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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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#801
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OK, but have they done so?
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#802
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#803
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It would a violation of due process be IF you had a vested interest of a civil / constitutional right.
The fact that no IA will give prior notice of revocation with the opportunity to be heard prior to that revocation should tell you whether the State believes you have that vested interest or not.
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Some random thoughts: Somebody's gotta be the mole so it might as well be me. Seems to be working so far. Evil doesn't only come in black. Life is like a discount bakery. Usually everything is just what you ordered. But, occasionally you come face to face with an unexpected fruitcake. Surprise! My Utubery |
#804
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Umm, NO. They haven't issued it to me, yet.
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Proud CGN Contributor USMC Pistol Team Alumni - Distinguished Pistol Shot Owner of multiple Constitutionally protected tools |
#805
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#806
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#807
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#808
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#809
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Furthermore, the associated municipality likely faces Monell liability. AG opinion notwithstanding. Bonta's letter even warned the IA's to get their own counsel, and not to take his letter as legal advice.
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David R Duringer JD LL.M (Tax), CA/WA/TX atty, @guntrust on social nets. Protective Law Corporation *Estate Planning for Gun Owners* (zoom or office) Become an affiliated attorney/advisor: http://guncounsel.com CRPA Mag Must Retract Erroneous Bulletin Slamming Gun Trusts Radio ads: http://Protect.FM FREE training: http://guntrust.org FREE design meeting: http://Protect.LIFE |
#810
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Ca v. Diaz; Order Sustaining Demurrer
Forgot where I downloaded this from, but here's Judge White's order on the Demurrer.
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#812
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The Deputy said - "why would you want to open carry? You're about to get a CCW and even if you don't have one you can CCW while hunting and fishing. No, we don't issue open carry permits." In case you were wondering.
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Proud CGN Contributor USMC Pistol Team Alumni - Distinguished Pistol Shot Owner of multiple Constitutionally protected tools |
#813
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That is a great read. The judge, despite knowing the ramifications of his decision, applied the law objectively. No twisting, contortions, or justifications necessary.
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#814
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Also, doesn't CA at least notify the permit holder that their license is being revoked? |
#815
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#817
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The last thing filed was status reports, but it's not super interesting,
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#818
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How does one even come to the conclusion that crystal meth and firearms are one in the same. Pretty sure a preschool child could tell the difference between a baggy of crystal meth and a firearm. I will go one step further explain to me how firing a firearm alters ones mental condition like crystal meth does when ingested. There are laws protecting the possession of firearms and none for the possession of crystal meth. There fore not any comparison what so eveq.
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#819
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I went to https://michellawyers.com/nichols-v-harris/ and I was astounded that this case has been dragging on for 12 years. Short of reading 12 years of filings and 21 pages of posts, Can somebody give the synopsis of this case and its evolution? What is the connection to Peruta?
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#820
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Peruta was about discretionary licensing for concealed carry - especially given open carry is illegal. The 9CA "2A 2-stepped" it - sidestepping the question of whether there is a right to SOME manner of carry outside the home - which was the specific question litigated - and upholding May Issue under rational basis (dressed up as intermediate scrutiny)
Nichols' case (rightly or wrongly) has always been about the right to open carry outside the home. He writes some good stuff (and some stuff that drives a lot of people here, including and maybe especially, the lawyers) nuts.
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Proud CGN Contributor USMC Pistol Team Alumni - Distinguished Pistol Shot Owner of multiple Constitutionally protected tools Last edited by Drivedabizness; 06-06-2023 at 12:51 PM.. |
#821
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What I don't get is the perceived animosity between the open carry and concealed carry advocates, which I believe stems from a belief that a state can get away with allowing one of the two and still comply with the right to bear.
I can't go along with that kind of thinking. Even if one is allowed, the denial of the other is still an infringement. I suppose that kind of thinking goes along with dong the two step, as arguably the infringement is less as long as one form of carry is allowed. |
#822
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#823
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Concealed carry activists most likely live in highly politically-unfavorable areas, urban and dominated by Democrats, where open carry is not socially permissible, even if legal.
Open carrying in these places risks getting the police called by 5 hysterical gun banners every hour. Dealing with a police response while open carrying is a high-risk situation. I understand their concern. To be clear, I believe both should be legal. Last edited by AlmostHeaven; 06-06-2023 at 6:00 PM.. Reason: Clarified a point |
#824
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Lock up/fine enough "offended" reporters and it will stop.
The busy body Karens lack courage
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Proud CGN Contributor USMC Pistol Team Alumni - Distinguished Pistol Shot Owner of multiple Constitutionally protected tools |
#825
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#826
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Fairly standard, almost no one files a petition without requesting an extension of time. The court routinely grants ONE extension without requiring cause.
In this case Mr. Nichols probably has to go back and dig through his mountain of case paperwork to see what's been ordered and argued just to refresh his own memories as well as create some sort of statement of the case as it exists today before he can begin to present his new petition. A daunting task.
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Some random thoughts: Somebody's gotta be the mole so it might as well be me. Seems to be working so far. Evil doesn't only come in black. Life is like a discount bakery. Usually everything is just what you ordered. But, occasionally you come face to face with an unexpected fruitcake. Surprise! My Utubery |
#827
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The police should consider doing a PSA about it and make sure that the public understands that open carry isn't unlawful and that 911 calls are a waste of resources which could also result in the caller being arrested.
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Some random thoughts: Somebody's gotta be the mole so it might as well be me. Seems to be working so far. Evil doesn't only come in black. Life is like a discount bakery. Usually everything is just what you ordered. But, occasionally you come face to face with an unexpected fruitcake. Surprise! My Utubery |
#828
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Now let's get back to the real world. What do you think is gonna happen when when the police give the "Karen Admonishment" and the involved subject then does a mass shooting? I agree that this scenario has a "one in ten million" chance of occurring, but when the U.S population is over 330 million, it's gonna happen. When I was a very new patrol deputy, we had a person call the station to report that he was being threatened by his roommate. It was a very busy day in the field, calls were backed up, and the desk deputy assessed that this was not a very meritorious call. He gave what would today be termed the "Karen Admonishment." The caller became angered that no unit would be responding to his call. He asked "what if he comes after me with a gun." The deputy replied that if that occurred, that we would send a unit and ended the call. Remember that all of the conversation is recorded. The roommate then came back with a gun and shot the caller, who then died at the scene. Deputies then responded. What do you think happened after the recordings were reviewed?
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If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life. |
#830
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However, I must reiterate, in highly politically-unfavorable areas, urban and dominated by Democrats, where open carry is not socially permissible, even if legal, local government officials will never allow law enforcement to adopt a policy of ignoring such calls. Liberal activists would vote the city council, police chief, and district attorney out of office to ensure that officers do respond to every hysterical report made about someone visibly carrying a firearm. |
#831
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There is no obligation for the police to protect anyone. And, when you fabricate a basis to try to impose an obligation for the police to protect an individual at the expense of Constitutional Rights, your fabrication becomes nothing more than a blanket denial of Rights. Worse, when you then attempt to justify that denial of rights on the basis of someone keeping or not keeping their elected office, you reduce our God Given and Enumerated Constitutional Rights to less than the ability of some unnamed bureaucrat or hired government flunky to keep their paycheck. Exercising my Rights is not illegal. If some Karen can't handle it, they need to be the one getting the admonishment not me. Nor should my Rights be curtailed merely because someone in office or government employ might be inconvenienced or lose their job. Even merely considering the possibility is repugnant to the concept of liberty.
__________________
Some random thoughts: Somebody's gotta be the mole so it might as well be me. Seems to be working so far. Evil doesn't only come in black. Life is like a discount bakery. Usually everything is just what you ordered. But, occasionally you come face to face with an unexpected fruitcake. Surprise! My Utubery |
#832
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I categorically support open carry and the right to exercise individual liberties without harassment from law enforcement. I merely stipulate that people who visibly display weapons in densely populated urban environments will cause panic and generate significant police responses. Therefore, I never open carry in suburban or urban environments, regardless of its legal status. |
#833
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Anyone who gets upset merely because someone carries a gun openly needs to be told in definite terms that if they don't shut up, they're going to be the ones arrested and prosecuted. Eventually even the dumbest rocks will get the message.
__________________
Some random thoughts: Somebody's gotta be the mole so it might as well be me. Seems to be working so far. Evil doesn't only come in black. Life is like a discount bakery. Usually everything is just what you ordered. But, occasionally you come face to face with an unexpected fruitcake. Surprise! My Utubery |
#834
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P.C. 148.5 filing a false report. Misdemeanor up to 6 months in county jail or 1000 dollars base fine. I’m not arguing the open vs concealed carry tactically superior deal. We have rights or we don’t. A right unexercised for fear of causing a stir is a right lost. Urban Karens can always move to New York or Chicago where they will be safely shielded from all things worrisome. Yes, I would rather choose the method of carry that best suits the situation, but refuse to ask government permission or pay fees to exercise my pre-governmental rights.
If that means open carry, then that is what I will do! I’ll be horse whipped if offending some ninny socialist, changes my actions. |
#835
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#836
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"Now let's get back to the real world. What do you think is gonna happen when when the police give the "Karen Admonishment" and the involved subject then does a mass shooting?"
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If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life. |
#837
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San Francisco and Los Angeles are just as, if not even more, liberal than New York and Chicago. Even if open carry becomes legal on paper in California, we will still not be able to safely exercise the right in the counties of Los Angeles, San Francisco, Marin, San Mateo, Contra Costa, Alameda, and Santa Clara, among others. Once upon a time, I lived in San Jose. I know for a fact that panicked urbanites will dial 911, the police will respond, and no Supreme Court decision will make one iota of difference. The local political reality is an integral part of the tactical discussion. Open carrying in an area and having the local population summon a SWAT team to shoot you is just as much of a problem as a criminal stealing your gun out of the holster. Feel free to disagree, but I believe open carry is unexercisable in the San Francisco Bay Area, Sacramento, and Los Angeles. Does this mean I am against open carry in general? Absolutely not. Instead of rehashing the same Constitutional principles repeatedly, I would like someone to volunteer to open carry in San Francisco if Nichols v. Newsom succeeds, and open carry becomes legal in the State of California. I recommend livestreaming on YouTube for lawyers to review the inevitable police interaction. |
#838
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Id open carry at venues in San Francisco. Makes no difference to me irrespective of the politics.
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Sometimes the law defends plunder and participates in it. Sometimes the law places the whole apparatus of judges, police, prisons and gendarmes at the service of the plunderers, and treats the victim -- when he defends himself -- as a criminal. Bastiat “Everything the State says is a lie, and everything it has it has stolen.” Friedrich Nietzsche |
#839
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There is no obligation on the part of the police to come to anyone's aid. If someone calls and complains about a "man with a gun" who is doing nothing more than OC, then the caller needs to be told what the law is. If the "man with a gun" turns into a homicidal lunatic, then "Karen" should have armed herself and made sure she knew how to use her arms before the bad guy showed up. Otherwise she's stuck in a position of calling for help from the police which has no legal or social obligation to do anything. Tough luck but that's the way it is and she made the voluntary choice to be a victim by refusing to protect herself and expecting someone else to do it for her. Someone who has no legal obligation to do so. In the end your argument is about the optics after an event. Actual reality trumps that position since; 1) statistically the odds aren't in favor of it happening and 2) that's not the law even if it did.
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Some random thoughts: Somebody's gotta be the mole so it might as well be me. Seems to be working so far. Evil doesn't only come in black. Life is like a discount bakery. Usually everything is just what you ordered. But, occasionally you come face to face with an unexpected fruitcake. Surprise! My Utubery Last edited by rplaw; 07-25-2023 at 7:31 AM.. |
#840
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https://www.YouTube.com/R8OWNspU_yE
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240+ examples of CCWs Saving Lives. Last edited by Paladin; 07-28-2023 at 10:04 PM.. |
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