can even spectate a shooting event now without being in violation of a law?
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#326
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#327
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This ATF link has been up dated! The answer to question one, has been expanded!
http://www.atf.gov/firearms/faq/misd...ml#description
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A nation of sheep, breeds a government of wolves! |
#329
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Life time ban of gun right for domestic violence misdemeanor is just plain wrong.
Anyone who knows what kind of bull**** can get you a DV charge can attest to that. Some feminist activist, the ignorant kind, makes the society to view all domestic violence case as some evil brute guy beating up an innocent weak woman in a relationship. ABSOLUTE MAJORITY of DV cases are anything but that. I've seen it with my own eyes. In majority of cases it's two people going stupid at each other. Both are agressors and victims, and it's not a "battered wife syndrom" cases. So, if the system responds to those according to those ignorant activist's view point, it will be an overreaction, and punishment will not fit the crime. Last edited by Grayblue; 09-23-2011 at 11:37 AM.. |
#330
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No one really cares about law breakers. Go ahead, violate them any way you want. (/sarcasm, if you couldn't tell) |
#331
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(g) If probation is granted, or the execution or imposition of a sentence is suspended, for any defendant convicted under subdivision (a) who has been convicted of any prior offense specified in subdivision (e), the court shall impose one of the following conditions of probation: (1) If the defendant has suffered one prior conviction within the previous seven years for a violation of any offense specified in subdivision (e), it shall be a condition thereof, in addition to the provisions contained in Section 1203.097, that he or she be imprisoned in a county jail for not less than 15 days. (2) If the defendant has suffered two or more prior convictions within the previous seven years for a violation of any offense specified in subdivision (e), it shall be a condition of probation, in addition to the provisions contained in Section 1203.097, that he or she be imprisoned in a county jail for not less than 60 days. (3) The court, upon a showing of good cause, may find that the mandatory imprisonment required by this subdivision shall not be imposed and shall state on the record its reasons for finding good cause.
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A nation of sheep, breeds a government of wolves! |
#332
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#333
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#334
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The Feds were granted an extension to file response to SAC. The new deadline is 10/03/11.
http://docs.justia.com/cases/federal...911/215824/31/ |
#335
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Last edited by anthonyca; 09-27-2011 at 4:05 PM.. |
#336
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Hopefully the delay is because they are sinking fast. I read in another thread, that upon a favorable outcome in this case, that it would only affect people within the Eastern District Federal Court. I was under the impression that because this a federal matter, it affects the entire United States of America. Is anyone able to clarify the validity of this? |
#337
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Federal Court rulings are only binding in their own jurisdiction. A ruling in the eastern District of CA is binding in that District. A ruling in the 9th Circuit Court of Appeals covers the 9th Circuit.
Only the US Supreme Court issues rulings that directly impact the entire United States. |
#339
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-Gene
__________________
Gene Hoffman Chairman, The Calguns Foundation DONATE NOW to support the rights of California gun owners. Follow @CalgunsFdn on Twitter. Opinions posted in this account are my own and not the approved position of any organization. I read PMs. But, if you need a response, include an email address or email me directly! "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon
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#341
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Thanks for the clarification.
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#342
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There should be a law, that the court has to tell you about Lautenburg, before you are sentenced! No one in the judicial system told me any thing about a "life time ban"! Probation and the court, both said 10 years!
No one said any thing about life time!
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A nation of sheep, breeds a government of wolves! |
#343
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He was the soldier of the year for his battalion and had never even had a speeding ticket or any contact with the police. He has never had any negative police contact in the 14 years since. |
#344
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#348
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You have 20 yrs., since your dv, correct?
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#349
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it sounds like the feds link all d.v. cases together regardless of the situations! I truly feel for anyone who is dooped into taking a plea deal due to lack of finances for a lawyer, or who have bogus charges thrown on them! cause knowing first hand one and only one time will ruin you for "LIFE"
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#353
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I would like to see someone try this misterious and elusive restoration process the Feds say exists. They should at least have to give us proof of anyone using this process.
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#354
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That was an interesting brief - thanks.
It seems part of the argument turns, in the minds of the US team, on loss of rightS vs loss of (one) right. Apparently, if one did not also lose the right to vote, serve on juries, and hold public office at the same time as losing the right to own and possess firearms, then it was not your rightS that were restored by any California mechanism. And therefore, one remains Federally disabled.
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[Carol Ann voice]The Legislature is baaa-ack .... [/Carol Ann voice] There is no value at all complaining or analyzing or reading tea leaves to decide what these bills really mean or actually do; any bill with a chance to pass will be bad for gun owners. The details only count after the Governor signs the bills. Not a lawyer, just Some Guy On The Interwebs. ![]() |
#355
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"There are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations." -- James Madison, speech at the Virginia Ratifying Convention, 1788 Our government went from saying that the second amendment was not a right, to saying that as long as they take one right at a time nothing is wrong. |
#356
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7x57
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![]() What do you need guns for if you are going to send your children, seven hours a day, 180 days a year to government schools? What do you need the guns for at that point?-- R. C. Sproul, Jr. (unconfirmed) |
#360
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Is there some way to take this to court to get your 'gun rights' restored? Is the procedure done in a Federal or California court as the feds seem to say "California can't restore what they didn't take away" |
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