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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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#1043
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#1044
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God Bless Alan and George who are actively doing something to try to restore the Liberty we have allowed the government to take from us. What they, among others, are doing is expensive, time and life consuming. The State has unlimited resources. The state has the help of other gun grabbing states with unlimited resources. Wolfwood, please provide a method so that we can at least help out with contributions to your efforts. Thank you for fighting this fight!
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#1045
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FWIW, Peruta was heard en banc on 2015 June 16 and decided 2016 June 09, so don't be surprised if it takes them a year here too.
https://en.wikipedia.org/wiki/Peruta...n_Diego_County
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240+ examples of CCWs Saving Lives. |
#1046
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IIRC, they selected the panel despite knowing SCOTUS granted NYSRPA cert and then immediately stay Young.
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240+ examples of CCWs Saving Lives. |
#1047
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240+ examples of CCWs Saving Lives. |
#1048
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Docket Text:
Filed clerk order (Deputy Clerk: AF): Defendants-Appellees’ motion for an extension of time to file their supplemental en banc reply brief is GRANTED. The reply brief for both parties will now be due on Monday, June 29, 2020. [11713990] (AF) Notice will be electronically mailed to:
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“We are twice armed if we fight with faith.” ― Plato |
#1050
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That leaves California, Oregon and Hawaii, which do not recognize permits from any other states. Oregon is may issue for non residents of adjoining states and there are some Oregon sheriffs who are nearly shall issue to residents of these states. So for a California resident who has a permit it is already easy to carry in all states in the 9th Circuit other than Hawaii. |
#1051
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There is so much double speak in that doc. They denounce the recent events in Virginia where an organized group of armed citizens ( a militia) protested the government and succeed in stopping legislation. Then in the next section pleaded that the right only applies to a militia.
If anything that example in Virginia proves how an armed militia can peacefully protect themselves from government infringement on rights.
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#1052
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"PERSONS SUBJECT TO MILITARY DUTY. All able-bodied male persons, residents of this state, between the ages of eighteen and forty-five years, shall be enrolled in the militia, and perform such military duty as may be required by law; but no person having conscientious scruples against bearing arms, shall be compelled to perform such duty in time of peace. Every person claiming such exemption from service, shall, in lieu thereof, pay into the school fund of the county of which he may be a resident, an equivalent in money, the amount and manner of payment to be fixed by law." The North Idaho Militia, recognizing that women have equal rights, has female members as well as members over 45 years of age. |
#1053
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Katie |
#1055
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I Tried to read thru it....
But after reading years of this type of Horse Sh*t from the Anti-2A Zealots, I find myself just Rolling my Eyes at all the Incorrect Opinions framed as though they are Now Facts and the obligatory Cherry Picking of Rare Events as if that is the Norm, etc... I fear reading documents like this will eventually Give Me Brain Cancer.. Quote:
them of the Ability to Adequately Defend Themselves, Family, Friends and Neighbors from say, as a Recent Example, RIOTING, is an Actual Infringement on a Fundamental Right, you Twits. Noble |
#1056
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With the wipeout of all the 2nd A cases at SCOTUS today, all eyes turn to Young (and then Nichols, and then Flanagan).
~14 weeks to go!
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240+ examples of CCWs Saving Lives. Last edited by Paladin; 06-15-2020 at 6:58 AM.. |
#1058
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Look on the bright side: if Trump wins re-election and the GOP holds the Senate, and he gets to replace an anti within a year, this case will be perfect and ready for SCOTUS review.
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240+ examples of CCWs Saving Lives. |
#1059
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IMHO, but IANAL. I don't hold much hope fore YOUNG. In light of the fact that just yesterday. SCOTUS gave a green light to any/all leftist politicos to pass any ANTI-2A crap they want to. Because SCOTUS...........JDGAF.
And the Ninth Circus has carte blanc to now totally ignore the 2A. |
#1060
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Well, according to my very unofficial math skills we are looking at about a 28% chance of picking 6 GOP nominee judges (6 needed to win en banc). And obviously not all of them would necessarily vote for our side. I don't know if any Dems would vote for our side either.
But one bright spot is that the 9th painted themselves into a corner after the Peruta en banc. If they try to come back and say that now open carry is not protected, they set up a split with Moore (and basically uphold a complete carry ban). They also may try to cut and paste other carry opinions from CA2-4. Only problem is that Hawaii hasn't issued a permit....so the 9th would essentially back a completely theoretical permit and the most restrictive system in the nation. |
#1061
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Problem is the dummies are blaming Trump for the riots and the Xi Jinping flu fallout. He may not get re-elected. I wouldn't count on it, but there is still time. Now, if the planets don't align, we in for a heap of troubles. In 5 to 10 years, you will see Chinese and Russian warships in our ports and their warplanes in our airspace. I'll say this again: hear that sucking sound? It's a decade's worth of money feeding attorneys that don't win enough. |
#1062
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The odds of a successful draw was less than 1%. Don't get your hopes up on this one. |
#1063
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Today we filed our reply brief in Young and the State filed their reply. The first link is to the State's and the second is ours.
https://pdfhost.io/v/5tvyPqdIw_Micro...ef_629docx.pdf https://pdfhost.io/v/e1xBjJK8P_Young...y_Briefpdf.pdf
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“We are twice armed if we fight with faith.” ― Plato |
#1064
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#1065
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I don't have any inside info on this case, I have just practiced in the Ninth Circuit for many years. The panel for this case was drawn; and once drawn, the panel maintains jurisdiction over the case until its completion (absent extenuating circumstances, e.g., the death or unavailability of a panel member). It was the 11-member en banc panel that voted to stay this case pending NYSRPA last February, and it will be that same panel that hears it in September. Just because we don't know the names of the panel members (those are published the Monday of the week prior to argument) does not mean they haven't been assigned; they have been. Panels are assigned many months in advance of argument (a very large percentage of three-judge appeals are decided without argument), and especially en banc panels, which require so many judges to travel (almost always to San Francisco) long distances. (The court tries to mitigate this problem by setting most of the en banc sessions on dates when many of the judges will be in town, e.g. in September when new clerk orientation is held.)
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#1066
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Ok .. Aren't the members of the original three judge panel also on the En Banc panel ? |
#1067
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No. Those who were on it were eligible to be drawn (the Senior Judges, Clifton and O'Scainlann had the option of being in the pool from which the 11 members are drawn or not), but the only auto member is the Chief Judge (Thomas).
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#1068
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Who knows? If Trump gets reelected, he may have a bunch of openings on CA9 to fill. LOL! (Nice knowing ya, wolfwood!)
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240+ examples of CCWs Saving Lives. Last edited by Paladin; 06-29-2020 at 6:38 PM.. |
#1069
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But for the time being, the court has shown no interest in conducting en banc arguments via video conference, and has dispensed with argument entirely in favor of deciding the cases on the papers. |
#1071
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Dulcē et decōrum est prō patriā mōrī
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“We are twice armed if we fight with faith.” ― Plato |
#1072
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So...
now that the case is going forward what are the chances that Hawaii will pull a New York? As in change the law just enough to try to moot the case? Because it's hard to see what plausible gyration the 9th could pull at this point to save the existing law. They've argued themselves into a corner.
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Guns don't kill people, Democrats kill people |
#1073
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#1075
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~10 weeks to go!
__________________
240+ examples of CCWs Saving Lives. |
#1077
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Not after the can kicking that the Roberts SCOTUS pulled. 9th CIRCUS now has Carte Blanche to continue allowing Ca Legislature to crap on the Constitution. |
#1078
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Also note that there's a high chance of RBG or perhaps one of the other liberals leaving SCOTUS while Trump still has a chance to make a replacement. This case is on a ventilator but isn't dead.
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"Weakness is provocative." Senator Tom Cotton, president in 2024 Victoria "Tori" Rose Smith's life mattered. |
#1079
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There are 10 seats on an en-banc court as a result not counting Thomas. There are currently 13 Republican appointed justices and 15 Democrat ones (not counting Thomas). In order to have a majority this means that 6 have to be Republican (this will result in a 6 - 5 split) out of 10, selected out of a total of 28 justices. The odds are honestly not that good. It's a 17% chance that we get exactly 6 Republican appointed justices (it goes down to 5% for getting exactly 7 and then 1% for 8). There is a 29% chance that 5 justices selected are democrats (it goes down to 27% for 6 and 14% for 7). This results in an overall percent of a little over 23% that we have a Republican appointed majority for this en-banc case. This calculation was done using the method for draws without replacement. It is not the be-all, end-all calculation. It is merely showing what is the chance that a specific circumstance would occur (in this case, choosing 10 justices out of 28 and having 6 of those be Republican appointed when there are a total of 13 of them in that 28). Then again, it was a 7% chance that the Duncan case would've had 3 Republican-appointed justices and a 35% chance we would've had 2 picked so there was an overall 42% percent of having a majority. Last edited by Maverick237; 07-14-2020 at 10:23 AM.. Reason: Updated overall percenage |
#1080
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