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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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#81
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Who was the nice lady from Ohio that wanted an FOID, and is her case still active? This might be a nice Christmas gift for her...and anybody else that might like to carry their weapon across a state line legally.
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"Everything I ever learned about leadership, I learned from a Chief Petty Officer." - John McCain "Use your hammer, not your mouth, jackass!" - Mike Ditka There has never been a shortage of people eager to draw up blueprints for running other people's lives. - Thomas Sowell Quote:
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#83
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Does Moore v. Madigan change anything in Cal?
Ok so today's 7th Circuit Court of Appeals decision in Moore v. Madigan finds (as we all already know) that the 2nd Amendment applies to the right to carry firearms in public.
“...the right to keep and bear arms, itself, extends beyond the boundary of one’s front door." “The Second Amendment,” Judge Posner writes, “states in its entirety that ‘a well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.’ The right to ‘bear’ as distinct from the right to ‘keep’ arms is unlikely to refer to the home. To speak of ‘bearing’ arms within one’s home would at all times have been an awkward usage. A right to bear arms thus implies a right to carry a loaded gun outside the home." http://www.saf.org/viewpr-new.asp?id=415 Will this decision help us here, or will we have to wait for the case to inevitably be taken to SCOTUS? Considering of course that the "may issue" law here is, in some counties (L.A., S.F., etc) "may issue" is "won't issue," meaning that carrying publicly is de facto banned, this decision should require a legislative change here (no, i do realize that i need oxygen and am not holding my breath). Thoughts? Last edited by ayemossum; 12-11-2012 at 12:24 PM.. Reason: district? circuit? who's counting? |
#85
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I am a law illiterate and forgive me if this question may be nieve.... but will this open up doors for us here in California? I know right now in SB county it is a long wait for your CCW permit. Maybe this will open up doors to streamline the wait.
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#86
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I'm sure there will be some supplimental filings to the 9th to notify them of this decision and it's bearing on the CA cases.
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"Freedom begins with an act of defiance" Quote for the day: Quote:
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#87
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So business as usual in Chicago then.
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NRA Endowment Member SAF Defender's Club |
#88
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"The (Illinois) legislature, in the new session, will be forced to take up a statewide carry law," said NRA lobbyist Todd Vandermyde. The lobbyist said prior attempts to reach a middle ground with opponents will no longer be necessary because "those compromises are going out the window." And Rep. Phelps, who has pepeatedly introduced bills: Phelps fought unsuccessfully in the House to pass concealed weapons legislation with a long set of restrictions, but he warned opponents of his legislation may regret they had not supported it when they had a chance. Now, he said, he “can’t see us” going forward with legislation that has as many restrictions as the bill that failed. We'll see what happens, but I'm guessing we get a pretty good carry bill. Andy |
#91
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Yeah . . . . a loss to Illinois.
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Non verbis sed operis |
#92
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It can be cited as "FYI" outside the District. Meaning it doesn't control the other district, but may influence it's reasoning somewhat. And also clue other districts that if they directly contradict, they're setting the stage for a Supreme Court battle to decide who's right.
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The one thing worse than defeat is surrender. |
#93
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"Extremism in the defense of liberty is no vice, but let me remind you also that moderation in the persuit of justice is no virtue" -Barry Goldwater “Remember that a government big enough to give you everything you want is also big enough to take away everything you have.” -Gerald Ford ^ |
#94
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Wow.. too bad this didn't come before Kachalsky. I don't know what everyone else is reading though. I'm just finishing the Kachalsky portion and basically Posner said that you cannot have a blanket ban, but the state deciding who most needs a permit is A-OK since it limits the persons who may carry.
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#95
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#96
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"Extremism in the defense of liberty is no vice, but let me remind you also that moderation in the persuit of justice is no virtue" -Barry Goldwater “Remember that a government big enough to give you everything you want is also big enough to take away everything you have.” -Gerald Ford ^ |
#97
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#100
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This was a pretty no-nonsense panel - but my favorite quote:
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#102
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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 |
#103
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The minimum constitutional standard for "bear arms" will be the ability to carry a loaded handgun most places after meeting objective licensing standards and in the manner that the legislature requires. That's the minimum and it will include Madison Ave, Manhattan, NY. -Gene
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Gene Hoffman Chairman, California Gun Rights Foundation DONATE NOW to support the rights of California gun owners. Follow @cgfgunrights 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
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#104
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Prior to this ruling, IL anti-gun forces won the waiting game. Now we do. It's a game-changer. They now have to beg us to support something they hate in order to prevent being utterly crushed by the court. That gives us power. We can now demand other concessions, too. Perhaps they would be willing to get rid of the FOID card rather than allow constitutional carry. See? We have leverage! Last edited by pointedstick; 12-11-2012 at 12:55 PM.. |
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#106
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"Extremism in the defense of liberty is no vice, but let me remind you also that moderation in the persuit of justice is no virtue" -Barry Goldwater “Remember that a government big enough to give you everything you want is also big enough to take away everything you have.” -Gerald Ford ^ |
#107
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#108
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Ironic, isn’t it?
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Matthew D. Van Norman Dancing Giant Sales | Licensed Firearms Dealer | Rainier, WA Last edited by M. D. Van Norman; 12-11-2012 at 1:03 PM.. Reason: Punctuation. |
#109
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#110
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As it currently stands, Illinois will have shall-issue carry before California. What a world. |
#111
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IL is not the most anti-gun state. It does contain perhaps the most anti-gun metro area, but statewide, there's a pro-gun majority.
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#113
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I don't think the pro-gun people in the IL legislature are pro-gun to the level of holding out for "foid card" carry*, they'll want to pass something too.
But there should be enough sensible state reps to hold out for a good shall issue bill. * IL requires a FOID card to even own (or in stores touch) a gun, so even if the ruling goes into full effect, IL still won't be constitutional carry, you still have to get a FOID card, which all things considered is pretty easy to get, $10 + photo, they do a background check and 4-6 weeks later, you get your card and can go shopping. |
#114
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#115
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"Extremism in the defense of liberty is no vice, but let me remind you also that moderation in the persuit of justice is no virtue" -Barry Goldwater “Remember that a government big enough to give you everything you want is also big enough to take away everything you have.” -Gerald Ford ^ |
#116
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The game has changed. Time is now on our side. They have to beg us. |
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#119
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"Extremism in the defense of liberty is no vice, but let me remind you also that moderation in the persuit of justice is no virtue" -Barry Goldwater “Remember that a government big enough to give you everything you want is also big enough to take away everything you have.” -Gerald Ford ^ |
#120
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Not really. They were separate cases litigating the same thing but in different district courts within IL. However they were combined on appeal. Moore was an SAF funded case and Shepard was an NRA/ISRA funded case if it matters to you.
Nos. 12-1269, 12-1788 Appeals from the United States District Courts for the
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Last edited by Crom; 12-11-2012 at 1:22 PM.. |
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