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Teixeira v. Alameda (FFL Zoning)

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

    Teixeira v. Alameda (FFL Zoning)

    Teixeira v. Alameda
    Issue: FFL Zoning Restrictions

    Current Status:
    As of 12/11/2013 - Opening Brief at 9CA due 1/29/2014, Answer due 2/28/2014, Reply due 14 days after Answer.

    10/23/2013 - Docketed with 9CA (Case No.: 13-17132); Briefs due: Opening 1/29/2014, Answer 2/28/2014, Reply 14 days after Answer.
    10/21/2013 - Notice of Appeal filed with Trial Court.
    9/23/2013 - Judgment for Defendants.
    9/9/2013 - Motion to Dismiss granted with prejudice (order).
    8/2/2013 - Reply iso MTD.
    7/19/2013 - Response to MTD.
    7/8/2013 - MTD reset for 9/4/2013 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick.
    5/28/2013 - Motion to Dismiss FAC.


    Trial Court: N.D. Cal.
    Case No.: 4:12-cv-03288
    Docket: http://ia600408.us.archive.org/19/it...62.docket.html

    Appellate Court: 9CA
    Case No.: 13-17132
    Docket: http://ia601900.us.archive.org/30/it...32.docket.html


    Links:
    Alameda County Zoning Ordinance: http://library.municode.com/HTML/164...1/TIT17ZO.html
    Alameda County Land Use Planning Guides: http://www.acgov.org/cda/planning/ordinance/forms.htm
    CGF Wiki for this case: (none)
    CGF Wiki Litigation page: http://wiki.calgunsfoundation.org/Li...st_and_Present
    Last edited by fizux; 12-11-2013, 7:12 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
    eville
    Senior Member
    • May 2010
    • 902

    Anyone in court yesterday?
    Steve

    Comment

    • #3
      Tincon
      Mortuus Ergo Invictus
      CGN Contributor - Lifetime
      • Nov 2012
      • 5062

      Looks like another failure to get past the pleadings stage, congratulations Hokanson/CGF.
      My posts may contain general information related to the law, however, THEY ARE NOT LEGAL ADVICE AND I AM NOT A LAWYER. I recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between myself and any other person on the basis of these posts. Pronouns I may use (such as "you" and "your") do NOT refer to any particular person under any circumstance.

      Comment

      • #4
        eville
        Senior Member
        • May 2010
        • 902

        Link? Details?
        Steve

        Comment

        • #5
          FABIO GETS GOOSED!!!
          Veteran Member
          • Feb 2006
          • 3012

          This case is factually identical to Ezell and is headed for the 9th circuit where the anti-gun decision of the district court judge will either be overturned, or it will create a circuit split which will lead to Supreme Court review and a major 2A victory. Go CGF lit team!
          sigpic

          Comment

          • #6
            taperxz
            I need a LIFE!!
            • Feb 2010
            • 19395

            Originally posted by Tincon
            Looks like another failure to get past the pleadings stage, congratulations Hokanson/CGF.
            PERFECT, everything is going as planned then?

            Comment

            • #7
              NewGuy1911
              Senior Member
              • May 2010
              • 539

              Thanks FB,

              Hope you are with Calguns, that is to say with the firearms sports people.
              "Speak kindly to me, beloved master. Revel in my unconditional love, and give me every minute that you can spare, for my time with you is short."---Your faithful dog

              1911Tuner (That one's my own. I'm a rescuer. It's What I do.)

              Comment

              • #8
                Tincon
                Mortuus Ergo Invictus
                CGN Contributor - Lifetime
                • Nov 2012
                • 5062

                Originally posted by FABIO GETS GOOSED!!!
                This case is factually identical to Ezell and is headed for the 9th circuit where the anti-gun decision of the district court judge will either be overturned, or it will create a circuit split which will lead to Supreme Court review and a major 2A victory. Go CGF lit team!
                Go "Plan B"! I think I just figured out that what the B stands for.
                My posts may contain general information related to the law, however, THEY ARE NOT LEGAL ADVICE AND I AM NOT A LAWYER. I recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between myself and any other person on the basis of these posts. Pronouns I may use (such as "you" and "your") do NOT refer to any particular person under any circumstance.

                Comment

                • #9
                  wolfwood
                  Senior Member
                  • Mar 2012
                  • 1371

                  Originally posted by FABIO GETS GOOSED!!!
                  This case is factually identical to Ezell and is headed for the 9th circuit where the anti-gun decision of the district court judge will either be overturned, or it will create a circuit split which will lead to Supreme Court review and a major 2A victory. Go CGF lit team!
                  I actually have a fact pattern in Kaui arguably better than Ezell that I can not do due to fiances. I am hopeful for the day that the promised moment arrives when both gun lobbies bring properly plead, financed and proof read cases to Hawaii.
                  Last edited by wolfwood; 09-16-2013, 4:01 PM.

                  Comment

                  • #10
                    Tincon
                    Mortuus Ergo Invictus
                    CGN Contributor - Lifetime
                    • Nov 2012
                    • 5062

                    Originally posted by wolfwood
                    I actually have a fact pattern in Kaui arguably better than Ezell that I can not do due to fiances.
                    Thank your fiance(s) for me, I shudder to think of you filing another abortion like Baker.
                    My posts may contain general information related to the law, however, THEY ARE NOT LEGAL ADVICE AND I AM NOT A LAWYER. I recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between myself and any other person on the basis of these posts. Pronouns I may use (such as "you" and "your") do NOT refer to any particular person under any circumstance.

                    Comment

                    • #11
                      wolfwood
                      Senior Member
                      • Mar 2012
                      • 1371

                      Originally posted by Tincon
                      Thank your fiance(s) for me, I shudder to think of you filing another abortion like Baker.
                      Tincon find a single attorney that thinks the Ninth Circuit will find a rifle, shotgun and knife not protected by the second amendment when Heller explicitly notes that they are protected. I will win in Baker as to CCW and I will win in Young and possibly get remanded at the discretion of the Court. Please note no one has ever asked those truly hard questions either.
                      Trust me I am not done I just have something else in mind after Scalia explains what dangerous and unusual means that takes precedence. I want you to tell me how I lose. Please remember you originally took the position that there was no way a knife was protected by the Second Amendment despite it being listed in dicta as a arm. Perhaps it was your position that somehow a conclusion is identical to a prayer for relief. I have arguments tomorrow and will be back on appeal promptly to be honest.

                      I'd try to explain to you why a pro se litigant needed to be represented when his prayer for relief was ignored by a federal judge but I doubt you know or would even care about what that means for the state of our country when a article III judge think that will be left unchecked. What have you done for your country in your life. Anything or are you just a rich kid going to law school at UC Irvine who thinks he knows better than everyone else.

                      Btw here is my reply brief you can learn a little about weapons that way.b

                      Last edited by wolfwood; 09-16-2013, 4:51 PM.

                      Comment

                      • #12
                        kauaibuilt
                        Senior Member
                        • Apr 2010
                        • 1285

                        Originally posted by wolfwood
                        I actually have a fact pattern in Kaui arguably better than Ezell that I can not do due to fiances. I am hopeful for the day that the promised moment arrives when both gun lobbies bring properly plead, financed and proof read cases to Hawaii.
                        Whats going on on Kauai (unless you mean a family "Kaui").
                        sigpic

                        Comment

                        • #13
                          wolfwood
                          Senior Member
                          • Mar 2012
                          • 1371

                          There are some issues with the training with rifles to my understanding. Its not that it is banned its just no one has the money for to have a business
                          Lanai obviously has no ranges. A few of the other small islands as wellb. Lanai is a interesting one since its all private land except for the small city it would be a case of a business (the hotel) acting as the government
                          I know its next to Maui but there were ranges outside of chicago. Remember you need the permit to acquire and range time to get it. Some of the other small islands are like that. The Big Island has some issues to because you have to join the NRA to go to the one private range.
                          Last edited by wolfwood; 09-16-2013, 4:41 PM.

                          Comment

                          • #14
                            wolfwood
                            Senior Member
                            • Mar 2012
                            • 1371

                            Come on Tincon I am waiting. How do I lose? I am not even going to attempt to explain to you what I did to get a supplemental brief. A few typos perhaps when rule 52a explicitly addresses that? You keep saying I will lose. I want to know how I lose. I politely ignored your mistaken belief regarding the impact of asking for a directed verdict and whether knives are protected by the Second Amendment. Do you have any other grounds to criticize my litigation.

                            Moreover the fact you counted Mr. Michel's regulatory cases as Second Amendment wins means you do not even know that these are two separate bodies of law. However before you raise please note this already accorded by motion and went very badly for that group. I gave you the docket review i
                            Last edited by wolfwood; 09-16-2013, 6:32 PM.

                            Comment

                            • #15
                              kauaibuilt
                              Senior Member
                              • Apr 2010
                              • 1285

                              Originally posted by wolfwood
                              There are some issues with the training with rifles to my understanding. Its not that it is banned its just no one has the money for to have a business
                              Lanai obviously has no ranges. A few of the other small islands as wellb. Lanai is a interesting one since its all private land except for the small city it would be a case of a business (the hotel) acting as the government
                              I know its next to Maui but there were ranges outside of chicago. Remember you need the permit to acquire and range time to get it. Some of the other small islands are like that. The Big Island has some issues to because you have to join the NRA to go to the one private range.
                              I dont think Kauai has a range either. IIRC PMRF stopped civilian use of their range and I dont know of any others on the island - granted Ive been gone for a while but if you want I have some hunter friends that still live there that I can check with.
                              sigpic

                              Comment

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