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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 04-14-2019, 4:15 PM
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Default First Amendment carry case: Zeleny v Governor, AG, et al - USDC Northern District CA

Here you go friends. Take a look. Basically the guy wants to carry as a form of political protest over some Silicon Valley CEO

Take a look at his lawyers. This is a really legit firm. That is the lead lawyer. Whoever Zeleny is I respect his commitment because lawyers like this don't come cheap. http://www.agzlaw.com/david-w-affeld
https://www.scribd.com/document/4062...pen-Carry-Case

Last edited by wolfwood; 04-14-2019 at 10:32 PM..
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Old 04-14-2019, 4:34 PM
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That’s some weird behaving dude.
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Old 04-14-2019, 4:57 PM
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This is very old. The plaintiff has been doing this kind of stuff for many years, perhaps 10 or so. He was also arrested about 5 or 10 years ago on Sand Hill Road (home of the vulture capitalists) when he was doing something similar, protesting with a gun. He is well known in Southern California gun collector circles for his magnificent collection of pistols, unbelievable intellect, and excellent taste in guns.
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Old 04-14-2019, 6:32 PM
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Case 3:17-cv-07357-RS

Zeleny is a member here, though not very active.
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There is no value at all complaining or analyzing or reading tea leaves to decide what these bills really mean or actually do; any bill with a chance to pass will be bad for gun owners.

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Old 04-14-2019, 7:43 PM
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Quote:
Originally Posted by MountainLion View Post
This is very old. The plaintiff has been doing this kind of stuff for many years, perhaps 10 or so. He was also arrested about 5 or 10 years ago on Sand Hill Road (home of the vulture capitalists) when he was doing something similar, protesting with a gun. He is well known in Southern California gun collector circles for his magnificent collection of pistols, unbelievable intellect, and excellent taste in guns.
5 days since filing [4-9-19] isn't all that old.
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Old 04-14-2019, 10:00 PM
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Quote:
Originally Posted by MountainLion View Post
This is very old. The plaintiff has been doing this kind of stuff for many years, perhaps 10 or so. He was also arrested about 5 or 10 years ago on Sand Hill Road (home of the vulture capitalists) when he was doing something similar, protesting with a gun. He is well known in Southern California gun collector circles for his magnificent collection of pistols, unbelievable intellect, and excellent taste in guns.
He helped a girl get money from her Dad because he sexually abused her according to the complaint. He exposed both the Dad and his company for covering it up and now is protesting so that the public know about the pedophilia. He now is suing for his right to protest with a gun. The case has been around for 2 years but what i linked to is a new complaint that was filed recently. Filing a new complaint sort of restarts a case.
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Old 04-14-2019, 10:12 PM
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If I read this right he is basically suing to be able to carry while at protests?

I wondered when someone would fight back against this stupid law.
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Old 04-14-2019, 11:54 PM
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Quote:
Originally Posted by DentonandSasquatchShow View Post
If I read this right he is basically suing to be able to carry while at protests?

I wondered when someone would fight back against this stupid law.
It's pretty amusing... he's calling his protests "entertainment events and media productions" and using the "Hollywood exemption" as a defense of his right to carry at said "events."
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Old 04-15-2019, 12:58 AM
Noble Cause Noble Cause is offline
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California Man Denied Permit to Protest
With Rifle Sues City of Menlo Park

The Truth About Guns. 4/14/2018
https://www.thetruthaboutguns.com/20...of-menlo-park/

"Michael Zeleny, a free-speech and Second Amendment activist has
sued the City of Menlo Park, California, and a number of city and state
officials for denial of his civil rights under the First, Second and
Fourteenth Amendments. The reason: he was denied a permit to
protest while carrying an unloaded AK-47 rifle."


Mr Zeleny also made some remarks in the comment section of the
article (at least someone claiming to be him), including a Link to
some, uh, weird / sex animations regarding his ongoing dispute
against Min Zhu, Cisco WebEx founder, with commentary about his
2014 People v. Michael Zeleny

One of his comments:

"Michael Zeleny says:
May 7, 2018 at 03:39

No, my argument has nothing to do with “filming yourself having sex
with a prostitute and then claiming you were just making perfectly
legal pornography”. That said, you can make perfectly legal
pornography starring yourself, provided that your purpose in paying
the acting fees is to make a sexually explicit movie or video, rather
than to serve sexual arousal or gratification, your own or the actors’.
Note that the burden of proving beyond reasonable doubt the
requisite mens rea or purpose to establish your procurement for
purposes of prostitution, falls on the prosecution.
See People v. Freeman, 46 Cal.3d 419 (1988)."



Originating article:

Man who wanted to wave guns during
protest sues Menlo Park and 3 officials

Daily Post. 2/2/2018
https://padailypost.com/2018/02/02/m...d-3-officials/

"Zeleny is asking the federal court to declare unconstitutional the
California laws Menlo Park cited to stop his gun-waving protest.

The lawsuit describes Zeleny as “an internationally renowned researcher
of the history and technology of firearms.” The suit said Zeleny holds a
California Certificate of Eligibility, which indicates he has passed
Department of Justice background checks and is eligible to possess firearms.

Zeleny details his grievance with Zhu in the lawsuit and said that a 2010
attempt by Zhu’s company, New Enterprise Associates, to obtain a
temporary restraining order against him was rejected by the San Mateo
County Superior Court."




Noble
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  #10  
Old 04-15-2019, 1:54 AM
OleCuss OleCuss is offline
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I'm no legal expert, but it seems rather obvious that prohibiting unloaded open carry is a violation of the 1st Amendment.
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Old 04-17-2019, 6:49 AM
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Quote:
Originally Posted by OleCuss View Post
I'm no legal expert, but it seems rather obvious that prohibiting unloaded open carry is a violation of the 1st Amendment.
Only if you do it while stripping.
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  #12  
Old 04-17-2019, 8:42 AM
BryMan92 BryMan92 is offline
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Historically, the Colonists did this a lot by assembling with guns (sometimes loaded). Totally has some historical merit.
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