First Amendment carry case: Zeleny v Governor, AG, et al - USDC Northern District CA

[curtisfong]

Solid win. Too bad Bertini gets away scot free.

[pacrat]

Solid win. Too bad Bertini gets away scot free.

FOR NOW.

The Menlo Park weenies will likely ask for a 9th Circus "en banc".

We know how that goes.

[curtisfong]

FOR NOW.

The Menlo Park weenies will likely ask for a 9th Circus "en banc".

We know how that goes.

No doubt, but don't forget this is now a 1A case, so the 9th won't be as worried about optics.

Sadly, of course, this does nothing for 2A precedent, but all things considered, at least at this point *bad* 2A precedent is off the table.

What I wish we discussed more in this thread is the "in se" vs "prohibitum" distinction, in particular with ML's (out of nowhere, imo) correlation with "long standing prohibitions".

[MountainLion]

FOR NOW.

The Menlo Park weenies will likely ask for a 9th Circus "en banc".

We know how that goes.

I don't think they will, because it would only run up the bar tab.

Plaintiff Michael has already won attorneys fees in district court. That means he has an unusually strong case. If Menlo Park appeals, they would probably have to pay another half million or million to go to the 9th circuit, and that again to go en banc. And at this point, it seems unconceivable that Menlo Park could win an appeal. And note that the state defendants have all been released.

[curtisfong]

I don't think they will, because it would only run up the bar tab.

Plaintiff Michael has already won attorneys fees in district court. That means he has an unusually strong case. If Menlo Park appeals, they would probably have to pay another half million or million to go to the 9th circuit, and that again to go en banc. And at this point, it seems unconceivable that Menlo Park could win an appeal. And note that the state defendants have all been released.

Agreed 100%

[wolfwood]

Menlo dismissed its appeal. The case is over and Michael Zeleny wins.

[RANGER295]

I'm trying to understand this. Granted I was not able to read the ruling really on my phone, but does this do away with the caring a weapon while protesting ban. It looks to me like possibly it does provided the weapon is being carried as part of the statement being made in the protest?

[MountainLion]

You asked:

I'm trying to understand this. ... but does this do away with the caring a weapon while protesting ban.

Another poster answered earlier:

[Paladin]

https://youtube.com/QuoKNZjr8_U

“It’s Alive!”

[JDoe]

First Amendment carry case: Zeleny v Governor, AG, et al - USDC Northern District CA

Cue the 1st amendment auditors and their attorneys.

[AlmostHeaven]

Prior to today, last post came before the Supreme Court issued NYSRPA v. Bruen.

[Paladin]

[AlmostHeaven]

Every time you bump this thread, the district court further reduces its speed.

[Paladin]

[abinsinia]

It looks like it was vacated and remanded after Bruen.

https://storage.courtlistener.com/recap/gov.uscourts.cand.320867/gov.uscourts.cand.320867.235.0.pdf