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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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#1161
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Order is here: http://ia801400.us.archive.org/30/it...91444.94.0.pdf
Basically, since we can still buy "safe" guns, the roster doesn't burden the second amendment. Step two is not triggered. An individual's preference for a particular firearm was judged as out-weighed by the state's authority to ensure "safe guns", and since a few 100K of new guns were bought last year, the judge thinks we're lucky enough to be able to chose from those available. B!tch. I think her speech needs to be restricted to a quill and parchment. Maybe she'll do less damage to the country then.
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Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves. - William Pitt |
#1162
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Quote:
I hope the SCOTUS next case determines either "Keep & Bear" or "Shall NOT be Infringed". How can ANY LIST not infringe on the ability to choose if your choice is NOT on the list? |
#1163
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that sucks.
only took 5.5 years to get through the district court. at least we can now appeal.
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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. |
#1165
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The Judge said regarding the 14th amendment argument:
"Law enforcement personnel shoulder a duty to ensure public safety and thus assume different responsibilities, risks, and rights." It appears that Miller v. DC contradicts this by stating that Law Enforcement has NO OBLIGATION to Protect anyone. Her contention that LE have different rights supports a 14th Amendment violation of a "special class of citizen". |
#1170
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Haven't read it fully yet, but note the judge _in effect_ said via ruling...
1. that one Pena plaintiff does NOT have the right to have the specific gun that the US Supremes said that Dick Heller could have. 2. conficts with the vigorous essentially near-strict scrutiny ruling in Sylvester Onward and upward.
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Bill Wiese San Jose, CA CGF Board Member / NRA Benefactor Life Member / CRPA life member
No postings of mine here, unless otherwise specifically noted, are to be construed as formal or informal positions of the Calguns.Net ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my employer. No posts of mine on Calguns are to be construed as legal advice, which can only be given by a lawyer. |
#1172
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I find it interesting that Judge Mueller cited both Heller and Peruta quite extensively in this judgment. It's obvious that she completely missed the point of both of those rulings, which should make the arguments at the 9th Circuit pretty entertaining.
Also, is it just me or did anyone else catch a reference early in the judgment about "over 1,000" handguns being available, while she later cited the 700+ that were available as of earlier this month? By the time they're ready for orals at the 9th Circuit that number will be even lower and will further highlight what is the obvious goal of the UHA - a gradual but near total ban on handguns within the borders of California. Now I just need to stock up on about 4-5 years' worth of popcorn... |
#1173
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Also
Quote:
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
#1174
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CGF's statement on the decision is here: https://www.calgunsfoundation.org/20...ndment-rights/
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Brandon Combs I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead. My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer. |
#1176
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Sad that written rights continue to suffer in America
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LIVE FREE OR DIE! M. Sage's I have a dream speech; |
#1177
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Given that I'd expect this case to move on to the 9th Circuit no matter what, #1 there looks like a very useful gift to us when the case gets argued on appeal. I'd say that the judge shot herself in the foot, but how could that be possible with a not-unsafe handgun?
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#1180
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Well, at least that part is over with, and it can now proceed to CA9.
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DiaHero Foundation - helping people manage diabetes. Sending diabetes supplies to Ukraine now, any help is appreciated. DDR AK furniture and Norinco M14 parts kit: https://www.calguns.net/calgunforum/....php?t=1756292 |
#1182
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Isn't this a lie?
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#1183
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It's going to be a waiting game. It has been a waiting game. It will continue to be a waiting game. I'm going to donate to CGF to fight but I'm not going to worry about it. |
#1184
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This ruling reminds me of Animal Farm. "All animals are equal, but some are more equal than others."
California "animals" have access to 700 or so "safe" (outdated) guns, while most of the greater US "animals" have access to the whole gamut of handguns. |
#1186
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Disappointing, but not totally unexpected, given the state of the judiciary.
It never ceases to amaze me the "logic" that certain judges will use to support their predetermined decision. I don't see how someone can twist the intent and language of Heller and Peruta to support the position that the Roster DOES NOT infringe on the rights guaranteed by the 2nd amendment. It's akin to using a globe and images from space as support for the argument that the earth is flat. Ridiculous! |
#1187
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The amount of idiocy, ignorance and just plain arrogance in this decision is staggering. In this judge's eyes having a toy box full of toys, taking four out and telling a kid you can only at with these four is NOT limiting the kid's access to the toy box.
It's beyond idiocy and in to just plain blatant stupid. And the sad part is that we've been delayed, stayed, put off and too often given this kind of moronic decision that the first response is 'Yeah, kind of expected that. Now we can try at a higher court. ' We have no choice but to keep going up the ladder but it's sad and wrong that we have come to a point of assuming and accepting that we will have to.
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NRA Benefactor Life Member / CRPA Life Member / SAF Life Member Calguns.net an incorported entity - President. The Calguns Shooting Sports Assoc. - Vice President. The California Rifle & Pistol Assoc. - Director. DONATE TO NRA-ILA, CGSSA, AND CRPAF NOW! Opinions posted in this account are my own and unless specifically stated as such are not the approved position of Calguns.net, CGSSA or CRPA. Last edited by Kestryll; 02-26-2015 at 1:30 PM.. Reason: iPhones suck to type on |
#1188
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Onward to the CA9.
Expect several years of "c'mon, this was already settled by a lower court, let's not burden our poor overworked judges in the Ninth to get the same ruling" motions by the State of CA.
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"Prohibit the peasants from owning katanas, wakizashis, arrows, spears, or matchlock rifles. If the peasants are armed, they will not pay nengu (taxes) and they will not be subordinate to the officials." Toyotomi Hideyoshi's Sword Hunt Edict of 1588, establishing the class division between the peasants (commoners) and the samurai (the governing elites). |
#1189
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After reading the ruling it seems that the 2nd amendment claim was denied because the Plaintiffs could't show actually infringement/harm at this stage. In 5 years, when no microstamping handguns are manufactured and the number of handguns on the roster has precipitously declined, then the same claim will be much easier to make. I have a feeling that even SCOTUS would agree that although the 2nd amendment guarantees a right to self defense in and outside the home, we do not have a right to own whatever handgun we want. We have a right to own a handgun, but not any handgun. That said, enforcing microstamping at this point is clearly not based on safety but on restriction and would be struck down.
The 14th Amendment denial is much scarier. No limit to the special rights and privileges granted to law enforcement is mentioned. The ruling basically states 'they are law enforcement, they are special, so, in effect, the 14th amendment doesn't apply'
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--- As of 10/10 the Governor has 121 bills left on his desk to sign or veto by 10/13. |
#1190
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Damn.
On to the 9th Circuit!!
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Better Way to Search CalGuns - https://www.google.com/cse/home?cx=0...78:pzxbzjzh1zk CA Bill Search - https://leginfo.legislature.ca.gov California Rifle and Pistol Association - http://crpa.org/ Sacramento County Sheriff Concealed Carry Info - Search 'Concealed Weapons Permit Information Sacramento' Second Amendment Foundation - http://www.saf.org Animated US Map Showing Progress of Concealed Carry Laws 1986 to 2021 http://www.gun-nuttery.com/rtc.php |
#1194
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So it took that stupid b!ch almost 9 months for this? And when I read the police should be entitled to have off roster guns because their job of public service requires them to have more "potent" handguns, I threw up in my mouth a little.
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#1195
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Quote:
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
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Brandon Combs I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead. My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer. |
#1198
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From the order:
Quote:
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#1199
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There should be repercussions for judges who get overruled by a higher court.
If they aren't sufficiently versed in the law and/or are applying bias in their decision, then they should be removed from their position. Otherwise, what concerns do they have applying bias in their judgement? They can decide w/ impunity. Absolute power corrupts absolutely. |
#1200
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The Constitution is not "the Supreme Law of the Land, except in the face of contradicting law which has not yet been overturned by the courts". It is THE SUPREME LAW OF THE LAND, PERIOD. You break your oath to uphold the Constitution if you don't refuse to enforce unadjudicated laws you believe are Unconstitutional. The real world laughs at optimism. And here's why. |
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