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UPDATE 8/15:Parker v CA (NRA Lawsuit Overturning AB962) CA Supreme Court Briefs Filed

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  • CMonfort
    Member
    • Dec 2009
    • 464

    UPDATE 8/15:Parker v CA (NRA Lawsuit Overturning AB962) CA Supreme Court Briefs Filed

    Update 8/15/14:

    This is the latest update in the NRA/CRPAF case that overturned AB 962, which would have mandated thumb printing and registration, and banned online sales of "handgun ammunition" as vaguely defined by the statutes. The statutes were held unconstitutionally vague and permanently enjoined by the trial court and again by the CA Court of Appeal. In addition to striking down AB 962 on its face, this case is significant and has larger big picture implications. Specifically, the decision by the California Court of Appeals was the first opinion in the nation to recognize that laws that regulate Second Amendment conduct must provide heightened levels of clarity to prevent them from being stricken as unconstitutionally vague, irrespective of whether the laws actually violate the Second Amendment.

    Earlier this year, the California Supreme Court agreed to hear the case and briefing is now in progress.

    The state filed its opening brief on May 6.

    Our office filed Respondents' Brief on Monday, August 18.

    All filings to date in the case can be viewed here.

    The State's Reply brief is due next month.

    Oral arguments are expected to take place in late 2014 or early 2015.

    -Clint



    Previous update from early 2014:

    Last month, the State filed its Petition for Review by the California Supreme Court:



    On Friday, January 10, our office filed an answer / opposition to that petition:



    Here is the link to the current Court of Appeal Opinion:

    Last edited by CMonfort; 08-19-2014, 3:14 PM.
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  • #2
    Tarn_Helm
    Senior Member
    • Sep 2007
    • 2126

    Keep them coming.

    Originally posted by CMonfort
    This is the latest update on the NRA/CRPAF case that overturned AB 962.

    Last month, the State filed its Petition for Review by the California Supreme Court:



    On Friday, January 10, our office filed an answer / opposition to that petition:



    Here is the link to the current Court of Appeal Opinion:

    http://michellawyers.com/wp-content/...ed-In-Full.pdf
    So, another victory.

    Very cool.
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    • #3
      John Galt
      Member
      • May 2006
      • 156

      Thanks Clint as well as everyone else at M&A. You guys give us light at the end of the tunnel.

      Comment

      • #4
        OleCuss
        Calguns Addict
        • Jun 2009
        • 7800

        I like hearing of a final victory - and I appreciate the good work you have done on this!

        Oddly enough, the victory worries me just a little and I'm not going to say why.
        CGN's token life-long teetotaling vegetarian. Don't consider anything I post as advice or as anything more than opinion (if even that).

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        • #5
          mag360
          Calguns Addict
          • Jun 2009
          • 5198

          Thank you michel and associates for this. I have followed this case closely as it is what drove me join NRA and CRPA and start paying attention to our rights.
          just happy to be here. I like talking about better ways to protect ourselves.

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          • #6
            mag360
            Calguns Addict
            • Jun 2009
            • 5198

            The dissent was entertaining. A long winded example of nothing more than "but the legislature said its good, arnold signed it and you have to sign a form for cough medicine" I suggest reading it, the cases they cited had little to do with guns and more to do with procedures the court must follow in applying void for vagueness doctrine.
            just happy to be here. I like talking about better ways to protect ourselves.

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            • #7
              Sabesimpson
              Senior Member
              • Feb 2012
              • 1633

              Thanks for all of your hard work!
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              Sent from a hand held device!
              Apologies for any typos.

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              • #8
                wjc
                I need a LIFE!!
                • Dec 2009
                • 10869

                Thanks for the hard work, Clint!
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                • #9
                  Beatone
                  Veteran Member
                  • Dec 2005
                  • 4053

                  Thanks
                  sigpicNRA Life Member

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                  • #10
                    CCWFacts
                    Calguns Addict
                    • May 2007
                    • 6168

                    Another victory!

                    Just curious about one thing: Are there any commercially-manufactured non-handguns that fire 25 ACP or 32 ACP? Of all the calibers out there, these are the only two that I'm aware of that must be handgun-only. But I am glad the court didn't think of it that way and tossed out the whole stupid law.
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                    • #11
                      krwada
                      Senior Member
                      CGN Contributor
                      • Jun 2013
                      • 1457

                      Thank you ...

                      Also many thanks to all in this community who have contributed to efforts such as this.

                      You know who you are.

                      Again, many thanks to ALL of you.

                      krwada

                      Comment

                      • #12
                        CaliforniaLiberal
                        #1 Bull Goose Loony
                        CGN Contributor - Lifetime
                        • Jan 2008
                        • 4690

                        Originally posted by CMonfort
                        This is the latest update on the NRA/CRPAF case that overturned AB 962.

                        Last month, the State filed its Petition for Review by the California Supreme Court:



                        On Friday, January 10, our office filed an answer / opposition to that petition:



                        Here is the link to the current Court of Appeal Opinion:

                        http://michellawyers.com/wp-content/...ed-In-Full.pdf


                        Wait.

                        I'm confused by "Another Victory."

                        The Court of Appeal Opinion came out 11-6-13. This upheld the original ruling against AB 962. So far, So good.

                        The State filed a Petition with CA Supreme Court in December, 2013 asking them to hear an appeal of the Court of Appeal decision.

                        Two weeks ago we filed an answer to that Petition.

                        Aren't we now waiting to hear if the CA Supreme Court will hear this?

                        This post is just an update of how the CA AG appeal against our favorable ruling that kills AB 962 is proceeding, not a declaration of Final Victory.

                        Or am I missing something?
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                        • #13
                          taperxz
                          I need a LIFE!!
                          • Feb 2010
                          • 19395

                          Originally posted by CaliforniaLiberal
                          Wait.

                          I'm confused by "Another Victory."

                          The Court of Appeal Opinion came out 11-6-13. This upheld the original ruling against AB 962. So far, So good.

                          The State filed a Petition with CA Supreme Court in December, 2013 asking them to hear an appeal of the Court of Appeal decision.

                          Two weeks ago we filed an answer to that Petition.

                          Aren't we now waiting to hear if the CA Supreme Court will hear this?

                          This post is just an update of how the CA AG appeal against our favorable ruling that kills AB 962 is proceeding, not a declaration of Final Victory.

                          Or am I missing something?
                          Your right, Others are not reading the links that Clint posted.

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                          • #14
                            hoffmang
                            I need a LIFE!!
                            • Apr 2006
                            • 18448

                            Originally posted by CaliforniaLiberal
                            Aren't we now waiting to hear if the CA Supreme Court will hear this?

                            ....

                            Or am I missing something?
                            You are missing nothing. We are awaiting to see if the California Supreme Court is going to take this case.

                            -Gene
                            Gene Hoffman
                            Chairman, California Gun Rights Foundation

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                            • #15
                              CrazyPhuD
                              Member
                              • Jun 2010
                              • 458

                              Originally posted by CCWFacts
                              Another victory!

                              Just curious about one thing: Are there any commercially-manufactured non-handguns that fire 25 ACP or 32 ACP? Of all the calibers out there, these are the only two that I'm aware of that must be handgun-only. But I am glad the court didn't think of it that way and tossed out the whole stupid law.
                              The Armi Jager AP-74 fires the 32 ACP. Armi was an Italian company that made semi-auto replicas of military weapons that fired rimfire and small caliber centerfire rounds. The AP-74 was the M-16 replica.



                              They imported quite a bit in the 80s through early 90s I believe before the company became defunct. But there is some talk they may come back at some point.

                              Comment

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