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Jackson v. SF (Ammo Ban; Locked Storage Reqts.): Cert DENIED 6/8/15

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  • fizux
    Senior Member
    CGN Contributor - Lifetime
    • Apr 2012
    • 1540

    Jackson v. SF (Ammo Ban; Locked Storage Reqts.): Cert DENIED 6/8/15

    Jackson v. SF
    Issue: 2A challenge to SF's ammo ban and locked-storage reqts.
    Current Status:

    Petition for Certiorari Dec 12, 2014 - http://michellawyers.com/wp-content/...Certiorari.pdf

    As of 3/25/2014 - 9CA Panel (NELSON, SMITH, IKUTA) affirms denial of MPI. If appealed to SCOTUS, the petition for writ of certiorari will be due in 90 days.

    3/25/2014 - Prof. Volokh's take on the ruling (thanks, Librarian).
    3/25/2014 - 9CA Panel Opinion affirms denial of MPI (thanks, Window_Seat).
    Note: the latest 28j letters have all been uploaded to RECAP, and will be linked upon update.
    3/10/2014 - Appellants' citation of Supp. Auth. (Peruta).
    2/19/2014 - Appellees' citation of Supp. Auth. (Ill. Assn. Firearms Retailers v. Chicago, Peruta).
    1/17/2014 - Appellants' citation of Supp. Auth. (Ill. Assn. Firearms Retailers v. Chicago).
    12/13/2013 - Appellants' citation of Supp. Auth.(re: US. v. Chovan).
    11/21/2013 - 28(j) letter filed by Appellees (re: US. v. Chovan).
    10/17/2013 - 28(j) letter filed by Appellants (re: Passage of related State Statutes).
    10/7/2013 - Oral Arguments (Audio).
    7/30/2013 - Notice of Oral Argument for 10/7/2013, 9:00am, ctrm 3.
    5/20/2013 - Reply Brief
    3/7/2013 - Appellees' Opening Brief
    2/7/2013 - Appellants' Opening Brief
    5/15/2009 - Complaint


    Trial Court: N.D. Cal.
    Case No.: 3:09-cv-02143
    Docket: http://ia600404.us.archive.org/18/it...14.docket.html

    Appellate Court: 9CA
    Case No.: 12-17803
    Docket: http://ia801704.us.archive.org/6/ite...03.docket.html

    Links:
    CGF Wiki for this case: http://wiki.calgunsfoundation.org/Ja..._San_Francisco
    CGF Wiki Litigation page: http://wiki.calgunsfoundation.org/Li...st_and_Present
    Michel & Assoc. Case Tracker: http://michellawyers.com/guncasetrac...cksonvsanfran/
    Last edited by Librarian; 01-15-2015, 2:40 PM. Reason: updates
    Nationwide Master List of Current 2A Cases, courtesy of Al Norris @ TFL.

    Reloading Clubs: SF, East Bay

    Case Status: (Handgun Roster). SF v. 44Mag (Mag Parts Kits). Bauer v. Harris (DROS Fees). Davis v. LA (CCW policy). Jackson v. SF (Ammo/Storage). Teixeira (FFL Zoning). First Unitarian v. NSA (Privacy). Silvester (Waiting Period). Schoepf (DROS Delay). Haynie (AW ban). SFVPOA v. SF (10+ mag possession ban). Bear in Public: Drake (3CA); Moore (7CA); Richards, Peruta, McKay (9CA).
  • #2
    fizux
    Senior Member
    CGN Contributor - Lifetime
    • Apr 2012
    • 1540

    SF's 28j letter filed
    Nationwide Master List of Current 2A Cases, courtesy of Al Norris @ TFL.

    Reloading Clubs: SF, East Bay

    Case Status: (Handgun Roster). SF v. 44Mag (Mag Parts Kits). Bauer v. Harris (DROS Fees). Davis v. LA (CCW policy). Jackson v. SF (Ammo/Storage). Teixeira (FFL Zoning). First Unitarian v. NSA (Privacy). Silvester (Waiting Period). Schoepf (DROS Delay). Haynie (AW ban). SFVPOA v. SF (10+ mag possession ban). Bear in Public: Drake (3CA); Moore (7CA); Richards, Peruta, McKay (9CA).

    Comment

    • #3
      CMonfort
      Member
      • Dec 2009
      • 464

      UPDATE

      Earlier today, our office filed a 28(j) letter with the Ninth Circuit addressing the impact of Peruta on this case and responding to the City's arguments raised in its recent letter to the Court.
      sigpic
      CMonfort@michellawyers.com
      www.michellawyers.com
      www.calgunlaws.com
      Subscribe to Receive News Bulletins

      Comment

      • #4
        fizux
        Senior Member
        CGN Contributor - Lifetime
        • Apr 2012
        • 1540

        OP updated with 28j letters yesterday, and
        9CA opinion this morning (thanks, Window_Seat).
        Nationwide Master List of Current 2A Cases, courtesy of Al Norris @ TFL.

        Reloading Clubs: SF, East Bay

        Case Status: (Handgun Roster). SF v. 44Mag (Mag Parts Kits). Bauer v. Harris (DROS Fees). Davis v. LA (CCW policy). Jackson v. SF (Ammo/Storage). Teixeira (FFL Zoning). First Unitarian v. NSA (Privacy). Silvester (Waiting Period). Schoepf (DROS Delay). Haynie (AW ban). SFVPOA v. SF (10+ mag possession ban). Bear in Public: Drake (3CA); Moore (7CA); Richards, Peruta, McKay (9CA).

        Comment

        • #5
          Rossi357
          Senior Member
          • May 2010
          • 1229

          Another rational basis opinion.

          Comment

          • #6
            Paladin
            I need a LIFE!!
            • Dec 2005
            • 12374

            IIRC, M&A have through Friday to ask SCOTUS for cert....
            240+ examples of CCWs Saving Lives.

            Comment

            • #7
              wolfwood
              Senior Member
              • Mar 2012
              • 1371

              They kicked this one up to Papa Bear i.e. Paul Clement to draft the writ.

              Comment

              • #8
                CMonfort
                Member
                • Dec 2009
                • 464

                Official Update

                We are finishing up the cert petition and will be filing it on Friday. For strategic reasons that I won't go into on these forums, we have opted to seek review of only the locked storage requirement.

                We will be seeking plenary (full) review by the Supreme Court or, in the alternative, summary reversal of the Ninth Circuit's decision.

                I will post a link to the brief on Friday.

                -Clint
                sigpic
                CMonfort@michellawyers.com
                www.michellawyers.com
                www.calgunlaws.com
                Subscribe to Receive News Bulletins

                Comment

                • #9
                  putput
                  Senior Member
                  • Mar 2009
                  • 775

                  It seems we're about to find out if this Supreme Court has abandoned the 2A after all...

                  Surely not upholding their own locked storage rulings would be a historical event...


                  Originally posted by CMonfort
                  We are finishing up the cert petition and will be filing it on Friday. For strategic reasons that I won't go into on these forums, we have opted to seek review of only the locked storage requirement.

                  We will be seeking plenary (full) review by the Supreme Court or, in the alternative, summary reversal of the Ninth Circuit's decision.

                  I will post a link to the brief on Friday.

                  -Clint
                  "America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."
                  - Claire Wolfe

                  sigpic

                  Comment

                  • #10
                    M. D. Van Norman
                    Veteran Member
                    • Jul 2002
                    • 4168

                    Especially with a lower court in naked rebellion?
                    Matthew D. Van Norman
                    Dancing Giant Sales | Licensed Firearms Dealer | Rainier, WA

                    Comment

                    • #11
                      RobertMW
                      Senior Member
                      • Jul 2013
                      • 2117

                      Originally posted by M. D. Van Norman
                      Especially with a lower court in naked rebellion?
                      This does seem like a very pointed strategic move against rebellious lower courts. Maybe this could pin the ears back in some other circuits if SCOTUS gives a quick summary reversal simply saying "Read Heller you Dolts, it contains more than you admit."
                      Originally posted by kcbrown
                      I'm most famous for my positive mental attitude.

                      Comment

                      • #12
                        Window_Seat
                        Veteran Member
                        • Apr 2008
                        • 3533

                        If they take it, could it be consolidated with a carry outside the home case like Palmer? If so, I could just hear the opinion announcement:

                        "We are once again, asked to decide what we decided in District of Columbia v. Heller and McDonald v. City of Chicago. For the third and final time, . . . "

                        Originally posted by M. D. Van Norman
                        Especially with a lower court in naked rebellion?
                        Bad visual. On the other hand, the District Court in Nevada... Nevermind, I'll get into trouble.

                        Erik.
                        Last edited by Window_Seat; 12-11-2014, 4:40 PM.

                        Comment

                        • #13
                          Paladin
                          I need a LIFE!!
                          • Dec 2005
                          • 12374

                          Originally posted by CMonfort
                          We are finishing up the cert petition and will be filing it on Friday. For strategic reasons that I won't go into on these forums, we have opted to seek review of only the locked storage requirement.

                          We will be seeking plenary (full) review by the Supreme Court or, in the alternative, summary reversal of the Ninth Circuit's decision.

                          I will post a link to the brief on Friday.

                          -Clint
                          Thx.

                          So, it gets filed on Friday, the 12th, the last conference day in Dec. Any rough idea (e.g., month) of when it will be considered in conference?

                          SCOTUS calendar at:
                          Supreme Court of the United States, Supreme Court, Supreme Court of US, Supremecourt, United State Supreme Court, US Supreme Court, U.S. Supreme Court, Court, Docket, Dockets, Opinion, Opininons, Oral Arguments, Justitces, Court Rules, Bar, Merits, Briefs, Order, Orders
                          240+ examples of CCWs Saving Lives.

                          Comment

                          • #14
                            RobertMW
                            Senior Member
                            • Jul 2013
                            • 2117

                            Originally posted by Paladin
                            Thx.

                            So, it gets filed on Friday, the 12th, the last conference day in Dec. Any rough idea (e.g., month) of when it will be considered in conference?

                            SCOTUS calendar at:
                            http://www.supremecourt.gov/default.aspx
                            July? All cases go through an extensive vetting process before they go into conference. The court also has to decide to take some 100 ish cases out of like 2000? They have to get to it.
                            Originally posted by kcbrown
                            I'm most famous for my positive mental attitude.

                            Comment

                            • #15
                              press1280
                              Veteran Member
                              • Mar 2009
                              • 3023

                              Sooner than July. 3 months depending on how much SF tries to stall? if everything goes smoothly it may have a shot at being heard and decided by the summer.

                              Comment

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