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Peterson v. LaCabe: AG Responds to Plaintiff MSJ, Files Cross-Motion MSJ

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  • Gray Peterson
    Calguns Addict
    • Jan 2005
    • 5817

    Peterson v. LaCabe: AG Responds to Plaintiff MSJ, Files Cross-Motion MSJ

    In all the Peruta hubbub, today the Attorney General for the State of Colorado responded to my MSJ, and filed their own Cross-Motion for Summary Judgment. There is extensive exhibits in the main docket.

    I'll be posting an update with my commentary in this thread later, as this is posted real late. Needless to say, it was hilarious to read and see the major red-herrings and fallacies, but I can't quite put it into words at the moment...

    Comment away....
  • #2
    Theseus
    Veteran Member
    • Jul 2008
    • 2679

    OK, so. . .

    Denver can ban open carry because of population density and the chances that a bullet, if discharged, can do damage. Applying intermediate scrutiny means that they can thus ban open carry instead of simply unlawful discharge?
    Nothing to see here. . . Move along.

    Comment

    • #3
      Gray Peterson
      Calguns Addict
      • Jan 2005
      • 5817

      Originally posted by Theseus
      OK, so. . .

      Denver can ban open carry because of population density and the chances that a bullet, if discharged, can do damage. Applying intermediate scrutiny means that they can thus ban open carry instead of simply unlawful discharge?
      Yeah, stupid. We'll post more later.

      Comment

      • #4
        Californio
        CGN/CGSSA Contributor - Lifetime
        CGN Contributor - Lifetime
        • Dec 2006
        • 4169

        Last Police shooting in my town 40 rounds were discharged by 4 Officers, rounds went all over the place, only three stuck the target. I really don't get the belief that an ordinary Citizen is going to do any worse or put the Public at greater risk. It was daylight with a large crowd. A CCW sure is not going to fire 40 rounds.
        Last edited by Californio; 12-11-2010, 10:15 AM.
        "The California matrix of gun control laws is among the harshest in the nation and are filled with criminal law traps for people of common intelligence who desire to obey the law." - U.S. District Judge Roger T. Benitez

        Comment

        • #5
          Window_Seat
          Veteran Member
          • Apr 2008
          • 3533

          I'm stumped on how he could have written this considering there are over 30 states that allow non-residents to apply, along with reciprocity.

          I seriously doubt it, and I'd like to see this be verified.

          Erik.

          Comment

          • #6
            hoffmang
            I need a LIFE!!
            • Apr 2006
            • 18448

            There is some fun slieght of hand in the AG's opinion. They compare Gray to the class of CO resident permit holders while intentionally ignoring the large class of non-resident permit holders who have reciprocity and can thus carry in CO.

            -Gene
            Gene Hoffman
            Chairman, California Gun Rights Foundation

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            Opinions posted in this account are my own and not the approved position of any organization.
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            "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon

            Comment

            • #7
              nicki
              Veteran Member
              • Mar 2008
              • 4208

              Private untrained civilians versus highly trained LEOs.

              I would be curious as to what the rates of accidental shootings are between us mere civilians versus highly trained police officers.

              The highest number of rounds I heard of in a self defense shooting was 15 and 10 of those hit the perp.

              On the flip side I heard from a family friend years back who was a NYPD officer that they had one shooting where police officers fired 140 rounds and no hits on the perp.

              This was back when they had 6 shooters and no speed loaders.

              Have there been any documented negligent discharges by open carriers who were not "Cops or Security" guards anywhere in the United States.

              How about CCW holders, how about non Glock carriers?

              Nicki

              Comment

              • #8
                Gray Peterson
                Calguns Addict
                • Jan 2005
                • 5817

                Originally posted by hoffmang
                There is some fun slieght of hand in the AG's opinion. They compare Gray to the class of CO resident permit holders while intentionally ignoring the large class of non-resident permit holders who have reciprocity and can thus carry in CO.

                -Gene
                Including residents of several states which are not even required to get a background check before being issued a permit (Alabama and Georgia had reciprocity problems because of that, but Alabama residents can carry concealed all they want in Denver on a Alabama sheriff-issued license, with no training at all).

                Comment

                • #9
                  press1280
                  Veteran Member
                  • Mar 2009
                  • 3023

                  Originally posted by Gray Peterson
                  Including residents of several states which are not even required to get a background check before being issued a permit (Alabama and Georgia had reciprocity problems because of that, but Alabama residents can carry concealed all they want in Denver on a Alabama sheriff-issued license, with no training at all).
                  He didn't even mention Gray's FL permit, which would be acceptable if Gray lived in FL. But since he doesn't, they can't keep tabs on him. Of course they can't keep tabs on anyone living in the 20 plus reciprocal states either. I'm completely baffled why they just don't get this. This case would have been moot if they had just accepted all non-res reciprocal permits(save CO residents). Idiots...........

                  Comment

                  • #10
                    gunsmith
                    Senior Member
                    • May 2004
                    • 2028

                    Originally posted by nicki
                    I would be curious as to what the rates of accidental shootings are between us mere civilians versus highly trained police officers.

                    The highest number of rounds I heard of in a self defense shooting was 15 and 10 of those hit the perp.

                    On the flip side I heard from a family friend years back who was a NYPD officer that they had one shooting where police officers fired 140 rounds and no hits on the perp.

                    This was back when they had 6 shooters and no speed loaders.

                    Have there been any documented negligent discharges by open carriers who were not "Cops or Security" guards anywhere in the United States.

                    How about CCW holders, how about non Glock carriers?

                    Nicki
                    The Glock carriers are among the smartest and handsomest, no need to worry about them.
                    NRA Life Member

                    Comment

                    • #11
                      Apocalypsenerd
                      Senior Member
                      • Nov 2009
                      • 942

                      So is this another loss? Sounds like it from the commentary but I didn't read the decision.
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                      Comment

                      • #12
                        Gray Peterson
                        Calguns Addict
                        • Jan 2005
                        • 5817

                        Originally posted by Apocalypsenerd
                        So is this another loss? Sounds like it from the commentary but I didn't read the decision.
                        There's no loss. This is asking the judge for an MSJ.

                        Comment

                        • #13
                          MP301
                          Veteran Member
                          • Oct 2008
                          • 4168

                          Originally posted by gunsmith
                          The Glock carriers are among the smartest and handsomest, no need to worry about them.
                          Yeah! Second only to us Sig guys!
                          Any Questions about Front Sight memberships or specific information about attending, Feel Free to send me a PM!

                          Comment

                          • #14
                            Gray Peterson
                            Calguns Addict
                            • Jan 2005
                            • 5817

                            Originally posted by MP301
                            Yeah! Second only to us Sig guys!
                            No gun manufacturer battles in my thread.

                            Comment

                            • #15
                              MP301
                              Veteran Member
                              • Oct 2008
                              • 4168

                              Originally posted by Gray Peterson
                              No gun manufacturer battles in my thread.
                              Sorry Gray, we will behave....
                              Any Questions about Front Sight memberships or specific information about attending, Feel Free to send me a PM!

                              Comment

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