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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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Turner's Operations v. Garcetti, LA Superior Court - Gun store closures
A gun rights group is suing the city of Los Angeles, arguing that an order that shuttered stores that sell firearms during the COVID-19 pandemic is unconstitutional and preempted by state law.
The lawsuit, whose plaintiffs include the California Rifle & Pistol Assn. and stores selling firearms in the San Fernando Valley, states that although Mayor Eric Garcetti did not expressly name gun stores in his written order, both Garcetti and City Atty. Mike Feuer have stated that they must close and the police department has ordered them to shut down. The rifle group argues that the move defies a state order allowing workers from “critical infrastructure sectors” to continue working. In addition, the plaintiffs contend that the L.A. order violates the California state constitution by depriving licensed dealers of the ability to operate without “due process of law” and keeping buyers from their “lawfully purchased property.” https://www.latimes.com/california/s...n-rights-group Complaint: https://ca-times.brightspotcdn.com/c.../riflesuit.pdf Last edited by FirearmFino; 04-05-2020 at 11:47 AM.. |
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AFAIK there is literally only one gun store left in the city of Los Angeles
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The Rifle on the Wall "“[S]cientific proof” of both gun-rights and gun-control theories “is very hard to get”; therefore, requiring “some substantial scientific proof to show that a [firearm] law will indeed substantially reduce crime and injury” is tantamount to applying strict scrutiny to, and almost certainly will lead to invalidation of, the law." - Kamala Harris Lawyers and their Stockholm Syndrome |
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https://www.calguns.net/calgunforum/....php?t=1884858 |
#4
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In the paperwork for the other lawsuit, an LA gun unit detective I believe said 18.
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My Adventures |
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I could be wrong.
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The Rifle on the Wall "“[S]cientific proof” of both gun-rights and gun-control theories “is very hard to get”; therefore, requiring “some substantial scientific proof to show that a [firearm] law will indeed substantially reduce crime and injury” is tantamount to applying strict scrutiny to, and almost certainly will lead to invalidation of, the law." - Kamala Harris Lawyers and their Stockholm Syndrome |
#6
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Very possible you’re right.
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My Adventures |
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#8
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#9
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Thanks for the link. Looks like this is in state court.
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My Adventures |
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At today’s L.A. mayor covid briefing, city attorney feuer stated that today they successfully warded off a legal challenge to the non-essential status of gun stores. I presume he was referring to this case. Does anyone have additional information or updates?
Last edited by ngnrnlo; 04-14-2020 at 6:04 PM.. |
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The press release has been posted by the City Attorney’s office. I’m not going to link to it. The Request for Temporary Restraining Order has been denied.
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DISCLAIMER: The information contained herein is general in nature, which may not apply to particular factual or legal circumstances, and is intended for informational purposes only. Consistent with Calguns policy, the information does not constitute legal advice or opinions and should not be relied upon as such. Transmission of the information is not intended to create an attorney-client relationship. Readers should not act upon any information in my posts without seeking professional counsel. |
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This is City of L.A.
So at this point multiple judges have decided that it is ok to deny the right to self defense, ESPECIALLY since the only legal way to purchase ammunition is at a gun store. |
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It's really disheartening to see these. It infuriates me. Our founding fathers would have risen up in arms. But these days...that would never be allowed to hold those accountable.
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Greater love hath no man than this, that a man lay down his life for his friends. John 15:13 ______________________________________ USMC OEF Veteran |
#18
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"Public Safety" is the bludgeon that the Marxists use to negate the Bill of Rights, in their mind "Public Safety" is the catchall for suspending the Bill of Rights when ever they feel like it, an honest Court would stop this nonsense as we might as well reestablish the British Monarchy in the former Colonies. If they taught real American History in our schools, every citizen would standup and demand the Bill of Rights be held to Strict Scrutiny.
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"The California matrix of gun control laws is among the harshest in the nation and are filled with criminal law traps for people of common intelligence who desire to obey the law." - U.S. District Judge Roger T. Benitez Last edited by Californio; 04-16-2020 at 12:44 PM.. |
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Agree 100%.
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If we can invent the concept of "Strict Scrutiny" and call it the law of the land, perhaps we can invent another form of interpretation. Somebody else here proposed an amendment to the 2nd: add "under penalty of death" to it. Call it "we really mean it" scrutiny. Heller directly addresses this early on in the text of the discussion. Scalia certainly knew that "strict scrutiny" was a bunch of extra-constitutional nonsense made up as a wartime expedient, but did not want to collapse that whole house of cards. Too much work. So he made it clear that no level of scrutiny was required for the decision. Which is obvious, but apparently needed to be stated. This theme of stating the obvious has continued. The McDonald and Caetano cases reflect on this theme. As do the Raisin Board cases. It is my expectation that the forthcoming resolution to the clot of 2nd cases in the court will proceed by restating the obvious and clear meaning and reasoning of the 2nd. The gun grabbers will flip out -- of course. But the ruling will follow another theme and make it clear that if the plain meaning of the text can be argued and swept away by fancy logic, then the same applies for the emanations and penumbras. There will be a thinly veiled warning about abortion (and lots of other tenuous "rights") in the rulings that are coming. We can only hope so.
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What about the 19th? Can the Commerce Clause be used to make it illegal for voting women to buy shoes from another state? |
#22
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I am afraid we as a people talk a lot but are not being heard. I am thinking we should be persuing this possibly through the US DOJ? Then after everything is exhausted....
Right now we are a bunch of fools )myself included) asking our masters to rule for us so we can protect ourselves. It is ridiculous |
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Opposition to Plaintiffs’ Ex Parte Application for a Stay or Temporary Restraining Order and Order to Show Cause
Declaration of Jonathan H. Eisenman in Opposition to Plaintiffs’ Ex Parte Application for a Stay or Temporary Restraining Order and Order to Show Cause Declaration of Paul Simon, M.D., M.P.H. in Opposition to Plaintiffs’ Ex Parte Application for a Stay or Temporary Restraining Order and Order to Show Cause Supplemental Declaration of Bill Ortiz in Support of Ex Parte Application to Stay Enforcement of Los Angeles Order Requiring Firearm Dealers to Close or Alternatively, for Temporary Restraining Order and Order to Show Cause Notice of Ruling on Ex Parte Application Notice of Trial Setting Conference |
#25
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Boo F'n Hoo for Turdner's. When they are open for business. They have absofreak'nlutely no problem doing exactly the same thing to their customers who have the ill fortune to be listed as "undetermined status" by DOJ. By illegally refusing to complete transfers, as mandated in Ca PC-28220[f][4]. |
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