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Peruta and Richards. With AB 144, what's next?

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  • notme92069
    Senior Member
    • Dec 2009
    • 856

    Peruta and Richards. With AB 144, what's next?

    With the passage of AB144, what will happen, and when? What are the next steps for these cases?
    NRA Member
    CRPA Member
    Don't yank on the trigger. It's not your pecker.
    Member #46312
  • #2
    1JimMarch
    Senior Member
    • Jul 2008
    • 1803

    I would think that a "notice of new authority" should be filed in each by the attorneys. I assume it would be similar to what happens when a new higher-court case comes down, except this is in fact a change in law. As each case is at the appeals court level but not yet decided, such news could be filed before a decision comes down.

    I don't know if oral arguments have happened in either at the appeals court level.

    Is it possible to go back to the deciding judges and say "hey, the basis for your decision has just changed out from under you!"?

    Comment

    • #3
      Purple K
      CGN/CGSSA Contributor
      CGN ContributorCGN Contributor - Lifetime
      • Dec 2008
      • 3101

      Originally posted by 1JimMarch
      I would think that a "notice of new authority" should be filed in each by the attorneys. I assume it would be similar to what happens when a new higher-court case comes down, except this is in fact a change in law. As each case is at the appeals court level but not yet decided, such news could be filed before a decision comes down.

      I don't know if oral arguments have happened in either at the appeals court level.

      Is it possible to go back to the deciding judges and say "hey, the basis for your decision has just changed out from under you!"?
      I think its called GVR
      sigpic

      Comment

      • #4
        hoffmang
        I need a LIFE!!
        • Apr 2006
        • 18448

        The reply brief in Richards is due shortly.

        -Gene
        Gene Hoffman
        Chairman, California Gun Rights Foundation

        DONATE NOW
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        "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon

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        • #5
          Liberty1
          Calguns Addict
          • Apr 2007
          • 5541

          What is most likely to happen, the appellate ct decides the issue or sends it back to district?
          False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that has no remedy for evils except destruction. The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes.
          -- Cesare Beccaria http://www.a-human-right.com/

          Comment

          • #6
            Crom
            Senior Member
            • Feb 2010
            • 1619

            Basically some briefs will be filed with the court, a case management schedule will be established and agreed upon and then oral arguments will be scheduled. Once the court hears the arguments, the court will affirm or reverse the lower courts ruling.

            I think both Richards and Peruta have had their schedules set... I think there is some action scheduled in November for Peruta, can't remember, must find link...

            Looking forward to the new brief in Richards.

            The Appeals Process

            Comment

            • #7
              Wherryj
              I need a LIFE!!
              • Mar 2010
              • 11085

              Originally posted by hoffmang
              The reply brief in Richards is due shortly.

              -Gene
              It appears that CA politicians are entirely committed to protecting the job security of all of the lawyers at CGF/2AF/NRA.
              "What is a moderate interpretation of the text? Halfway between what it really means and what you'd like it to mean?"
              -Antonin Scalia, Supreme Court Justice
              "Know guns, know peace, know safety. No guns, no peace, no safety.
              I like my guns like the left likes their voters-"undocumented".

              Comment

              • #8
                hoffmang
                I need a LIFE!!
                • Apr 2006
                • 18448

                Originally posted by Wherryj
                It appears that CA politicians are entirely committed to protecting the job security of all of the lawyers at CGF/2AF/NRA.
                CA State keeps running up bills for Counties to pay. More power to 'em.

                -Gene
                Gene Hoffman
                Chairman, California Gun Rights Foundation

                DONATE NOW
                to support the rights of California gun owners. Follow @cgfgunrights on Twitter.
                Opinions posted in this account are my own and not the approved position of any organization.
                I read PMs. But, if you need a response, include an email address or email me directly!


                "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon

                Comment

                • #9
                  yellowfin
                  Calguns Addict
                  • Nov 2007
                  • 8371

                  I guess the attorneys should demand a stadium or other piece of property as payment--a check that big is probably going to bounce if it comes from a CA municipality.
                  "You can't stop insane people from doing insane things with insane laws. That's insane!" -- Penn Jillette
                  Originally posted by indiandave
                  In Pennsylvania Your permit to carry concealed is called a License to carry fire arms. Other states call it a CCW. In New Jersey it's called a crime.
                  Discretionary Issue is the new Separate but Equal.

                  Comment

                  • #10
                    Rossi357
                    Senior Member
                    • May 2010
                    • 1229

                    Originally posted by yellowfin
                    I guess the attorneys should demand a stadium or other piece of property as payment--a check that big is probably going to bounce if it comes from a CA municipality.
                    Change Petco Park to Second Amendment Park.

                    Comment

                    • #11
                      Liberty1
                      Calguns Addict
                      • Apr 2007
                      • 5541

                      Originally posted by hoffmang
                      CA State keeps running up bills for Counties to pay. More power to 'em.

                      -Gene
                      Yolo can handle it. What's a mere million to share between Messrs Gura, Kilmer, & Davis? Yolo is rolling in tax receipts: http://sacramento.cbslocal.com/2011/...ayoffs-jobs-9/
                      False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that has no remedy for evils except destruction. The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes.
                      -- Cesare Beccaria http://www.a-human-right.com/

                      Comment

                      • #12
                        freonr22
                        I need a LIFE!!
                        • Dec 2008
                        • 12945

                        Liberty, in that article, If its accurate, they indicate a $2.8 budget deficit. that's 2 dollars and 80 cents. Maybe my phone read it wrong
                        sigpic
                        Originally posted by dantodd
                        We will win. We are right. We will never stop fighting.
                        Originally posted by bwiese
                        They don't believe it's possible, but then Alison didn't believe there'd be 350K - 400K OLLs in CA either.
                        Originally posted by louisianagirl
                        Our fate is ours alone to decide as long as we remain armed heavily enough to dictate it.

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                        • #13
                          pointedstick
                          Senior Member
                          • May 2009
                          • 566

                          Originally posted by freonr22
                          Liberty, in that article, If its accurate, they indicate a $2.8 budget deficit. that's 2 dollars and 80 cents. Maybe my phone read it wrong
                          Nah, just some sterling journalism!

                          Comment

                          • #14
                            Liberty1
                            Calguns Addict
                            • Apr 2007
                            • 5541

                            Originally posted by freonr22
                            Liberty, in that article, If its accurate, they indicate a $2.8 budget deficit. that's 2 dollars and 80 cents. Maybe my phone read it wrong
                            And yet they lost 10 deputies. That's about $0.28 per deputy/year!!!
                            False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that has no remedy for evils except destruction. The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes.
                            -- Cesare Beccaria http://www.a-human-right.com/

                            Comment

                            • #15
                              hoffmang
                              I need a LIFE!!
                              • Apr 2006
                              • 18448

                              Originally posted by Liberty1
                              And yet they lost 10 deputies. That's about $0.28 per deputy/year!!!
                              Because people are safer when they disarm the law abiding at the expense of deputies on the streets!

                              -Gene
                              Gene Hoffman
                              Chairman, California Gun Rights Foundation

                              DONATE NOW
                              to support the rights of California gun owners. Follow @cgfgunrights on Twitter.
                              Opinions posted in this account are my own and not the approved position of any organization.
                              I read PMs. But, if you need a response, include an email address or email me directly!


                              "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon

                              Comment

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