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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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  #1  
Old 06-19-2019, 10:16 AM
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sbrady@Michel&Associates sbrady@Michel&Associates is offline
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Default Courtroom victory against Del Mar Gun Show Ban

A federal judge issued a preliminary injunction against enforcement of the one year moratorium on gun shows at the Del Mar Fairgrounds.

Here are further details: https://crpa.org/news/blogs/crpa-win...-gun-show-ban/
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Old 06-19-2019, 10:21 AM
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While I am not located in San Diego, this is great!
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  #3  
Old 06-19-2019, 11:39 AM
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Wonderful news! More info here:

https://reason.com/2019/06/19/can-ca...c-fairgrounds/
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  #4  
Old 06-19-2019, 11:59 AM
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Great work!
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Old 06-19-2019, 12:00 PM
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Great to see we are progressing in CA.
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  #6  
Old 06-19-2019, 12:32 PM
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Turning back California to a Red State!!!
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  #7  
Old 06-19-2019, 12:43 PM
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Santa Clara and SF next!
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  #8  
Old 06-19-2019, 2:42 PM
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Quote:
Originally Posted by sbrady@Michel&Associates View Post
A federal judge issued a preliminary injunction against enforcement of the one year moratorium on gun shows at the Del Mar Fairgrounds.

Here are further details: https://crpa.org/news/blogs/crpa-win...-gun-show-ban/
From the announcement:

"This is a huge first victory for those involved in the case including
CRPA, Second Amendment Foundation, South Bay Rod and Gun
Club and all of the individual plaintiffs. Of course, none of this would
be possible without support from the NRA Institute for Legislative Action"


Bravo, CRPA, SAF, SBR& Gun Club, NRA-ILA !


Judge Cathy Bencivengo was Appointed by Barack Obama in 2012.

So I'm just a Tad Surprised with this, in the past a lot of Leftist Judges
have shown almost open hostility to anything related to 2A.

But a Win is a Win, even if only of a Temporary nature....


Noble
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Old 06-19-2019, 5:23 PM
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Quote:
Originally Posted by sbrady@Michel&Associates View Post
A federal judge issued a preliminary injunction against enforcement of the one year moratorium on gun shows at the Del Mar Fairgrounds.

Here are further details: https://crpa.org/news/blogs/crpa-win...-gun-show-ban/
great job Sean!!!
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  #10  
Old 06-19-2019, 9:56 PM
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This could be rendered moot if AB 893 passes.
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  #11  
Old 06-20-2019, 1:00 AM
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Quote:
Originally Posted by Noble Cause View Post
From the announcement:

"This is a huge first victory for those involved in the case including
CRPA, Second Amendment Foundation, South Bay Rod and Gun
Club and all of the individual plaintiffs. Of course, none of this would
be possible without support from the NRA Institute for Legislative Action"


Bravo, CRPA, SAF, SBR& Gun Club, NRA-ILA !
LMAO... The highly vaunted "GOA" is conspicuously absent once again from the real work in the trenches fighting for the 2nd Amendment...
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  #12  
Old 06-20-2019, 5:47 AM
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Good work!!!
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  #13  
Old 06-20-2019, 6:27 AM
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I’m not sure it’d be rendered moot if there is a ruling that follows the PI comments. The judge in granting the pi noted that ca’s gun shows by state law do not allow in person gun sales due to the process of 10 day waits, appointments and using an FFL. So her comments appear to point to the fair board or if AB893 passes the state's attempts to target a political group, or actions against a specific group's ability to politically associate and assemble on public property.

The 9th will likely thread a needle but the state and fair board appear to be wading into restricting even the most basic ability of gun owners to associate & engage on public property.

Last edited by ddestruel; 06-20-2019 at 7:05 AM..
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  #14  
Old 06-20-2019, 9:13 AM
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So it's a victory for the 1st Amendment, freedom of speech and association, on publicly owned grounds.

=8-)
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  #15  
Old 06-20-2019, 6:03 PM
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Nice. Now lets get the big show at Pomona Fairgrounds back!
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  #16  
Old 06-21-2019, 9:35 AM
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Quote:
Originally Posted by OCEquestrian View Post
LMAO... The highly vaunted "GOA" is conspicuously absent once again from the real work in the trenches fighting for the 2nd Amendment...
What a laughable, ignorant comment. The GOA does a ton of great work on the ground. Just because they don't have the resources to join every single battle doesn't mean they aren't fighting.

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  #17  
Old 06-22-2019, 5:38 AM
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Congrats! Good news is good news!
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  #18  
Old 06-23-2019, 9:28 AM
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Quote:
Originally Posted by G-forceJunkie View Post
Nice. Now lets get the big show at Pomona Fairgrounds back!

And the cow palace ban also should fall afoul of this ruling.


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  #19  
Old 06-25-2019, 5:50 PM
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MEMORANDUM OPINION RE JUNE 18, 2019 ORDER

Quote:
In its briefs (and again at the hearing), the District relies vague claims that the Moratorium is based on an interest in “public safety.” Both the language of the Moratorium itself and the District’s briefs, however, are largely silent as what members of the public are endangered by gun shows or the speech therein. Nor does the District point to any evidence that attendees of gun shows at the Fairgrounds have suffered injuries in the past or are in greater danger than attendees of other events at the Fairgrounds. Indeed, at the hearing, counsel for the District could not answer why, after years of gun shows at the Fairgrounds, the District decided to enact the Moratorium when it did. The District’s “[m]ere speculation of harm does not constitute a compelling state interest.”
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  #20  
Old 06-27-2019, 2:48 PM
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Good news indeed.
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  #21  
Old 06-27-2019, 3:13 PM
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What’s what the gun grabbers pull at the next show.
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  #22  
Old 06-27-2019, 4:09 PM
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Quote:
Originally Posted by unclejesse View Post
Turning back California to a Red State!!!
Hardly.


Quote:
Originally Posted by OCEquestrian View Post
LMAO... The highly vaunted "GOA" is conspicuously absent once again from the real work in the trenches fighting for the 2nd Amendment...
This.


Quote:
Originally Posted by Marktallica View Post
What a laughable, ignorant comment. The GOA does a ton of great work on the ground. Just because they don't have the resources to join every single battle doesn't mean they aren't fighting.
Can you name a California "battle" or 2 that GOA actually funded??
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  #23  
Old 06-28-2019, 7:53 PM
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The injunction in this case just helped prevent another gunshow ban:

Quote:
At 9 a.m. this morning, a special meeting was held on “Gun Show Policy” to discuss whether the Ventura County Fairgrounds would continue to hold or prohibit gun shows on county property. During that meeting, the recent decision by Judge Bencivengo took center stage, with one Board member reading portions of the opinion to illustrate why the Board must protect the constitutional rights of gun owners, by not arbitrarily restricting those rights or treating gun shows differently than other types of lawful gatherings.

At the conclusion of the meeting, the Fair Board voted to continue to allow gun shows with existing contracts but will be looking at ways to increase safety and security in the future.
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  #24  
Old 07-23-2019, 8:45 PM
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Upcoming case deadlines:

Quote:
The Parties shall immediately commence settlement discussions. The Parties shall participate in non-binding mediation no later than September 10, 2019. The Parties shall jointly select the mediator.
Quote:
The discovery deadline in this matter is extended from August 16, 2019 to October 25, 2019. The Parties will promptly withdraw all pending discovery requests and deposition notices.

Motion(s) for summary judgment shall be filed on or before November 8, 2019. Opposition(s) shall be filed on or before November 22, 2019, and any reply shall be filed on or before December 6, 2019. A hearing on any motion(s) for summary judgment is set for December 16, 2019 at 10:30 a.m.

Aside from the discovery and summary judgment schedules previously set by the Court, all other orders of the Court shall remain in effect.
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  #25  
Old 08-04-2019, 8:45 PM
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There are plenty of better spots than Daly City.. Other smaller Gun Shows are found in Fairfield, Vacavile, Modesto. Crossroads can find a better and nicer new home in Livermore.
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  #26  
Old 09-11-2019, 3:53 AM
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A settlement in this case is looking increasingly likely:

Quote:
Joint MOTION to Further Engage in Settlement Discussions and Extend Discovery and Summary Judgment Deadlines by 22nd District Agricultural Association. (Li, Peiyin)

ORDER to Further Engage in Settlement Discussions and Extend Discovery and Summary Judgment Deadlines [ECF No.34*]. Signed by Judge Cathy Ann Bencivengo on*9/10/2019. (anh)
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  #27  
Old 09-11-2019, 9:35 AM
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What would a settlement mean though? Would we still have gun shows? Could they sell guns?
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