![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
|
California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel. |
![]() |
|
Thread Tools | Display Modes |
|
#1
|
||||
|
||||
![]()
Earlier today, Alan Gura filed on behalf of individual plaintiffs and SAF this petition for cert to the US Supreme Court in the matter of Kachalsky v Cacace.
http://www.hoffmang.com/firearms/kac...2013-01-08.pdf This is asking SCOTUS to take and decide whether discretionary issuance of carry licenses is unconstitutional. It points out the circuit split with Moore in the 7th Circuit. Interestingly, IL filed for en-banc review in Moore arguing that that case did indeed create a circuit split. Filing: http://www.hoffmang.com/firearms/moo...2013-01-08.pdf This case has time to be granted this session (which ends in late June of 2013) but, if granted, would likely be orally argued at the beginning of the 2014 session which is fall of 2013. -Gene
__________________
Gene Hoffman Chairman, The Calguns Foundation DONATE NOW to support the rights of California gun owners. Follow @CalgunsFdn 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
![]() Last edited by hoffmang; 01-08-2013 at 8:24 PM.. Reason: misspelled Cacace |
#2
|
||||
|
||||
![]()
Been waiting for this!!!!
Expect all CA9 carry cases to be put on hold pending this case if it gets cert though.... Last edited by stix213; 01-08-2013 at 4:49 PM.. |
#3
|
|||
|
|||
![]()
Yeah this needs to happen, the sooner the better. Some of our five justices are getting old, and anyone picked by Obama is going to be a progressive activist, and young, and deeply hostile to all individual rights, except for the right to free stuff and open borders.
If we don't get this win now it will never happen. Is this the first "bear" case that's at this stage? Quote:
That's a good thing because one of the cases in CA9 is the Gorski case and it would be terrible if that went any further. It's a bummer that we will have to wait until late 2014 for our right to carry here in California's hold-out areas, but better late than never. I knew it would take years for this issue to get to a decision point. What are the odds of cert being granted on this case? I assume pretty high?
__________________
![]() |
#4
|
|||
|
|||
![]() Quote:
![]() lord knows the CA9 is a precursor of SCOTUS in the future if progressives and living document justices keep being nominated and approved....... God's speed to this case. I'll put money on it thinking that its going to be accepted ....... in the form of a SAF / CG donation
__________________
NRA Life member, multi organization continued donor etc etc etc Last edited by ddestruel; 01-08-2013 at 9:17 PM.. |
#5
|
||||
|
||||
![]() Quote:
Oh, yes! The Raisuli
__________________
"Ignorance is a steep hill with perilous rocks at the bottom" WTB: 9mm cylinder for Taurus Mod. 85 WTS: Model 94 AE 30-30 |
#7
|
||||
|
||||
![]() Quote:
Here in California we still have the AWB, special waiting periods, The Roster, longer waiting periods, the 10-round limit, numerous local restrictions and more and more every day. WTF? If he is our knight on a white horse, then we are truly screwed but it has never gotten better and only worse..
__________________
Benefactor Member NRA, Life Member CRPA, CGN Contributor, US Army Veteran ![]() — Not wasting any more time and energy tilting, Don Quixote-like, on a regulatory problem that, constitutionally, should not even exist in a free state. I cannot change the world unlike my hero Samuel Adams—but I can change my place in it. Gone fishin' for now and soon gone from California. |
#8
|
||||
|
||||
![]() Quote:
Here in California we still have the AWB, special waiting periods, The Roster, longer waiting periods, the 10-round limit, numerous local restrictions and more and more every day. WTF? If he is our knight on a white horse, then we are truly screwed for it has never gotten better and gotten worse with him as our champion. I laud him for helping teh rest of the nation so maybe the message is CA is lost for all time and they'll focus on saving what is left of the USA. So far anyway.
__________________
Benefactor Member NRA, Life Member CRPA, CGN Contributor, US Army Veteran ![]() — Not wasting any more time and energy tilting, Don Quixote-like, on a regulatory problem that, constitutionally, should not even exist in a free state. I cannot change the world unlike my hero Samuel Adams—but I can change my place in it. Gone fishin' for now and soon gone from California. |
#9
|
||||
|
||||
![]()
Really.
Somehow I think this Alan Gura guy is really going places with this Constitutional Law stuff. ![]() Cap
__________________
Quote:
![]() |
#10
|
||||
|
||||
![]() Quote:
I love his style: cogent, concise, and compelling. And SCOTUS listens, but the PRK coud give a d@mn if and SCOTUS has done NOTHING about the PRK's refusals. That's why I doubted the "everywhere" and now CO, NJ, and NY have joined not everywhere land. The big wins of McDonald and Heller have done nothing for us in the PRK ruled by the Caliban, in fact things have been getting worse since them.
__________________
Benefactor Member NRA, Life Member CRPA, CGN Contributor, US Army Veteran ![]() — Not wasting any more time and energy tilting, Don Quixote-like, on a regulatory problem that, constitutionally, should not even exist in a free state. I cannot change the world unlike my hero Samuel Adams—but I can change my place in it. Gone fishin' for now and soon gone from California. |
#11
|
|||
|
|||
![]() Quote:
The courts in the 9th circus tend to have a uncanny ability to weasle their way around cases ruling and remanding back to a lower court or finding a reason to delay upon delay. other circuit courts seem to be interested in at least ruling on the 2nd allowing ti to at least be challenged in a timely fashion ...... no matter what SCOTUS applies universally so relief will come to CA over time remember you've only had this recognized individual right for a few years and each of these challenges asking for specific clearification takes time to find the right case and structure the right question and get it througha court system that wont delay or claim no standing.
__________________
NRA Life member, multi organization continued donor etc etc etc |
#12
|
||||
|
||||
![]() Quote:
__________________
Benefactor Member NRA, Life Member CRPA, CGN Contributor, US Army Veteran ![]() — Not wasting any more time and energy tilting, Don Quixote-like, on a regulatory problem that, constitutionally, should not even exist in a free state. I cannot change the world unlike my hero Samuel Adams—but I can change my place in it. Gone fishin' for now and soon gone from California. Last edited by advocatusdiaboli; 03-28-2013 at 12:15 PM.. |
#13
|
||||
|
||||
![]()
As a reminder to all, this matter is not a California only issue. It is a national battle and the best overall cases, that if won will impact this state as well, are from back East. And look how far we've come: Kachalsky is scheduled for an April 12 cert conference; orals are done in Piszozatoksi; Wollard and (possibly) Moore are in play. There are four sound cases, all similar in a material way, argued on our behalf by the best in the field. We are at the end game. The liberals have to win all; we have only to win one and the world shifts and takes California with it. As our friends say, this being Passover week, "Next year in Jerusalem!"
__________________
America -- once a country, now a game show. |
#17
|
||||
|
||||
![]()
This is good to see. Guidance from SCOTUS on bear will be a big turning point.
__________________
Quote:
![]() |
#18
|
||||
|
||||
![]()
WooHoo!!
Gura Gura Gura ![]() ![]() ![]()
__________________
|
#20
|
||||
|
||||
![]()
Go Alan go. I wonder if this would put another nail in the gun banners coffin if the ruling goes our way?
__________________
http://govnews.ca.gov/gov39mail/mail.php ![]() Quote:
contact the governor https://govnews.ca.gov/gov39mail/mail.php In Memory of Spc Torres May 5th 2006 al-Hillah, Iraq. I will miss you my friend. When Hell is full the dead will walk the Earth. (Dawn of the Dead) NRA Life Member. |
#24
|
||||
|
||||
![]() Quote:
The split gives this case pretty decent odds. Not very common and it's another common impetus that would drive a cert grant as well. Said another way - SCOTUS looks closely at cases that went en-banc at the cert stage. However, the fact that Moore is out there is good for the Kachalsky petition. -Gene
__________________
Gene Hoffman Chairman, The Calguns Foundation DONATE NOW to support the rights of California gun owners. Follow @CalgunsFdn 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
![]() |
#25
|
|||
|
|||
![]() Quote:
I like the tone of urgency in this brief, because it is urgent. This is the last shot. We may never again have a conservative majority on SCOTUS.
__________________
![]() |
#26
|
||||
|
||||
![]()
Good news. I hope to see this one turn out well.
__________________
People don't like to be meddled with. We tell them what to do, what to think, don't run, don't walk. We're in their homes and in their heads and we haven't the right. We're meddlesome. --River Tam |
#28
|
||||
|
||||
![]()
I'd like to know the answer here as well. Is it too late for a 2013 decision?
|
#29
|
|||
|
|||
![]()
Most likely yes. It would take everything falling perfectly to even have a chance to be heard this term. However, we'll almost definitely have a decision on whether or not to hear the case before the end of this term.
|
#31
|
||||
|
||||
![]()
Gura is awesome here as usual.
This bit is pure gold: Quote:
![]()
__________________
The Constitution is not "the Supreme Law of the Land, except in the face of contradicting law which has not yet been overturned by the courts". It is THE SUPREME LAW OF THE LAND, PERIOD. You break your oath to uphold the Constitution if you don't refuse to enforce unadjudicated laws you believe are Unconstitutional. The real world laughs at optimism. And here's why. |
#32
|
|||
|
|||
![]() ![]() Thanks Gene, this is great news! And I will admonish my fellow Calguns members here to please support the SAF and if you have already done so, thank you and maybe do a little bit more! Sorry, however I have to ask....how much influence will recent events (criminal, political, etc.) have on SCOTUS and specifically the Heller five in regards to granting cert here? |
#33
|
||||
|
||||
![]()
There are certainly some gems in this one.....and I am only about halfway done.
__________________
![]() ![]() Quote:
Quote:
|
#34
|
||||
|
||||
![]() Quote:
Quote:
-Gene
__________________
Gene Hoffman Chairman, The Calguns Foundation DONATE NOW to support the rights of California gun owners. Follow @CalgunsFdn 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
![]() |
#35
|
|||
|
|||
![]()
I'm an atheist but I think I'll get down on my knees and PRAY that no conservative member of the SCOTUS dies between now and then!!
__________________
Things usually turn out best for those who make the best of how things turn out. ![]() |
#36
|
|||
|
|||
![]()
Amen to that and God Bless you!
|
#37
|
||||
|
||||
![]() Quote:
That's cool, but to whom will you pray? ![]() |
#39
|
||||
|
||||
![]()
God bless that man. Hopefully this gets through quick and is a win. Then maybe we can work on the extortion fees that is ccw permits after it goes shall issue. Seriously. My last three states of residence dont charge over 300 to get a permit.
|
![]() |
Thread Tools | |
Display Modes | |
|
|
![]() |
![]() |
![]() |