Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > POLITICS, LITIGATION AND ACTIVISM > 2nd Amend. Litigation Updates & Legal Discussion
Register FAQ Members List Calendar Mark Forums Read

2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel.

Reply
 
Thread Tools Display Modes
  #201  
Old 05-24-2018, 7:14 PM
CalAlumnus's Avatar
CalAlumnus CalAlumnus is offline
Senior Member
 
Join Date: Nov 2014
Location: Texas
Posts: 817
iTrader: 0 / 0%
Default

Quote:
Originally Posted by press1280 View Post
I really didn't get the gist of this case. It was supposedly open carry but they were asking for CCW permits as relief?
My take is that they were asking for any form of carry. They said that since open carry is banned, their only option was concealed. But that is effectively banned in many areas by the “good cause” requirement.

The ruling sought is effectively, “Some form of carry is protected under the Constitution; the Legislature can regulate whether it is open or concealed.”

Obviously this is broad strokes, but someone correct me if I’m totally wrong.
Reply With Quote
  #202  
Old 05-26-2018, 3:50 AM
press1280 press1280 is offline
Veteran Member
 
Join Date: Mar 2009
Location: WV
Posts: 3,017
iTrader: 0 / 0%
Default

Quote:
Originally Posted by CalAlumnus View Post
My take is that they were asking for any form of carry. They said that since open carry is banned, their only option was concealed. But that is effectively banned in many areas by the “good cause” requirement.

The ruling sought is effectively, “Some form of carry is protected under the Constitution; the Legislature can regulate whether it is open or concealed.”

Obviously this is broad strokes, but someone correct me if I’m totally wrong.
That's basically what they argued in Peruta. I'm not aware that they even challenged the actual OC statutes or asked for OC licenses.
Reply With Quote
  #203  
Old 05-26-2018, 5:45 AM
CalAlumnus's Avatar
CalAlumnus CalAlumnus is offline
Senior Member
 
Join Date: Nov 2014
Location: Texas
Posts: 817
iTrader: 0 / 0%
Default

Quote:
Originally Posted by press1280 View Post
That's basically what they argued in Peruta. I'm not aware that they even challenged the actual OC statutes or asked for OC licenses.
No, Peruta was about concealed only, with the final ruling saying that “concealed carry isn’t protected.”

Peruta started before open carry was (effectively) banned, which limited its ability to argue that some form of carry was protected.
Reply With Quote
  #204  
Old 05-26-2018, 6:10 AM
press1280 press1280 is offline
Veteran Member
 
Join Date: Mar 2009
Location: WV
Posts: 3,017
iTrader: 0 / 0%
Default

Right, I mean Flanagan didn't challenge the OC statutes. Peruta clearly didnt.
Reply With Quote
  #205  
Old 06-08-2018, 12:44 AM
JaredKaragen JaredKaragen is offline
Member
 
Join Date: Jan 2014
Posts: 271
iTrader: 1 / 100%
Default

"I've been denied concealed, I must be provided some form of..."

Makes perfect sense to me as an argument....
Reply With Quote
  #206  
Old 06-08-2018, 1:45 AM
tenemae's Avatar
tenemae tenemae is offline
code Monkey
CGN Contributor - Lifetime
 
Join Date: Jun 2010
Location: A burned-out Best Buy
Posts: 1,675
iTrader: 1 / 100%
Default

Quote:
Originally Posted by JaredKaragen View Post
"I've been denied concealed, I must be provided some form of..."

Makes perfect sense to me as an argument....
As far as the courts are concerned (from the decisions I've read), the method of carry they've provided is: "You can shove it up your ..."
Reply With Quote
  #207  
Old 06-08-2018, 8:25 PM
wolfwood's Avatar
wolfwood wolfwood is offline
Senior Member
 
Join Date: Mar 2012
Location: San Diego
Posts: 1,370
iTrader: 0 / 0%
Default

The NRA just filed its notice of appeal
Reply With Quote
  #208  
Old 06-09-2018, 7:11 AM
sfpcservice's Avatar
sfpcservice sfpcservice is offline
Senior Member
 
Join Date: Jan 2009
Location: Suisun City
Posts: 1,877
iTrader: 0 / 0%
Default

Could it now get stayed pending the outcome of young? Or possibly rolled in?
__________________
http://theresedoksheim.files.wordpress.com/2010/03/gridlock.jpg


John 14:6
Reply With Quote
  #209  
Old 06-10-2018, 10:43 AM
wolfwood's Avatar
wolfwood wolfwood is offline
Senior Member
 
Join Date: Mar 2012
Location: San Diego
Posts: 1,370
iTrader: 0 / 0%
Default

Quote:
Originally Posted by sfpcservice View Post
Could it now get stayed pending the outcome of young? Or possibly rolled in?
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 06/12/2018. Transcript ordered by 07/05/2018. Transcript due 08/03/2018. Appellants California Rifle & Pistol Association, Inc., Michelle Flanagan, Samuel Golden, Dominic Nardone and Jacob Perkio opening brief due 09/12/2018. Appellee Xavier Becerra answering brief due 10/12/2018. Appellant's optional reply brief is due 21 days after service of the answering brief. [10897314] (JBS) [Entered: 06/05/2018 02:39 PM]

Hopefully a decision in young will come out before their first brief is due. If not it might get stayed. It will not be rolled in.

Of course Nichols needs to be decided before Flanagan and that is directly on CA law.

Last edited by wolfwood; 06-10-2018 at 10:46 AM..
Reply With Quote
  #210  
Old 07-26-2018, 8:51 AM
ritter ritter is offline
Senior Member
 
Join Date: May 2011
Location: North Bay Area
Posts: 795
iTrader: 3 / 100%
Default

Quote:
Originally Posted by wolfwood View Post
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 06/12/2018. Transcript ordered by 07/05/2018. Transcript due 08/03/2018. Appellants California Rifle & Pistol Association, Inc., Michelle Flanagan, Samuel Golden, Dominic Nardone and Jacob Perkio opening brief due 09/12/2018. Appellee Xavier Becerra answering brief due 10/12/2018. Appellant's optional reply brief is due 21 days after service of the answering brief. [10897314] (JBS) [Entered: 06/05/2018 02:39 PM]

Hopefully a decision in young will come out before their first brief is due. If not it might get stayed. It will not be rolled in.

Of course Nichols needs to be decided before Flanagan and that is directly on CA law.
Wolfwood,

When time permits, I'd love an updated analysis on this in light of your excellent (temporary or otherwise) Young decision.

Many thanks for your work.
Reply With Quote
  #211  
Old 07-26-2018, 1:16 PM
Chewy65 Chewy65 is offline
Calguns Addict
 
Join Date: Dec 2013
Posts: 5,017
iTrader: 0 / 0%
Default

The decision in Young v Harris is out but I do not believe final until time runs for moving for reconsideration, an en banc hearing, or a stay is granted pending petition for a writ. Meanwhile, even if it cannot be cited as precedent you bet it will be raised in the opening brief.
Reply With Quote
  #212  
Old 07-26-2018, 1:49 PM
Drivedabizness's Avatar
Drivedabizness Drivedabizness is offline
Veteran Member
 
Join Date: Dec 2009
Location: Nevada City, CA
Posts: 2,587
iTrader: 5 / 100%
Default

Time will not "run out". 9CA rules say they can exceed time periods at their discretion (just like what happened in Peruta when the time for sua sponte had run out and they did it anyway).
__________________
Proud CGN Contributor
USMC Pistol Team Alumni - Distinguished Pistol Shot
Owner of multiple Constitutionally protected tools
Reply With Quote
  #213  
Old 07-26-2018, 2:30 PM
press1280 press1280 is offline
Veteran Member
 
Join Date: Mar 2009
Location: WV
Posts: 3,017
iTrader: 0 / 0%
Default

Quote:
Originally Posted by Drivedabizness View Post
Time will not "run out". 9CA rules say they can exceed time periods at their discretion (just like what happened in Peruta when the time for sua sponte had run out and they did it anyway).
That took a YEAR btw
Reply With Quote
  #214  
Old 07-26-2018, 2:30 PM
ritter ritter is offline
Senior Member
 
Join Date: May 2011
Location: North Bay Area
Posts: 795
iTrader: 3 / 100%
Default

A question I have is why we (the courts) are still arguing over whether or not 2A equals keep and bear. Heller was pretty specific. After lengthy discussion of what those terms meant in the historical context, it states:

Quote:
Meaning of the Operative Clause. Putting all of these textual elements together, we find that they guarantee the individual right to possess and carry weapons in case of confrontation.
The DC Circuit Court picked up on that in Wrenn:
Quote:
This reading finds support in parts of Heller I that speak louder than the Court’s aside about where the need for guns is “most acute.” That remark appears when Heller I turns to the particular ban on possession at issue there. By then the Court has spent over fifty pages giving independent and seemingly equal treatments to the right to “keep” and to “bear,” first defining those “phrases” and then teasing out their implications. See id. at 570-628. In that long preliminary analysis, the Court elaborates that to “bear” means to “‘wear, bear, or carry . . . upon the person or in the clothing or in a pocket, for the purpose . . . of being armed and ready for offensive or defensive action in a case of conflict with another person.’” Id. at 584 (quoting Muscarello v. United States, 524 U.S. 125, 143 (1998) (Ginsburg, J., dissenting)). That definition shows that the Amendment’s core must span, in the Court’s own words, the “right to possess and carry weapons in case of confrontation.” Id. at 592 (emphasis added).
Am I missing something here or must there be an endless round of court cases to reprove/disprove what the US Supreme Court has already ruled?
Reply With Quote
  #215  
Old 07-27-2018, 1:00 PM
Drivedabizness's Avatar
Drivedabizness Drivedabizness is offline
Veteran Member
 
Join Date: Dec 2009
Location: Nevada City, CA
Posts: 2,587
iTrader: 5 / 100%
Default

There already has been and it will continue until SCOTUS weighs in on carry, feature & capacity bans of arms in common use, waiting periods, rosters, etc.

AND after SCOTUS weighs in, recalcitrant States like CA will have to be sued item by item - unless Congress passes civil rights legislation (like the Voting Rights Act) that says certain States who have abused peoples rights cannot legislate on those areas without first getting Federal permission. I'd be cool with that here in CA - as long as we had the clear SCOTUS / Federal law guidance I mentioned.
__________________
Proud CGN Contributor
USMC Pistol Team Alumni - Distinguished Pistol Shot
Owner of multiple Constitutionally protected tools

Last edited by Drivedabizness; 07-27-2018 at 1:00 PM.. Reason: spelling
Reply With Quote
  #216  
Old 09-21-2018, 10:22 AM
wolfwood's Avatar
wolfwood wolfwood is offline
Senior Member
 
Join Date: Mar 2012
Location: San Diego
Posts: 1,370
iTrader: 0 / 0%
Default

https://www.scribd.com/document/3891...cerra-Petition

petition for initial en banc
Reply With Quote
  #217  
Old 09-21-2018, 10:48 AM
taperxz taperxz is offline
I need a LIFE!!
 
Join Date: Feb 2010
Location: USA
Posts: 19,359
iTrader: 15 / 100%
Default

Quote:
Originally Posted by wolfwood View Post
What exactly does this mean for Young? If there is an en banc panel?
Reply With Quote
  #218  
Old 09-21-2018, 11:26 AM
wolfwood's Avatar
wolfwood wolfwood is offline
Senior Member
 
Join Date: Mar 2012
Location: San Diego
Posts: 1,370
iTrader: 0 / 0%
Default

Quote:
Originally Posted by taperxz View Post
What exactly does this mean for Young? If there is an en banc panel?
I am not going to talk about that until the response is done.
Reply With Quote
  #219  
Old 09-21-2018, 11:39 AM
taperxz taperxz is offline
I need a LIFE!!
 
Join Date: Feb 2010
Location: USA
Posts: 19,359
iTrader: 15 / 100%
Default

Quote:
Originally Posted by wolfwood View Post
I am not going to talk about that until the response is done.
Sorry about that. Ya, probably a good idea.
Reply With Quote
  #220  
Old 09-21-2018, 2:24 PM
press1280 press1280 is offline
Veteran Member
 
Join Date: Mar 2009
Location: WV
Posts: 3,017
iTrader: 0 / 0%
Default

Quote:
Originally Posted by taperxz View Post
What exactly does this mean for Young? If there is an en banc panel?
CA wants to "tag along" and have Flanagan and young heard together IF there's en banc I guess just to get their 2 cents in?
Reply With Quote
  #221  
Old 09-21-2018, 2:31 PM
mshill mshill is offline
Veteran Member
 
Join Date: Dec 2012
Location: Beyond the reach...
Posts: 4,227
iTrader: 8 / 100%
Default

Quote:
Originally Posted by wolfwood View Post
Quote:
The record here includes an expert report (and deposition testimony) by a leading empirical researcher, Stanford Law Professor John Donohue, concluding that right-to-carry regimes akin to the ones sought by the plaintiffs in this case and in Young “substantially raise[] overall violent crime”
Hmmmmmmmm..... bull****!
__________________
Quote:
The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money.
Reply With Quote
  #222  
Old 09-21-2018, 3:22 PM
TruOil TruOil is offline
Senior Member
 
Join Date: Jul 2017
Posts: 1,831
iTrader: 0 / 0%
Default

Since when is California's open carry ban a "long standing regulation" that is "presumptively lawful?" I mean like, really? Five years is enough to be "long standing"? NOT! Moreover, it was not until 1968 fifty years ago, that the State imposed open unloaded because the Legislature was afraid of the Black Panthers prowling the Capitol Building.
On top of all that, the petition states that the plaintiffs and defendants submitted conflicting expert reports as to the effect of open carry laws--yet the judge granted summary judgment for the State? The rule on summary judgment is that if there are any disputed issues of fact, the case must be heard by a jury. (Not that this is the first time I have seen a federal trial court judge decide cases despite the conflicts.)
Reply With Quote
  #223  
Old 09-23-2018, 3:19 AM
press1280 press1280 is offline
Veteran Member
 
Join Date: Mar 2009
Location: WV
Posts: 3,017
iTrader: 0 / 0%
Default

Quote:
Originally Posted by TruOil View Post
Since when is California's open carry ban a "long standing regulation" that is "presumptively lawful?" I mean like, really? Five years is enough to be "long standing"? NOT! Moreover, it was not until 1968 fifty years ago, that the State imposed open unloaded because the Legislature was afraid of the Black Panthers prowling the Capitol Building.
On top of all that, the petition states that the plaintiffs and defendants submitted conflicting expert reports as to the effect of open carry laws--yet the judge granted summary judgment for the State? The rule on summary judgment is that if there are any disputed issues of fact, the case must be heard by a jury. (Not that this is the first time I have seen a federal trial court judge decide cases despite the conflicts.)
It almost doesn't matter. The 3rd Circuit ignored the fact that NJ didn't incorporate open carry into the permit scheme until 1966, and instead used the CC permit scheme date of the 1920's to show it was "longstanding". I suspect CA9 might try the same tact.
It goes along with what these anti judges have been doing the whole time, and justify a law by pointing to some other laws' existence.
Reply With Quote
  #224  
Old 09-24-2018, 1:22 PM
TruOil TruOil is offline
Senior Member
 
Join Date: Jul 2017
Posts: 1,831
iTrader: 0 / 0%
Default

Quote:
Originally Posted by press1280 View Post
It almost doesn't matter. The 3rd Circuit ignored the fact that NJ didn't incorporate open carry into the permit scheme until 1966, and instead used the CC permit scheme date of the 1920's to show it was "longstanding". I suspect CA9 might try the same tact.
It goes along with what these anti judges have been doing the whole time, and justify a law by pointing to some other laws' existence.
It seems inevitable that they will come up with some excuse....
Reply With Quote
  #225  
Old 09-24-2018, 6:38 PM
stag6.8 stag6.8 is offline
Senior Member
 
Join Date: Jun 2007
Posts: 1,305
iTrader: 1 / 100%
Default

Hey...correct me if im wrong...but..are the defendants trying to go for an enbanc trial BEFORE going to a three judge panel of appeals on this case? is that possible?
Reply With Quote
  #226  
Old 09-24-2018, 9:11 PM
TruOil TruOil is offline
Senior Member
 
Join Date: Jul 2017
Posts: 1,831
iTrader: 0 / 0%
Default

Quote:
Originally Posted by stag6.8 View Post
Hey...correct me if im wrong...but..are the defendants trying to go for an enbanc trial BEFORE going to a three judge panel of appeals on this case? is that possible?
Although it is not a trial but an appeal, yes, that is exactly what they are trying to do, and yes, it is possible. The alternative is that Flanagan would get stayed pending the determination in Young.
Reply With Quote
  #227  
Old 09-25-2018, 4:26 PM
stag6.8 stag6.8 is offline
Senior Member
 
Join Date: Jun 2007
Posts: 1,305
iTrader: 1 / 100%
Default

Quote:
Originally Posted by TruOil View Post
Although it is not a trial but an appeal, yes, that is exactly what they are trying to do, and yes, it is possible. The alternative is that Flanagan would get stayed pending the determination in Young.
so that means if flanagan merges with young, sucessfully goes enbanc and it gets denied like peruta..that means it gets fastracked to SCOTUS? Am I correct?
Reply With Quote
  #228  
Old 09-25-2018, 4:52 PM
TruOil TruOil is offline
Senior Member
 
Join Date: Jul 2017
Posts: 1,831
iTrader: 0 / 0%
Default

Quote:
Originally Posted by stag6.8 View Post
so that means if flanagan merges with young, sucessfully goes enbanc and it gets denied like peruta..that means it gets fastracked to SCOTUS? Am I correct?
Certainly faster than if it has to trail Young. I mean, look at poor old Nichols, who has been hanging around the court of appeal since before Peruta went en banc, and he is still waiting for a decision.
Reply With Quote
  #229  
Old 09-25-2018, 9:57 PM
stag6.8 stag6.8 is offline
Senior Member
 
Join Date: Jun 2007
Posts: 1,305
iTrader: 1 / 100%
Default

Quote:
Originally Posted by TruOil View Post
Certainly faster than if it has to trail Young. I mean, look at poor old Nichols, who has been hanging around the court of appeal since before Peruta went en banc, and he is still waiting for a decision.
if it does go enbanc with young..in which i believe it will..it will be denied..in which will it go to scotus..another thing to consider..if it does go enbanc and denied and kavanaugh gets to scotus...in which he will..its going to be a S$$T show...california does NOT want LOC...they are trying everthing to avoid/delay nichols...when it reaches scotus there is a very good chance they will hear it..as well as other cases from other states..

Last edited by stag6.8; 09-25-2018 at 10:07 PM..
Reply With Quote
  #230  
Old 09-25-2018, 10:34 PM
marcusrn's Avatar
marcusrn marcusrn is offline
CGN/CGSSA Contributor - Lifetime
CGN Contributor - Lifetime
 
Join Date: Mar 2010
Location: Oceanside
Posts: 1,152
iTrader: 4 / 100%
Default

"A Republic, if you can keep it".
__________________
Reply With Quote
  #231  
Old 09-26-2018, 12:50 PM
TruOil TruOil is offline
Senior Member
 
Join Date: Jul 2017
Posts: 1,831
iTrader: 0 / 0%
Default

Quote:
Originally Posted by stag6.8 View Post
if it does go enbanc with young..in which i believe it will..it will be denied..in which will it go to scotus..another thing to consider..if it does go enbanc and denied and kavanaugh gets to scotus...in which he will..its going to be a S$$T show...california does NOT want LOC...they are trying everthing to avoid/delay nichols...when it reaches scotus there is a very good chance they will hear it..as well as other cases from other states..
We will know about Kavanaugh soon enough, but it is looking decidedly dicey with all of these women crawling out of the woodwork, all obviously designed to torpedo his chances. (Which was the plan all along with Ford. Whatever you want to say about DiFi, she is a very experienced political operative, and this was her Hail Mary pass.) Which is too bad, he is eminently qualified as a jurist, except for his alcohol problem in his youth. There is nothing to suggest that he is a problem drinker now, but that probably doesn't matter. I was reading last night that there are four or five Republican senators who haven't committed yet, and Kavanaugh needs them all.
Reply With Quote
  #232  
Old 09-26-2018, 1:04 PM
taperxz taperxz is offline
I need a LIFE!!
 
Join Date: Feb 2010
Location: USA
Posts: 19,359
iTrader: 15 / 100%
Default

Quote:
Originally Posted by TruOil View Post
We will know about Kavanaugh soon enough, but it is looking decidedly dicey with all of these women crawling out of the woodwork, all obviously designed to torpedo his chances. (Which was the plan all along with Ford. Whatever you want to say about DiFi, she is a very experienced political operative, and this was her Hail Mary pass.) Which is too bad, he is eminently qualified as a jurist, except for his alcohol problem in his youth. There is nothing to suggest that he is a problem drinker now, but that probably doesn't matter. I was reading last night that there are four or five Republican senators who haven't committed yet, and Kavanaugh needs them all.
Two of them are no longer appearing or willing to take this any further.

Feinstein didn't do this. It got leaked.

How do you know he had an alcohol problem?
Reply With Quote
  #233  
Old 09-26-2018, 3:50 PM
TruOil TruOil is offline
Senior Member
 
Join Date: Jul 2017
Posts: 1,831
iTrader: 0 / 0%
Default

Quote:
Originally Posted by taperxz View Post
Two of them are no longer appearing or willing to take this any further.

Feinstein didn't do this. It got leaked.

How do you know he had an alcohol problem?
Feinstein brought it up in a vague and ambiguous way that was certain to raise questions. It did. The identity of the complainant, in fact the letter that Feinstein received, were leaked within 24 hours in a way that gave Feinstein credible deniability. Don't try to tell me she had no hand in it.

As to the alcohol, for one Kavanaugh admitted it in his interview on Fox that he drank as a senior in High School and at Yale, sometimes to excess, and second, his roommate at Yale said that Kavanaugh would drink heavily at times, and that when he did he became aggressive with women. Plus he was a member of an infamous party frat. It is pretty solid stuff.
Reply With Quote
  #234  
Old 09-26-2018, 7:53 PM
taperxz taperxz is offline
I need a LIFE!!
 
Join Date: Feb 2010
Location: USA
Posts: 19,359
iTrader: 15 / 100%
Default

Quote:
Originally Posted by TruOil View Post
Feinstein brought it up in a vague and ambiguous way that was certain to raise questions. It did. The identity of the complainant, in fact the letter that Feinstein received, were leaked within 24 hours in a way that gave Feinstein credible deniability. Don't try to tell me she had no hand in it.

As to the alcohol, for one Kavanaugh admitted it in his interview on Fox that he drank as a senior in High School and at Yale, sometimes to excess, and second, his roommate at Yale said that Kavanaugh would drink heavily at times, and that when he did he became aggressive with women. Plus he was a member of an infamous party frat. It is pretty solid stuff.
Uhh, I’ve watched you over the last year and your credibility has just hit zero!

You are a covert anti 2A individual
Reply With Quote
  #235  
Old 09-26-2018, 9:21 PM
TruOil TruOil is offline
Senior Member
 
Join Date: Jul 2017
Posts: 1,831
iTrader: 0 / 0%
Default

Quote:
Originally Posted by taperxz View Post
Uhh, I’ve watched you over the last year and your credibility has just hit zero!

You are a covert anti 2A individual
Really? You really believe that a letter that Feinstein had in her hot little hands that was leaked to the press the next day was done without her knowledge? When you add to the fact that she'd had the letter for six weeks but did not share with her colleagues demonstrates the proposition without reasonable dispute that it was a set up from the word go to delay the process when all other ploys had failed. You know of course that it was Feinstein and Schumer who organized the protesters on the first day of the hearings? (Yes, they admitted it.) I guess you don't read the news. All of this is available on any channel you care to look at, so what this has to do with my credibility is...well.. zero.

How you come to the further conclusion from these comments that I am somehow a "covert anti-2A individual" is an utter mystery. Being rather cynical about what the anti-gun Democrats (who control the state) and the Federal Courts (again dominated by anti-gun Democrats) will do to our gun rights, leaving us no remedy except in a Supreme Court that has not been interested, for whatever reason, of revisiting these critical issues is not anti-gun, it is realistic.
Reply With Quote
  #236  
Old 09-26-2018, 11:26 PM
isntzen isntzen is offline
Senior Member
 
Join Date: Jan 2018
Posts: 583
iTrader: 7 / 100%
Default

Quote:
Originally Posted by TruOil View Post
Really? You really believe that a letter that Feinstein had in her hot little hands that was leaked to the press the next day was done without her knowledge? When you add to the fact that she'd had the letter for six weeks but did not share with her colleagues demonstrates the proposition without reasonable dispute that it was a set up from the word go to delay the process when all other ploys had failed. You know of course that it was Feinstein and Schumer who organized the protesters on the first day of the hearings? (Yes, they admitted it.) I guess you don't read the news. All of this is available on any channel you care to look at, so what this has to do with my credibility is...well.. zero.

How you come to the further conclusion from these comments that I am somehow a "covert anti-2A individual" is an utter mystery. Being rather cynical about what the anti-gun Democrats (who control the state) and the Federal Courts (again dominated by anti-gun Democrats) will do to our gun rights, leaving us no remedy except in a Supreme Court that has not been interested, for whatever reason, of revisiting these critical issues is not anti-gun, it is realistic.
Yes, you are obviously an ANTI. For one thing, we can tell just by your definition of "news." My suggestion is that you hang onto your vagina hat, things are going to get a might rough for you over the next 8 weeks. The people of this country are not as stupid as you think they are.
Reply With Quote
  #237  
Old 09-27-2018, 9:49 AM
Librarian's Avatar
Librarian Librarian is offline
Administrator
CGN Contributor - Lifetime
 
Join Date: Oct 2005
Location: Cottage Grove, OR
Posts: 44,404
iTrader: 4 / 100%
Default

Mod hat on.

One pass at 'I do not find a thing credible' is sufficient - let us not harp on the attributes of individual members.
__________________
ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!
"The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."

- Marcus Aurelius
Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.”

Not a lawyer, just Some Guy On The Interwebs.



Reply With Quote
  #238  
Old 10-04-2018, 7:34 AM
wolfwood's Avatar
wolfwood wolfwood is offline
Senior Member
 
Join Date: Mar 2012
Location: San Diego
Posts: 1,370
iTrader: 0 / 0%
Default

http://michellawyers.com/wp-content/...g-Brief_16.pdf

opening brief was filed

Last edited by wolfwood; 10-04-2018 at 5:41 PM..
Reply With Quote
  #239  
Old 10-05-2018, 8:42 PM
CCWFacts CCWFacts is offline
Calguns Addict
 
Join Date: May 2007
Posts: 6,150
iTrader: 3 / 100%
Default

So, if I'm understanding, they want to skip the panel and go to an en banc directly? Is this commonly done? I've never heard of it (IANAL). I guess the logic is, spend minimum time at the 9CCA level, to go to cert faster? This is good, because I think cert isn't a thing that California wants at this point, and California might just do a risk assessment and decide that fighting this case at SCOTUS isn't desirable, just like what happened with Wrenn.
Following the issuance of a three judge panel order or opinion, parties may seek rehearing before an en banc court.
source
__________________
"Weakness is provocative."
Senator Tom Cotton, president in 2024

Victoria "Tori" Rose Smith's life mattered.

Last edited by CCWFacts; 10-05-2018 at 8:51 PM..
Reply With Quote
  #240  
Old 10-06-2018, 6:52 AM
taperxz taperxz is offline
I need a LIFE!!
 
Join Date: Feb 2010
Location: USA
Posts: 19,359
iTrader: 15 / 100%
Default

Quote:
Originally Posted by CCWFacts View Post
So, if I'm understanding, they want to skip the panel and go to an en banc directly? Is this commonly done? I've never heard of it (IANAL). I guess the logic is, spend minimum time at the 9CCA level, to go to cert faster? This is good, because I think cert isn't a thing that California wants at this point, and California might just do a risk assessment and decide that fighting this case at SCOTUS isn't desirable, just like what happened with Wrenn.
Following the issuance of a three judge panel order or opinion, parties may seek rehearing before an en banc court.
source
The question is, “how does this affect the plaintiff “Young”?
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 6:06 AM.




Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2021, Calguns.net an Incorporated Company All Rights Reserved.
All opinions, statements and remarks made by Calguns.net on this web site and elsewhere are solely attributable to Calguns.net.



Seams2SewBySusy