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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel. |
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#281
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#282
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Sometimes when I read Gura's stuff I get happy
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Proud CGN Contributor USMC Pistol Team Alumni - Distinguished Pistol Shot Owner of multiple Constitutionally protected tools |
#283
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Gura's writing acknowledged that and may have even cemented the timing as next term.
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CGN's token life-long teetotaling vegetarian. Don't consider anything I post as advice or as anything more than opinion (if even that). |
#285
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#287
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Seeing as how I've worked a number of undesirable, underpaid crap jobs throughout the years.... I spent a lot of time working side by side with mek suckans and latinos. I tend to think I understand quite a bit about it.... We have what some people call "traditionals". These are the HARD WORKING LAW ABIDING scraping every penny to get their kids through school to have a better life. I knew 1, that came here illegally twice. And is currently here legally. His children were then born here legally as well. He is a very hard working, honest man that tries his best to instill the same qualities in his children. Then you have the 'others'.... A LOT of them..... Who let their kids run rampant and get into illegal activity, gangs, and what not. Unfortunately, there arent many Traditionals, but there are a LOT of 'others'. I very highly respect the Traditionals. The others need to be lead out of my country at gun point. |
#288
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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..
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Benefactor Life Member NRA, Life Member CRPA, CGN Contributor, US Army Veteran, Black Ribbon in Memoriam for the deceased 2nd Amendment |
#289
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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.
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Benefactor Life Member NRA, Life Member CRPA, CGN Contributor, US Army Veteran, Black Ribbon in Memoriam for the deceased 2nd Amendment |
#290
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Really.
Somehow I think this Alan Gura guy is really going places with this Constitutional Law stuff. Cap
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#291
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This is my favorite part of the brief.
"The only thing worse than explicitly refusing to enforce an enumerated constitutional right would be to declare a right “fundamental” while standing aside as lower courts render it worthless. Few outcomes could promote as much cynicism about our legal system. If this Court is unprepared to overrule Heller, it should reverse decisions such as that entered by the lower court here." |
#292
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Wow! I just read in the news that NY Bloomberg offered Alan Gura 52 Million Dollars to change sides!!!
www.foxnewstoday/5938475.com |
#293
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Nationwide Master List of Current 2A Cases, courtesy of Al Norris @ TFL. Reloading Clubs: SF, East Bay Case Status: Peña v. Cid (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). |
#295
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Yes, poke the SCOTUS tiger with a stick. If they bite it will be interesting and quite possibly productive for our rights. One time when "cynicism" is actually a good thing. Go team Gura!
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Last edited by kimber_ss; 03-28-2013 at 12:34 AM.. |
#296
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That's how I see it. Quote:
Yes, really. There's simply nothing to be gained by fighting that stuff here in the PRK. The ONLY way to win the fight is in SCOTUS. That's where Our Hero shines. The Raisuli
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"Ignorance is a steep hill with perilous rocks at the bottom" WTB: 9mm cylinder for Taurus Mod. 85 |
#297
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I agree. See my lower sig line quoting Don Kilmer,,,,,,
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#298
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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.
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NRA Life member, multi organization continued donor etc etc etc |
#299
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#300
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It won't be 60 days, barring highly unusual events. |
#301
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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.
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Benefactor Life Member NRA, Life Member CRPA, CGN Contributor, US Army Veteran, Black Ribbon in Memoriam for the deceased 2nd Amendment |
#302
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Benefactor Life Member NRA, Life Member CRPA, CGN Contributor, US Army Veteran, Black Ribbon in Memoriam for the deceased 2nd Amendment Last edited by advocatusdiaboli; 03-28-2013 at 12:15 PM.. |
#303
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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!"
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#304
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Thanks. Kilmer is right. That's why Gura is Our Hero. Quote:
Yes. I had thought that getting 'outside the home' recognized by the Circuits would do the trick. But that the 2nd Circuit would acknowledge 'outside the home,' while at the same time Ruling that anything less than strict scrutiny could be applied to a Right that is fundamental to American jurisprudence really surprised me. Still, you are correct. McDonald didn't make comments about the 2A being fundamental. It was the very basis of the Ruling. So, I'm confident that the Heller 5 won't let that nonsense stand. Add in that 'outside the home' seems to be conceded & the road to (imminent) victory is before us. Every trick used by the anti-Constitutionalists is based on two false beliefs: Heller only applied to in the home & strict scrutiny isn't required. With both of those gone, there's really nothing in the way of freedom. Of course, I've been wrong before, so keep that in mind. The Raisuli
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"Ignorance is a steep hill with perilous rocks at the bottom" WTB: 9mm cylinder for Taurus Mod. 85 |
#305
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Gura was as always absolutely brilliant. It's pretty obvious that he's getting frustrated with with SCOTUS' failure to slap down the ongoing and I think worsening judicial rebellion. I'm still not willing to bet so much as tomorrow's lunch money that SCOTUS has the will to grant cert and if not now then probably not for years. In my opinion that's why he felt that he had to rub their judicial noses in the fact that courts all over the country are thumbing their noses and waving their middle fingers at the Supreme Court and the justices.
The extra scary part is that if the Supreme Court doesn't put down the rebellion soon then you can count on lower courts to see that as a license to start interpreting Heller more and more narrowly until it's in the home only and then only on every 3rd February 29th and only while loaded with pixie dust bullets factory engraved with the owner's name and picture.
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"Government is the great fiction, through which everybody endeavors to live at the expense of everybody else." --FREDERIC BASTIAT-- Proud Life Member: National Rifle Association, the Second Amendment Foundation, and the California Rifle & Pistol Association |
#306
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"The only thing worse than explicitly refusing to enforce an enumerated constitutional right would be to declare a right “fundamental” while standing aside as lower courts render it worthless. Few outcomes could promote as much cynicism about our legal system. If this Court is unprepared to overrule Heller, it should reverse decisions such as that entered by the lower court here."
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"No free man shall ever be debarred the use of arms…" Thomas Jefferson, Proposed Virginia Constitution, 1776, Jefferson Papers 344. Disclaimer: Any posts by me are intended to be for informational purposes only and are not legal advice. No attorney/client relationship is formed. |
#307
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http://www.scotusblog.com/case-files...lsky-v-cacace/
Mar 27 2013 DISTRIBUTED for Conference of April 12, 2013 we'll know soon enough if they grant cert, 2 weeks?
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Steve |
#309
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#313
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Yeah, that's great to see! Most of the other issues they have on their watchlist are not as weighty and none deal with enumerated rights so directly. Looking at the other cases there, I can't see how they could ignore Kachalsky. Unless something happens to one of our Five, I'm quite certain we will get a good ruling on this.
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"Weakness is provocative." Senator Tom Cotton, president in 2024 Victoria "Tori" Rose Smith's life mattered. |
#314
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And what does this do for us
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#315
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Assuming SCOTUS does the right thing, this would clarify that "bear" means "carry," thus striking down "may issue" of carry permits in the absence of legal open carry.
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Get the hell off the beach. Get up and get moving. Follow Me! --Aubrey Newman, Col, 24th INF; at the Battle of Leyte Certainty of death... small chance of success... what are we waiting for? --Gimli, son of Gloin; on attacking the vast army of Mordor Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death! --Patrick Henry; Virginia, 1775 |
#318
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Is there something funny about that date or is it just me?...
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NRA Benefactor Member |
#319
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Counting down the days until the conference and hopefully the Cert grant. Watching this like a hawk. Ifcourt decides this case in our favor then may issue is gone and carry rights are recognized and a clearly and stronger 2A will emerge.
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#320
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A "win" won't be useful if it's a narrow shall-issue/carry ruling. Plenty of ways to neuter a shall-issue regime (most commonly by having lots of prohibited places, high fees, training requirements, limited times and places to apply, and/or too-frequent renewals), so I expect we will spend many more years in litigation.
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