2A and CA Mock Trial 2011-12012

[Teacher Sp Ed]

This year the issue in California's Mock Trial Program pretrial motion phase is "is the California Concealed Carry Statute unconstitutional as a violation of both the 2nd and 14th Amendments of the US Constitution".

The facts are that the defendent when arrested was carrying a loaded concealed handgun. He was of legal age and had fully complied with all of the Sheriffs requirements for a permit. The handgun was legally registered to him.

A panel of 4 Sheriff's deputies with a least 15 years experience met and discussed his application. Like the Sheriff's Department had done in all but 10 out of 117 cases in the last 5 years (8.5%) denied the application.

The 10 permits granted were to prosecutors, a federal judge and several merchants who transported high value merchandise.

Cases cited for review are Heller, McDonald, Peruta, Engstrum, Luedtke, Ellison and Yarbrough.

The law reviews (70 Md.L. Rev..1131), (7 Rutgers J.L. & Pub.Pol'y 359), (50 Santa Clara L. Rev. 1095) and (105 NW.U. L. Rev. Colloquy 72).

I have the honor of being the Teacher/Attorney Coach for my high school. This is the first time in 30 years that this District has fielded a team in Mock Trial competition.

It is an awesome responsibility.

[ILVSMOG]

Congratulations and good luck! I participated in Mock Trial when I was in High School and it was a great experience. It's good to hear that they're using a 2A related case as well. That's great exposure for the kids and gives teachers like you a perfect opportunity to educate them on 2A issues and debunk the FUD.

[ETD1010]

I did mock trial in High School.. It was so much fun. I would have LOVED to have had this as a case!!!!

[Ubermcoupe]

Awesome! Keep us posted about the details. Do they need role-players?

[sixtus]

I would happily be a roleplayer in this.

[Equis]

Sounds awesome, I did this also in high school. It was a great experience, we placed 2nd in our city. It was an achievment since my school was considered where all the thugs end up, we lost to the school where you needed a placement exam to get in.

[hoffmang]

You'll want to make sure to add the Richards v. Prieto briefs and the facts around Sacramento County settling into the prep.

-Gene

[PsychGuy274]

Will there be video or at least audio of this? This is awesome!!!

[sfpcservice]

Maybe Jason Davis would want to phone conference after the OP has reviewed the briefs and case law? Seems like a good opportunity to maximize our impression on the folks involved with the mock trial. I'd give him a call or at least get ahold of some of the CGF board members for some strategy tips! Good luck and sounds fun.

[Teacher Sp Ed]

I will contact Jason Davis, as far as legal research we can only refer to the cases and law reviews provided however any information that I can glean from other sources... amicus briefs etc. will benefit my students and help develop their thought process just cannot refer to them by name.

If any one else has suggestions about who I can talk to let me know. I have not put much in my profile section but I am an attorney, albeit m and a law. I now teach sp ed law at the university level and practice as a sp ed advocate.

We do 2 practice rounds at the end of Jan and 4 competitive rounds in Feb.

I will put out the request now that if any attorneys in the Alameda County are interested in serving as scorers or judges or are willing to come talk to my class. It would be appreciated

[anthonyca]

Have you heard of Don Kilmer? He is from San Jose and was the first lawyer ( before going en banc) to win a ruling saying that the second amendment was incorporated.

He has an interesting case now called Enos v Holder.

[sfpcservice]

Have you heard of Don Kilmer? He is from San Jose and was the first lawyer ( before going en banc) to win a ruling saying that the second amendment was incorporated.

He has an interesting case now called Enos v Holder.

+1

Any CGF Lawyer would be a great resource!

[Teacher Sp Ed]

I have been reading in this forum for several years and have been following the cases closely. I have permits from Utah and Florida. I will look at Enos. I need to find the thread with all of the Amicus Briefs for Peruta. That will provide good material for my students.

[kf6tac]

That's pretty awesome. CA Mock Trial had a 2nd Amendment-related pretrial motion back when I was in high school (~15 years ago), but it was a total stacked deck at that point. No good case law at all was provided in the materials, partially because there wasn't much that existed.

[Librarian]

I have been reading in this forum for several years and have been following the cases closely. I have permits from Utah and Florida. I will look at Enos. I need to find the thread with all of the Amicus Briefs for Peruta. That will provide good material for my students.

See this for Enos -- http://archive.recapthelaw.org/caed/215824/

and these -- http://wiki.calgunsfoundation.org/in...y_of_San_Diego, http://archive.recapthelaw.org/casd/308678/ -- for Peruta