NAGR v. San Jose [2/16 MOTION to Dismiss Plaintiffs' Complaint, see post #72]

[sfpcservice]

Originally Posted by Foothills

Since I posted this comment, I did the Real ID application. With an appointment, and pre-approved documents, I was in and out of the DMV in 8 minutes.

Imagine a PPT/DROS, which uses the same documents, being completed that fast.

Same, the key to DMV is an appointment and have your documents in order.

[abinsinia]

Originally Posted by Foothills

Since I posted this comment, I did the Real ID application. With an appointment, and pre-approved documents, I was in and out of the DMV in 8 minutes.

Imagine a PPT/DROS, which uses the same documents, being completed that fast.

did you just take pictures and that was it ?

[rewireroy]

Originally Posted by abinsinia

did you just take pictures and that was it ?

You do the whole new ID thing. You fill out a DL form, show your birth certifficate and social security proof, submit two pieces of proof of address, take a picture and possibly take the written test if required.

[homelessdude]

And you did all that in 8 minutes?

[Silence Dogood]

Originally Posted by Foothills

Since I posted this comment, I did the Real ID application. With an appointment, and pre-approved documents, I was in and out of the DMV in 8 minutes.

Imagine a PPT/DROSFFL sale, which uses the same no documents, being completed that fast.

FIFY

What documents must one use to speak her mind in public or to avoid making self-incriminating statements or to freely practice religion? None obviously because these behaviors are protected by the Bill of Rights.

The SCOTUS just stated plainly in the NYSRPA v. Bruen decision that the Second Amendment should not be a second class directive of the BoR. Therefore, no documents should be required to legally buy/sell/use arms*. Period.

Thus in your hypothetical, “that fast” seems pretty slow. Outside of maybe haggling over price, eight minutes seems kind of long if simply exchanging consideration (money) for a product (gun) that is being legally sold by one party to another. Such a transaction should take mere moments.

[robertfchew]

Originally Posted by Silence Dogood

FIFY

What documents must one use to speak her mind in public or to avoid making self-incriminating statements or to freely practice religion? None obviously because these behaviors are protected by the Bill of Rights.

The SCOTUS just stated plainly in the NYSRPA v. Bruen decision that the Second Amendment should not be a second class directive of the BoR. Therefore, no documents should be required to legally buy/sell/use arms*. Period.

Thus in your hypothetical, “that fast” seems pretty slow. Outside of maybe haggling over price, eight minutes seems kind of long if simply exchanging consideration (money) for a product (gun) that is being legally sold by one party to another. Such a transaction should take mere moments.

\\

That's how I feel now. I no longer agree with any gun laws. Criminals that want them already have them so why are we creating more infringements that only punish good people? Also no politician should be given armed protection since 99% of them are anti gun. They need to start living by their own supposed beliefs.

[abinsinia]

Motion to dismiss was partial granted partly denied,

https://storage.courtlistener.com/re...91018.81.0.pdf

most of it was dismissed, but she gave leave to amend on most it also.

[Foothills]

Originally Posted by abinsinia

did you just take pictures and that was it ?

Yes, you can take pictures with your phone and upload them to the DMV web site for Real ID. Then that team pre-approves the documents. When you come into the office, the clerk doesn't second-guess the pre approval, they just verify that the documents are the same.

Take your picture and you're on your way.

[Foothills]

Originally Posted by Silence Dogood

FIFY
Outside of maybe haggling over price, eight minutes seems kind of long if simply exchanging consideration (money) for a product (gun) that is being legally sold by one party to another. Such a transaction should take mere moments.

Yes, I'm sure that black-market sales between gang members are very efficient as you describe.

I've decided that I don't mind that a person I sell something to passed a basic background check.

The point is that the Real ID uses the SAME documents as a PPT Dros, and it completed much more efficiently. Merely comparing the efficiency of two processes.

[Texas Boy]

Did anyone else see this, San Jose City council approved fines up to $1000 for non compliance with their gun insurance and gun owner fees. https://www.kron4.com/news/gun-owner...ese-big-fines/

Slightly off topic, but on a more positive note, anyone remember when Kevin De Leon was in the Senate pushing all kinds of anti gun hate? Nice to see he is showing his true colors and the chickens are coming home to roost! https://youtu.be/jtgp2LSULg4

[SilverBandit]

It was also in yesterdays SJ Mercury News - I didn't get a chance to read yet

[Lanejsl]

Does anyone know what's happening with the court case? It it getting appealed?

[abinsinia]

Originally Posted by Lanejsl

Does anyone know what's happening with the court case? It it getting appealed?

I posted an update in #47 .. The case is still happening, but parts of it got dismissed.

[Silence Dogood]

Originally Posted by Foothills

Yes, I'm sure that black-market sales between gang members are very efficient as you describe.

I've decided that I don't mind that a person I sell something to passed a basic background check.

The point is that the Real ID uses the SAME documents as a PPT Dros, and it completed much more efficiently. Merely comparing the efficiency of two processes.

The point is that the position you are taking is a factor of and of benefit solely to the anti-gun agenda.

I do not advocate criminality or black market dealings. I do advocate for the free and unrestricted commerce of arms in this country because I recognize that it was in no way illegal (racist gun laws like the slave-codes and black-codes notwithstanding) until the gun control movement of the past <90 years.

Wake up. Like you, I once allowed myself to be brainwashed into agreeing with “basic background checks” by the anti-gun environment that we are saturated by here in CA

Buying a hammer at the hardware store requires no paperwork and is not constitutionally protected, though hammers kill Americans every year. It is not black market. It is free market.

[Foothills]

Originally Posted by Silence Dogood

Buying a hammer at the hardware store requires no paperwork and is not constitutionally protected, though hammers kill Americans every year. It is not black market. It is free market.

Yes, I know someone who was murdered with a hammer.

I also know domestic violence victims and victims of muggings.

This is not an abstract theory for me.

If I'm selling a firearm, I'm going to feel much better if the purchaser passes a background check.

[taperxz]

Originally Posted by Foothills

Yes, I know someone who was murdered with a hammer.

I also know domestic violence victims and victims of muggings.

This is not an abstract theory for me.

If I'm selling a firearm, I'm going to feel much better if the purchaser passes a background check.

Right, because a person passing a background check isn’t planning a crime ahead of time, passes a background check because they haven’t been caught for 5 previous murders compared to the guy who got busted with weed at 17, has a 10 year ban slapped on him from owning firearms but recently got married, bought a house, no longer uses weed and makes seven figures working for an investment firm.

Background checks don’t prevent crime They just make YOU feel good

[Offwidth]

Originally Posted by Foothills

If I'm selling a firearm, I'm going to feel much better if the purchaser passes a background check.

Your feelings don't prevent anything.

[Thoughts]

Originally Posted by Foothills

If I'm selling a firearm, I'm going to feel much better if the purchaser passes a background check.

You're free to put it on consignment at an FFL. Doesn't that lead to a mandatory background check?

[Redeyedrider]

Originally Posted by Foothills

Yes, I know someone who was murdered with a hammer.

......

If I'm selling a firearm, I'm going to feel much better if the purchaser passes a background check.

So from this we should deduce that you are in favor of background checks to buy hammers???

[curtisfong]

Originally Posted by Redeyedrider

So from this we should deduce that you are in favor of background checks to buy hammers???

If something makes him feel better, clearly it is a required law.

[abinsinia]

STATUS REPORT ON IMPLEMENTATION OF THE GUN HARM REDUCTION ORDINANCE by City Of San Jose, City of San Jose City Council, Jennifer Maguire. (Prevost, Tamarah) (Filed on 1/6/2023) (Entered: 01/06/2023)

https://storage.courtlistener.com/re...91018.85.0.pdf

[abinsinia]

Here's the bigdingo.com entry they filed.

https://www.biddingo.com/*.main?_bid...w1ak0r4A%3D%3D

... experience with gun violence prevention, suicide prevention, gun safety, or the firearm industry; or lived experience that includes gun violence.

Some services you may get,

Addiction intervention and substance abuse treatment;

[abinsinia]

MOTION to Remand filed by George Arrington, James Barry, Howard Jarvis Taxpayers Association, Silicon Valley Public Accountability Foundation, Silicon Valley Taxpayers Association, Inc.. Motion Hearing set for 4/6/2023 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 1/24/2023. Replies due by 1/31/2023. (Attachments: # 1 Declaration Declaration of Timothy Bittle in Support of Plaintiffs' Motion to Remand, # 2 Proposed Order [Proposed] Order Granting Motion and Remanding Case to State Court)(Bittle, Timothy) (Filed on 1/10/2023) (Entered: 01/10/2023)

https://storage.courtlistener.com/re...91018.86.0.pdf

HOWARD JARVIS TAXPAYERS ASSN., et al. requesting this to go to state court.

[Silence Dogood]

First ADMINISTRATIVE MOTION Extension of Time to File Amended Complaint Supporting Declaration, and [Proposed] Order to Extend Time for Filing Amended Complaint filed by George Arrington, James Barry, Howard Jarvis Taxpayers Association, Silicon Valley Public Accountability Foundation, Silicon Valley Taxpayers Association, Inc.. Responses due by 1/31/2023. (Bittle, Timothy) (Filed on 1/27/2023) (Entered: 01/27/2023)

https://www.courtlistener.com/docket...y-of-san-jose/

[abinsinia]

OPPOSITION/RESPONSE (re 90 ADMINISTRATIVE MOTION AND [PROPOSED] ORDER TO EXTEND TIME FOR FILING AMENDED COMPLAINT ) filed byCity Of San Jose, City of San Jose City Council, Jennifer Maguire. (Attachments: # 1 Declaration of Tamarah P. Prevost In Support Of Defts Opp)(Prevost, Tamarah) (Filed on 1/31/2023) (Entered: 01/31/2023)

I guess the city doesn't want the extension of time.

[abinsinia]

OPPOSITION/RESPONSE (re 90 ADMINISTRATIVE MOTION AND [PROPOSED] ORDER TO EXTEND TIME FOR FILING AMENDED COMPLAINT ) filed byCity Of San Jose, City of San Jose City Council, Jennifer Maguire. (Attachments: # 1 Declaration of Tamarah P. Prevost In Support Of Defts Opp)(Prevost, Tamarah) (Filed on 1/31/2023) (Entered: 01/31/2023)

I guess the city doesn't want the extension of time.

[abinsinia]

ORDER DENYING 90 ADMINISTRATIVE MOTION TO EXTEND TIME FOR FILING AMENDED COMPLAINT. Signed by Judge Beth Labson Freeman on 2/1/2023. (blflc2, COURT STAFF) (Filed on 2/1/2023) (Entered: 02/01/2023)

We know where the judge's head is at.

[Silence Dogood]

It is disheartening to see partisanship in the courts, especially when one has to explain it to children.

[abinsinia]

ORDER DENYING 86 MOTION TO REMAND WITHOUT PREJUDICE. Signed by Judge Beth Labson Freeman on 2/2/2023. (blflc2, COURT STAFF) (Filed on 2/2/2023) (Entered: 02/02/2023)

https://storage.courtlistener.com/re...91018.93.0.pdf


This appears to be an attempt to move it to state court, which the judge denied.

[abinsinia]

AMENDED COMPLAINT CONSOLIDATED SECOND AMENDED COMPLAINT FOR INJUNCTIVE RELIEF, DECLARATORY JUDGMENT, INVALIDATION OF §§ 10.32.215 AND 10.32.230(B) OF CHAPTER 10.32 OF TITLE 10 OF THE SAN JOSE MUNICIPAL CODE, AND NOMINAL DAMAGES against City Of San Jose, City of San Jose City Council, Jennifer Maguire. Filed byHoward Jarvis Taxpayers Association, Silicon Valley Public Accountability Foundation, Silicon Valley Taxpayers Association, Inc., Mark Sikes, James Barry, National Association for Gun Rights, Inc., George Arrington. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I)(Warrington, David) (Filed on 2/2/2023) (Entered: 02/02/2023)

https://storage.courtlistener.com/re...91018.94.0.pdf

[abinsinia]

HARMEET K. DHILLON big guns, must be hired from the tax association.

[Silence Dogood]

MOTION to Dismiss Plaintiffs' Consolidated Second Amended Complaint Under Rules 12(b) and 12(b)(6) filed by City Of San Jose, City of San Jose City Council, Jennifer Maguire. Motion Hearing set for 6/15/2023 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 3/2/2023. Replies due by 3/9/2023. (Attachments: # 1 Declaration of Tamarah P. Prevost in Support of Defendants' Motion to Dismiss Plaintiffs' Consolidated Second Amended Complaint, # 2 Proposed Order Granting Defendants' Motion to Dismiss Plaintiffs' Consolidated Second Amended Complaint Under Rules 12(b) and 12(b)(6))(Prevost, Tamarah) (Filed on 2/16/2023) (Entered: 02/16/2023)

The proposed order granting defendants’ motion:
https://storage.courtlistener.com/re...91018.96.0.pdf

[Drivedabizness]

This blows

[SpudmanWP]

That is just a proposed order from the city, not the actual order.

[Silence Dogood]

And Monday, the plaintiffs asked for more time to respond.

[abinsinia]

I think it's possible the judge grants the motion to dismiss, she's corrupt and it's clear from the PI that she's not going to decide based on Bruen.

[curtisfong]

Originally Posted by abinsinia

I think it's possible the judge grants the motion to dismiss, she's corrupt and it's clear from the PI that she's not going to decide based on Bruen.

Beth Freeman (who doesn't deserve the title "Judge") clearly thinks NSRPA v Bruen isn't binding, because her personal bias takes precedent over law.

Given this, it is likely she will copy/paste the order as is, unmodified.

Beth thinks that is her job.

[opw678w]

Originally Posted by Foothills

Since I posted this comment, I did the Real ID application. With an appointment, and pre-approved documents, I was in and out of the DMV in 8 minutes.

Imagine a PPT/DROS, which uses the same documents, being completed that fast.

Yeah, that was blind luck! I did the same thing and had a much different result. I walked into the DMV with not one but two VALID (non-REAL) drivers licenses to get my REAL ID. Had all my stuff in order for an address I've been at for 25 years. The lady takes my stuff, validates it and tell me to go over and get in line for a photo and a test. A TEST? (WTF?). I had a valid license through 2026. Nobody could figure it out. A hour later I had a new drivers license.

Just yesterday I go it to get a smog waiver (since my son has the car away at school) and none of them had seen a smog waiver form before. How dumb can they be? And of course none of them are allowed to give you stickers anymore, that has to come from "inventory" which is an altogether different window. Another 90min.

[Silence Dogood]

STIPULATION WITH PROPOSED ORDER to extend time to respond to motion to dismiss, to vacate dates and to set a case management conference filed by National Association for Gun Rights, Inc., Mark Sikes, City of San Jose, Howard Jarvis Taxpayers Association. (Attachments: # 1 Proposed Order)(Graham, Jeremiah) (Filed on 2/28/2023) Modified on 3/1/2023 (cjl, COURT STAFF). (Entered: 02/28/2023)

https://storage.courtlistener.com/re...1018.100.0.pdf

[Silence Dogood]

ORDER GRANTING 100 STIPULATION RE MOTION TO DISMISS BRIEFING AND CASE MANAGEMENT SCHEDULING ORDER AS MODIFIED BY THE COURT. Signed by Judge Beth Labson Freeman on 3/1/2023. (blflc2, COURT STAFF) (Filed on 3/1/2023) (Entered: 03/01/2023)

https://storage.courtlistener.com/re...1018.101.0.pdf