Altman v. County of Santa Clara, NDCA - Closing gun stores

[FirearmFino]

Altman v. County of Santa Clara
Northern District of California
Judge: Jon Tigar
4:20-cv-02180

Bay Area Governments, Officials Sued Over Gun Store and Range Bans by Coalition of Second Amendment Groups, Individuals, Retailers Including SAF, CGF, NRA, and FPC

SAN FRANCISCO (March 31, 2020) — Today, attorneys for Second Amendment Foundation (SAF), California Gun Rights Foundation (CGF), California Association of Federal Firearms Licensees (CAL-FFL), National Rifle Association of America (NRA), and Firearms Policy Coalition (FPC) filed a new federal lawsuit challenging bans on the operation of gun stores and shooting ranges imposed by a number of Bay Area governments and government officials. A copy of the lawsuit can be found at FPCLegal.org.

“California’s local governments cannot simply suspend the Constitution,” opens the lawsuit. “Authorities may not, by decree or otherwise, enact and/or enforce a suspension or deprivation of constitutional liberties. And they certainly may not use a public health crisis as political cover to impose bans and restrictions on rights they do not like. . . . The need for self-defense during uncertain times is precisely when Plaintiffs and Plaintiffs’ members must be able to exercise their fundamental rights to keep and bear arms.”

The complaint targets emergency orders issued in relation to the coronavirus pandemic that shutters firearm and ammunition retailers and ranges, considering them “non-essential businesses.” SAF, FPC, CGF, and NRA have already filed a lawsuit against Los Angeles area governments and officials enforcing similar bans and orders. And even anti-gun New Jersey Governor Phil Murphy recently reversed his prior position following a similar lawsuit brought by attorneys for SAF and FPC.

District Court:

3/31/20: Complaint

4/10/20: Order Denying Temporary Restraining Order

6/2/20: Order Denying Preliminary Injunction

11/30/20: Order Granting in Part and Denying in Part Motion to Dismiss

FPC Case Page - CourtListener Page

[HalfFast]

Good

[Jess B. Guy]

Its not like these officials didn't know this was coming. They demonstrated supreme arrogance in the face of The Constitution

[Elgatodeacero]

They don’t care, they fight us in court with our tax dollars, they draw absurd salaries and benefits from our tax dollars, and they face no consequences when they lose. The system is broken.

[Paladin]

Today, attorneys for Second Amendment Foundation (SAF), California Gun Rights Foundation (CGF), California Association of Federal Firearms Licensees (CAL-FFL), National Rifle Association of America (NRA), and Firearms Policy Coalition (FPC) filed a new federal lawsuit challenging bans on the operation of gun stores and shooting ranges imposed by a number of Bay Area governments and government officials.

(1) Can you change the title to reflect all county defendants?
It's not just SClara, but also SM, Ala and CoCoCo too. Maybe used institutional plaintiffs too (FPC, CGF, SAF, NRA).

(2) Where's the love for SF city PD and/or county SO??? No lawsuit against them???





Map added for newbies to compare the county sheriffs being sued to who's against readily & liberally issuing CA CCW permits.

https://www.youtube.com/watch?v=REKLC3s30Mw

[Paladin]

The federal lawsuits this so-called Coalition are bringing are just a crass exploitation of Trump's packing of the Ninth Circuit with Right Wing, extremist constitutionalist judges ... and I LOVE IT!!!

[pistol3]

They don’t care, they fight us in court with our tax dollars, they draw absurd salaries and benefits from our tax dollars, and they face no consequences when they lose. The system is broken.

They suffer the consequence of setting legal precedent when they lose. I was actually thinking this might be why LA County backed down, but given what they did to their sheriff after his decision, maybe not.

[pacrat]

They suffer the consequence of setting legal precedent when they lose. I was actually thinking this might be why LA County backed down, but given what they did to their sheriff after his decision, maybe not.

Unfortunately "Legal Precedent" is set ONLY after the damage is done. And "Elgatodeacero" is spot on.

Look how well the legal precedent's of McDonald and Heller served us. Politicians and their PET COURTS, simply ignore them.

Requiring more expenditure of OUR money, to fight OUR money in court.

Many "precedents" were set POST KATRINA. Prompting legislation, both Federal and States. To protect citizens 2A rights during "emergencies".

N.O. today is SAME CH!T DIFFERENT MAYOR. https://www.breitbart.com/politics/2...n-of-firearms/

Until the Citizens of this Nation demand that Qualified, Legislative, and Judicial IMMUNITY. Go away, and those with power over others face the consequences for their actions. We will remain at the mercy of autocrats.

[ajb78]

https://www.firearmspolicy.org/altman-tro-injunction

www.firearmspolicy.org/altman.

[FirearmFino]

First Amended Complaint

Application for Temporary Restraining Order or, in the Alternative, Motion for Preliminary Injunction; Memorandum of Points and Authorities in Support; Declarations and Exhibits in Support

ORDER DENYING TEMPORARY RESTRAINING ORDER; SCHEDULING ORDER RE APPLICATION FOR PRELIMINARY INJUNCTION

[ajb78]

Well that got shot down quick, or maybe I was too slow.

[Jess B. Guy]

Judge currently assigned to hear case (Tigar) is an Obama appointee, born in England. Don't see much help.

[skilletboy]

Owners of Eddy’s Shooting Sports in Mountain View is a plaintiff! Way to go!

[SanJoseMarkp]

possible help in the fight here. Fed judge ruled gun stores as essential during Covid emergency.

https://www.calguns.net/calgunforum/showthread.php?t=1611105

[SanJoseMarkp]

2pm on 5/20 we are supposed to have a hearing on the injunction. considering guidance from both HHS and BATF that deem gun sales as essential as well as allows for temporary sales/paperwork to be performed at temporary tables outside the brick and mortar location licensed by the FFL. And with the inclusion in the state wide order allowing curb side pickup and outdoor business to be conducted. We have a reasonable shot at reversing the bay area's blocking of gun sales.

Of course even if the injunction is granted I am sure we will have an immediate appeal and stay of the injunction like the ammo sales fiasco from last month.

Annoys me so much that lawmakers and others in charge, chief of police, SA, Mayor, governor seem to think they only have to obey the parts of the constitution they swore to uphold that they like.