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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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Old 04-23-2020, 6:15 PM
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But with Judge Benitez latest gem in Rhode v Becerra, this is for you Legal Beagles:

Despite all the rhetoric, we've had zero support from the Civil Rights Division of the Trump DOJ.

At what point do the string of losses by the State point to a pattern of violating rights? One could imagine (at least I can, as a non-lawyer) a record replete with failure/refusal to uphold/recognize a minimal level of rights: prisoners rights abuses, refusal to provide minimally decent education, a string of 2A rights....

Seems to me the State of CA is asking for a major rebuke from the Federal Courts. And an expected presumption that if someone is complaining, they probably have a point.
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Old 04-23-2020, 6:59 PM
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CA DOJ and AG will again loose a future case at the US District court level regarding the delay of release of lawfully acquired firearms past the ten 24 hour periods.
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Old 04-23-2020, 8:45 PM
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Quote:
Originally Posted by Drivedabizness View Post
But with Judge Benitez latest gem in Rhode v Becerra, this is for you Legal Beagles:

Despite all the rhetoric, we've had zero support from the Civil Rights Division of the Trump DOJ.

At what point do the string of losses by the State point to a pattern of violating rights? One could imagine (at least I can, as a non-lawyer) a record replete with failure/refusal to uphold/recognize a minimal level of rights: prisoners rights abuses, refusal to provide minimally decent education, a string of 2A rights....

Seems to me the State of CA is asking for a major rebuke from the Federal Courts. And an expected presumption that if someone is complaining, they probably have a point.
States cannot be sued in federal court for violations of civil rights. Which is why the AG is not involved. Instead, the Fed will, on occasion, file amicus briefs in the supreme court through the auspices of the Solicitor General's Office.
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Old 04-23-2020, 8:53 PM
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https://www.justice.gov/crt/deprivat...nder-color-law
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