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#281
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She has no standing to appeal, thats why she is asking to be made a party, to be given standing. She is using a special .gov version of a motion to intervene, but regular people can do it too under the right circumstances - see below.
There are to types of motions to intervene. One is a "right" and the other is "permissive". She is claiming a motion to intervene under Federal Rules of Civil Procedure 24(b)(2). For purposes of understanding both types of motions I will include the relevant statutes below. Quote:
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You think you know, but you have no idea. The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case. |
#282
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OP update to reflect filing of another motion to intervene by the Brady Campaign and The Law Center Against Gun Violence has filed an amicus(non-party) brief in support of Kamala Harris' motion to intervene.
Now all eyes are on this case…….
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You think you know, but you have no idea. The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case. Last edited by lorax3; 02-28-2014 at 11:23 AM.. |
#283
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Quote:
Can the NRA or other pro-2nd amendment groups at least do something to counter even if only symbolic?
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"Yeah, like... well, I just want to slap a hippie or two. Maybe even make them get jobs." |
#284
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That is probably what will happen. Peruta's attorneys will file an opposition to all the motions to intervene. After that other pro-gun groups like the NRA, etc can file amicus briefs in support of Peruta's motion in opposition of Kamala Harris' monition to intervene. (That's a mouthful)
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You think you know, but you have no idea. The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case. |
#286
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Quote:
http://www.calguns.net/calgunforum/s...9#post13549709
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NRA Member CRPA Member Don't yank on the trigger. It's not your pecker. Member #46312 |
#287
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Keep an eye on the first post here. We had an update from 2/25 that all appointments were cancelled. We are trying to stay ahead of the game here on Calguns
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You think you know, but you have no idea. The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case. |
#289
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I'm ready to put my application form in.
I haven't signed it yet though. Question: Is it better to hand it in person or is it OK to send it to the San Diego license office with return receipt requested. It is far far more convenient for me to post it. I did call up the license office and they said that posting will be fine. I just wanted to check with you guys. |
#290
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Quote:
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San Diego FFLs | San Diego ranges I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it. --Thomas Jefferson ** I had my San Diego County CCW... you can, too! |
#292
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If you failed to fill in your address or your good cause statement on your application you will likely get a call from the Sheriff's office to confirm that information.
Have at least 3 members so far who have received calls in the last 30 mins.
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You think you know, but you have no idea. The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case. Last edited by lorax3; 02-28-2014 at 3:11 PM.. |
#294
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Quote:
If you are passing out the tin-foil hats I'm a size 7 5/8. Damn giant noggin Sent from my iPhone using Tapatalk
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Batteries die...IRON LASTS FOREVER!!! |
#295
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Wow. So that means they ARE looking them over and not just letting them sit in the pile. What does that say? Maybe they think this is going to happen then. Or just want to send us denied letters? LOL
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"Yeah, like... well, I just want to slap a hippie or two. Maybe even make them get jobs." |
#296
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I had to fill out Sections 1-5 and all of section 7. She had me sign the three different "applicant" lines and give my reason for CCW. She stamped the back of my application and put it face down in a pile.
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#297
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They have 2 piles of Apps. One pile is for people that might qualify under the old program. The other pile are for people filing because of the recent court decision (aka: "Self Defense" as your good cause statement).
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.. .........STGC(SW) SAF Life Member NRA Benefactor |
#298
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Okay, some important developments.
Both Kamala Harris and the Brady Campaign have filed motions to intervene and motions to extend the time to request an en banc appeal. The court has granted the motions to extend time pending their review of the motions to intervene. They have also stayed the mandate pending review of the motions to intervene. Now for the English Part: The Court has stopped the clock on any and all current Peruta deadlines until it can decide wether or not to allow the Attorney General or the Brady Campaign to also be a party in this case. Previously we had our eyes set on March 6th, this date now means nothing. The court did not set a new deadline as to when it would rule on the motions to intervene. We will likely find out next week as both sides need to be given a chance to weigh in on this issue. We are once again in a holding pattern, but there will be lots of important updates next week. Stay tuned.
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You think you know, but you have no idea. The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case. Last edited by lorax3; 03-01-2014 at 5:23 PM.. |
#299
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This case seems to change day by day. Hopefully at minimum we get open carry back... But still staying hopeful for CCW! Illinois gives me hope haha, they just issued their first set of permits. (the state that was preciously no issue) |
#301
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In the event the ruling is overturned, my understanding is that the applications will just be tossed out.
Since they have not collected fees or fingerprinted us they unable to deny us.
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You think you know, but you have no idea. The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case. |
#302
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Question...On the application Section 3, if i only own 1 handgun at this time, obviously i list it, how can i add another, once purchased? Or should i wait to buy another then apply? Also, if the good cause is for "Self Defense" do i just write "self defense" or do i need to explain my reasoning?
Thanks, Mike Last edited by Rozay619; 03-04-2014 at 8:29 PM.. |
#304
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Richards v Prieto (Yolo County) has been decided at the 9th circuit level. We won again!!!!! This would seem to indicate that Peruta will stand, otherwise why would they hand down this decision!!!!!
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#305
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Woot woot! Hoping that its looking good for Cali! |
#306
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Submitted today:
- Sections 1-5 and 7 per clerk's instruction over the phone (did not fill 6,8) - No signatures, fees etc - Date was stamped on back of app - Requested receipt: clerk stamped the front of the app and gave the sheet back to me (he kept the rest) Felt like being at the DMV. People in the lobby were a cross section of society, and the employees haven't missed a meal |
#307
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This will certainly help. Another win thanks to Don Kilmer and you know who!
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.. .........STGC(SW) SAF Life Member NRA Benefactor |
#308
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Been searching google for the decision. Do you have a link?
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"Yo buddy, you still alive?" -Larry "Pixy" Foulke |
#309
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#310
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Quote:
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"Yo buddy, you still alive?" -Larry "Pixy" Foulke |
#311
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Apparently the 9th has given all parties 3 weeks to file a Response about the motions to intervene. It looks like March 6th no longer means anything.
Now we have to wait some more... http://michellawyers.com/wp-content/...-Intervene.pdf |
#312
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A little longer yes. OP Updated:
Update: 3/5/14: The court has given all interested parties until March 26th to submit briefs regarding their arguments on wether or the court should allow the Attorney General or Brady Campaign to intervene and become a party to this case. March 26th is only when the briefs are due. The court could later set a hearing date, or decide the issue without an additional hearing. The court's decision could be released on March 26th or anytime thereafter. If the motions are denied then the clock to release the mandate is reset to 7 days after the denial. We want the mandate to be issued. This is a good thing, we want the mandate to be issued so long as the opinion is not reversed.
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You think you know, but you have no idea. The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case. |
#313
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Little help here?!?!?
Question...On the application Section 3, if i only own 1 handgun at this time, obviously i list it, how can i add another, once purchased? Or should i wait to buy another then apply? |
#314
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I think you can add (or swap out) another one later on, with the obligatory form, fee & test.
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#316
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Don't list any guns. Just get the app in and get your place in line. You are not "applying", you're just getting a spot in line, that's all.
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San Diego FFLs | San Diego ranges I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it. --Thomas Jefferson ** I had my San Diego County CCW... you can, too! |
#317
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In a just Universe, their petitions will be thrown out. The full panel might still do an en banc hearing anyway, which is very dicey. But I have to imagine the political pressure to NOT review has to be intense... MD, NJ, NYC, HI want to keep their laws, and they know that one way or the other, a reversal in the Ninth means SCOTUS gets this case. IIRC SCOTUS denied cert in Woollard, but they have a current circuit split... if they take Peruta and remain honest and faithful to Heller and MacDonald, they have to kill "may-issue", and I bet the last few holdouts would be happy to see CA go under to save them for a couple more years.
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San Diego FFLs | San Diego ranges I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it. --Thomas Jefferson ** I had my San Diego County CCW... you can, too! |
#318
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Are fix it tickets considered moving violations? Last year I got fix it tickets for driving a trailer with a broken light and another one for not having a licence plate on the trailer. I was wondering if I should put those down on the application? They where taken care of.
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#319
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However I have no clue on weather u should list it or not. |
#320
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SDSO has posted a mini-FAQ at the bottom of their CCW page. The following questions are answered:
Quote:
__________________
You think you know, but you have no idea. The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case. |
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