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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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  #1  
Old 05-20-2014, 3:43 PM
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Default Doe v. Harris (COE+FFL03 1-30 exemption challenge)

Doe v. Harris case files at: http://www.calgunsfoundation.org/lit.../doe-v-harris/

Case History

5/20/14: Complaint

6/9/14: Motion for Preliminary Injunction and Memorandum of Points and Authorities in support of Motion for Preliminary Injunction

6/9/14: Request for Judicial Notice in support of Motion for Preliminary Injunction

6/9/14: Declaration of Alvin Doe in support of Motion for Preliminary Injunction

6/9/14: Declaration of Paul Gladden in support of Motion for Preliminary Injunction

6/9/14: Declaration of Dr. Ken Lunde in support of Motion for Preliminary Injunction

6/24/14: Defendants' Memorandum of Points and Authorities in Opposition to Plaintiffs' Motion for Preliminary Injunction

6/24/14: Defendants' Written Objections to Plaintiffs' Evidence in support of Motion for Preliminary Injunction

6/24/14: Defendants' Request for Judicial Notice in support of Defendants' Opposition to Motion for Preliminary Injunction

6/24/14: Declaration of Jeffrey Rich in support of Defendants' Opposition to Motion for Preliminary Injunction

6/24/14: Declaration of Stephen J.Lindley (DOJ BoF) in support of Defendants' Opposition to Motion for Preliminary Injunction

6/30/14: Plaintiffs’ Reply in support of Motion for Preliminary Injunction

7/7/14: Pursuant to Local Rule 1.06 (A), the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative rulings for the department may be downloaded from the Court's public access site.

7/8/14: Hearing on Plaintiffs' Motion for Preliminary Injunction set for 2 p.m. at Sacramento Superior Court (Dept. 53), 800 9th St Sacramento, CA 95814

###

California Gun Owners Ask Court to Block DOJ Gun Control Policy

(Sacramento, CA – June 11, 2014) – Two California gun owners, Paul Gladden and “Alvin Doe”, have filed for an injunction against defendants Attorney General Kamala Harris and Department of Justice Bureau of Firearms chief Stephen Lindley seeking to prevent them from enforcing a policy that denies the sale of handguns to licensed and background-checked Californians...

###

Kamala Harris Sued Over New Handgun Purchase Ban

(Sacramento, CA - May 20, 2014) – California Attorney General Kamala Harris continues to substitute anti-gun policies for black letter law, say California gun rights groups The Calguns Foundation (CGF) and California Association of Federal Firearms Licensees (CAL-FFL). In a new lawsuit filed today against the state’s highest law enforcement officer and Department of Justice firearms bureau chief Stephen Lindley, plaintiffs Alvin Doe–who is using a fictitious name to protect their privacy due to a fear of criminal prosecution and retaliation–and Paul Gladden say that “the DOJ’s new [handgun] enforcement policy is contrary to the plain language” of the law.
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Old 05-20-2014, 3:45 PM
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sweet
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Old 05-20-2014, 3:48 PM
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Awesome!
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"It wasn't a failure of laws," said Amanda Wilcox, who along with her husband, Nick, lobbies for the California chapter of the Brady Campaign to Prevent Gun Violence. "I just don't see how our gun laws could have stopped something like that."
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Old 05-20-2014, 3:51 PM
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Excellent.
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Old 05-20-2014, 3:56 PM
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Hell yes. Go getem boys

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Old 05-20-2014, 4:09 PM
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Worse AG evaaaaaah!!! (personally can't really qualify that but it was fun to say and it shouldn't be a terrible guess)
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Old 05-20-2014, 4:11 PM
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Is there any attempt to get the whole 1 in 30 thrown out as unConstitutional for everyone?
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Old 05-20-2014, 4:20 PM
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She's hotter than a June bride riding bare back on a hot August night
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Old 05-20-2014, 4:43 PM
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Quote:
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Is there any attempt to get the whole 1 in 30 thrown out as unConstitutional for everyone?
The filing of that case will likely rest on the outcome of Silvester v. Lindley.
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Old 05-20-2014, 5:03 PM
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The "press release" could use a little more plain English, it's barely readable.
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Old 05-20-2014, 5:26 PM
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Quote:
Originally Posted by FABIO GETS GOOSED!!! View Post
The "press release" could use a little more plain English, it's barely readable.
I'm still waiting for your fee agreement.

-Brandon

P.S. Based on feedback, it seems pretty readable to most. Perhaps you might offer meaningful suggestions with some specifics.
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Old 05-20-2014, 5:40 PM
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....and another bad law bites the dust.
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Old 05-20-2014, 6:12 PM
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She's hotter than a June bride riding bare back on a hot August night
You and Willie Brown might think so, however I strongly disagree
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Old 05-20-2014, 6:22 PM
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If you need another plaintiff, PM me. I have both a FFL 03 and a COE. In less than two weeks I plan to purchase two non-C&R handguns and I have a strong feeling I will be denied under this new underground regulation of our AG. I live very close to Sacramento also.
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Old 05-20-2014, 6:22 PM
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so i assume this will take the standard 3+ years before we actually see a result.
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Old 05-20-2014, 6:25 PM
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Excellent. More www.shop42a.com orders inbound.
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Old 05-20-2014, 6:28 PM
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It's going to be interesting to see whether we get the preliminary injunction. The real test of how far we've advanced is the ability to *prevent* bad laws and arbitrary regulation from taking effect - that is by far the best deterrent for future violations.

In this case it's the backdoor regulation that goes against the plain language of the statute, so it should be straightforward. Let's see what happens.
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Old 05-20-2014, 6:30 PM
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Quote:
Originally Posted by wildhawker View Post
Perhaps you might offer meaningful suggestions with some specifics.
"plaintiffs Alvin Doe–who is using a fictitious name to protect their privacy due to a fear of criminal prosecution"

Seems like some disagreement there.
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Old 05-20-2014, 6:34 PM
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Default Doe v. Harris (COE+FFL03 1-30 exemption challenge)

Quote:
Originally Posted by FABIO GETS GOOSED!!! View Post
The "press release" could use a little more plain English, it's barely readable.
I don't know if I'd go quite this far -- especially if it means agreeing with a post that uses a heinous comma splice -- but virtually all of the CGF + CAL-FFL press releases could certainly stand a sharp copy edit for style, tone, and (occasionally) the whole grammar-spelling-punctuation thing.


Quote:
Originally Posted by Tincon View Post
"plaintiffs Alvin Doe–who is using a fictitious name to protect their privacy due to a fear of criminal prosecution"

Seems like some disagreement there.
Just one valid example. This error is everywhere nowadays, but a good editor fixes it.

However, in regards to the lawsuit itself: Go get 'em.
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Old 05-20-2014, 6:51 PM
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Glad we're focusing on the important things like grammar and pronoun matching. Clearly someone who doesn't write great press releases is incapable of doing anything useful.
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Old 05-20-2014, 6:56 PM
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This is why I am a calguns contributor. For those commenting on how this is so "awesome" and I hope that you all are too...
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Old 05-20-2014, 7:02 PM
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This is why I am a calguns contributor. For those commenting on how this is so "awesome" and I hope that you all are too...
I hope you understand the difference between CGF/CGN.
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Old 05-20-2014, 7:03 PM
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Quote:
Originally Posted by dantodd View Post
Glad we're focusing on the important things like grammar and pronoun matching. Clearly someone who doesn't write great press releases is incapable of doing anything useful.
Sorry -- I didn't think there was much to discuss regarding the actual lawsuit, since it looks like a slam-dunk on the merits.
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Old 05-20-2014, 7:05 PM
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I'll be glad to accept the fault and apologize for any errors in the news release. To the extent that there are issues with the release, the fault is mine alone and I am sorry.

Now, should any of you editors or quasi-editors have the room to lend a hand from time to time, please let me know.

-Brandon
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Old 05-20-2014, 7:06 PM
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Quote:
Originally Posted by dantodd View Post
Glad we're focusing on the important things like grammar and pronoun matching. Clearly someone who doesn't write great press releases is incapable of doing anything useful.
well, until the case files are released, there isn't much to talk about.
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Old 05-20-2014, 7:08 PM
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Quote:
Originally Posted by Tincon View Post
"plaintiffs Alvin Doe–who is using a fictitious name to protect their privacy due to a fear of criminal prosecution"

Seems like some disagreement there.
Genuine question: Would "his or her" have been more correct? Thanks for pointing this out.

-Brandon
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Old 05-20-2014, 7:13 PM
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Awesome.
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Old 05-20-2014, 7:15 PM
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Quote:
Originally Posted by wildhawker View Post
Genuine question: Would "his or her" have been more correct? Thanks for pointing this out.

-Brandon
well, since you used a masculine name, I'd assume you'd use his. Is there a gender-neutral Doe that is normally be used court pleadings when the gender is being hidden or unknown?
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Old 05-20-2014, 7:18 PM
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Quote:
Originally Posted by wildhawker View Post
Genuine question: Would "his or her" have been more correct? Thanks for pointing this out.

-Brandon
"His" seems fine to me, but that's a PC issue not a grammar issue.

You could also say (instead):

A new lawsuit was filed today against the state’s highest law enforcement officer, California Attorney General Kamala Harris, as well as Department of Justice firearms bureau chief Stephen Lindley. Plaintiffs include Alvin Doe–who is using a fictitious name for privacy due to fears of criminal prosecution and retaliation–and Paul Gladden who says that “the DOJ’s new [handgun] enforcement policy is contrary to the plain language” of the law.

This clears up a number of issues including a run-on sentence, confusion over who is the "state’s highest law enforcement officer," your pronoun issue, and a quote which was inexplicably uttered by two different people.

Quote:
Originally Posted by wildhawker View Post
I'll be glad to accept the fault and apologize for any errors in the news release. To the extent that there are issues with the release, the fault is mine alone and I am sorry.

Now, should any of you editors or quasi-editors have the room to lend a hand from time to time, please let me know.

-Brandon
Anytime, you have my email.
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Last edited by Tincon; 05-20-2014 at 7:22 PM..
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Old 05-20-2014, 7:18 PM
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Quote:
Originally Posted by wildhawker View Post
Genuine question: Would "his or her" have been more correct? Thanks for pointing this out.

-Brandon
"his or her" would be correct.
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Old 05-20-2014, 7:18 PM
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Quote:
Originally Posted by wildhawker View Post
I'll be glad to accept the fault and apologize for any errors in the news release. To the extent that there are issues with the release, the fault is mine alone and I am sorry.

Now, should any of you editors or quasi-editors have the room to lend a hand from time to time, please let me know.

-Brandon
I'm aware of your bit of sarcasm. However, you should not have apologized.

Being a fence sitter in all this, the crtisizm (lol) wasn't warranted.
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Old 05-20-2014, 7:41 PM
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Quote:
Originally Posted by wildhawker View Post
Genuine question: Would "his or her" have been more correct? Thanks for pointing this out.

-Brandon
Genuine answer, his is the proper gender neutral singular possessive pronoun. Actual answer, their is growing in acceptance as the gender neutral singular possessive although it is properly only used as a plural.
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Old 05-20-2014, 7:42 PM
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Quote:
Originally Posted by strongpoint View Post
Sorry -- I didn't think there was much to discuss regarding the actual lawsuit, since it looks like a slam-dunk on the merits.
One would hope so. Actually, on the merits it is a slam-dunk, now we have to hope the judge will find on the merits.
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Old 05-20-2014, 7:49 PM
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Quote:
Originally Posted by wildhawker View Post
I'll be glad to accept the fault and apologize for any errors in the news release. To the extent that there are issues with the release, the fault is mine alone and I am sorry.

Now, should any of you editors or quasi-editors have the room to lend a hand from time to time, please let me know.

-Brandon
Brandon-

First off, thanks to you, CAL-FFL and the CalGuns Foundation for bringing this lawsuit on behalf of the qualified and properly licensed members of this forum. I too would like to see the 1 in 30 restriction abolished for ALL gun owners. This is why I support these groups financially.

Anytime you need assistance with a press release, feel free to contact me. I have over two decades of press and media experience in Government and the private sector and would be very proud to assist in any way possible.

Cheers!
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Old 05-20-2014, 7:50 PM
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Why are we worrying about this his her malarkey? Stop being so critical.

KH is breaking the law, imposing her own BS agenda and imposing on our rights. RESOLVING that should be the where the effort should be directed, not critizinging Mr. B.

damn Gents.
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Old 05-20-2014, 7:56 PM
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Quote:
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Why are we worrying about this his her malarkey? Stop being so critical.

KH is breaking the law, imposing her own BS agenda and imposing on our rights. RESOLVING that should be the where the effort should be directed, not critizinging Mr. B.

damn Gents.
The more people tell Brandon he's wrong, the harder he tries to prove you wrong. He's stubborn like that.
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Old 05-20-2014, 7:58 PM
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Quote:
Originally Posted by GillaFunk View Post
Why are we worrying about this his her malarkey? Stop being so critical.

KH is breaking the law, imposing her own BS agenda and imposing on our rights. RESOLVING that should be the where the effort should be directed, not critizinging Mr. B.

damn Gents.
He asked for constructive criticism and he got it. Combs is a grown man who has heard far worse, he hardly needs you white knighting for him.
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Old 05-20-2014, 8:00 PM
elemenope elemenope is offline
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Sounding intelligent in the media when making an argument is important. If a quick edit by someone with PR experience helps, it helps further the cause.
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Old 05-20-2014, 8:11 PM
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A copy of the filed complaint should be available during the day tomorrow.

-Gene
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Old 05-20-2014, 8:17 PM
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Good job guys. Kick some booty!
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