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

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  #81  
Old 05-11-2018, 2:39 PM
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Just to be clear, the district court has dismissed our Takings and Due Process claims, but not our Second Amendment claim.

So we will continue to litigate the remaining claim and appeal the dismissal of the other two upon completion of the entire case.
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  #82  
Old 05-11-2018, 2:52 PM
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Not that it is really new info for most of us, but Reason has a lay-person-accessible article on this case and Flanagan: http://reason.com/archives/2018/05/1...e-quietly-elim
Quote:
Two new federal court decisions highlight a harsh new reality: California has effectively repealed the Second Amendment inside its borders.

...

The California Rifle and Pistol Association can, of course, appeal both cases. But everyone paying even the slightest bit of attention already knows what the outcome will be before the largely anti-gun 9th Circuit. And the Supreme Court will likely ignore the warnings from Justice Thomas and Justice Gorsuch and refuse to take the cases.

This is how the courts, quietly, one case at a time, without a vote, are making sure the Second Amendment simply will not apply within the state of California.
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I've been saying that for years ...

There is no value at all complaining or analyzing or reading tea leaves to decide what these bills really mean or actually do; any bill with a chance to pass will be bad for gun owners.

The details only count after the Governor signs the bills.

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  #83  
Old 05-11-2018, 3:02 PM
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Quote:
Originally Posted by Librarian View Post
Not that it is really new info for most of us, but Reason has a lay-person-accessible article on this case and Flanagan: http://reason.com/archives/2018/05/1...e-quietly-elim
This^^^^^^^^^^^^^^^^^^^^^^^

Laying the framework for confiscation.
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  #84  
Old 05-11-2018, 3:38 PM
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Quote:
Originally Posted by sbrady@Michel&Associates View Post
Just to be clear, the district court has dismissed our Takings and Due Process claims, but not our Second Amendment claim.

So we will continue to litigate the remaining claim and appeal the dismissal of the other two upon completion of the entire case.
Thanks for the update Sean
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  #85  
Old 05-12-2018, 8:22 AM
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Quote:
Originally Posted by Librarian View Post
Not that it is really new info for most of us, but Reason has a lay-person-accessible article on this case and Flanagan: http://reason.com/archives/2018/05/1...e-quietly-elim

Quote:
Two new federal court decisions highlight a harsh new reality: California has effectively repealed the Second Amendment inside its borders.

...

The California Rifle and Pistol Association can, of course, appeal both cases. But everyone paying even the slightest bit of attention already knows what the outcome will be before the largely anti-gun 9th Circuit. And the Supreme Court will likely ignore the warnings from Justice Thomas and Justice Gorsuch and refuse to take the cases.

This is how the courts, quietly, one case at a time, without a vote, are making sure the Second Amendment simply will not apply within the state of California.

it has now been legal to legislate a Constitutional right out of existence.



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Originally Posted by Ford8N View Post
This^^^^^^^^^^^^^^^^^^^^^^^

Laying the framework for confiscation.
it will come under the Newsom governorship.
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  #86  
Old 05-12-2018, 8:43 AM
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Quote:
Originally Posted by chris View Post
it has now been legal to legislate a Constitutional right out of existence.





it will come under the Newsom governorship.
It has been this way in Calif for a couple of decades?
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  #87  
Old 05-12-2018, 9:27 AM
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It has been this way in Calif for a couple of decades?
yes I know this. The day it started is when Roberti-Roos was signed into law. But in reality it really began in sincere conviction was under Brown. Davis played a major role along with Arnie not doing his part to stop it either. Brown showed what I knew about him when the "right" people here said Brown wouldn't be that bad. Well he is and always was anti gun like DemoKrats are.

With Prop 63 in the victory column we will lose and continue to lose because the people here want to give up any right they deem not needed. The Second Amendment is first next will be free speech and it is under attack here already.

The people here do not care.
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Thank your neighbor and fellow gun owners for passing Prop 63. For that gun control is a winning legislative agenda.
https://www.youtube.com/watch?v=Z6Dj8tdSC1A
contact the governor
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  #88  
Old 05-12-2018, 9:56 AM
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Quote:
Originally Posted by chris View Post
yes I know this. The day it started is when Roberti-Roos was signed into law. But in reality it really began in sincere conviction was under Brown. Davis played a major role along with Arnie not doing his part to stop it either. Brown showed what I knew about him when the "right" people here said Brown wouldn't be that bad. Well he is and always was anti gun like DemoKrats are.

With Prop 63 in the victory column we will lose and continue to lose because the people here want to give up any right they deem not needed. The Second Amendment is first next will be free speech and it is under attack here already.

The people here do not care.
And what is really pathetic the majority of California gun owners do not care either.

Screw this state and the sheep that LOVE it here. Surf n Ski Rules
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  #89  
Old 05-12-2018, 10:03 AM
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And what is really pathetic the majority of California gun owners do not care either.

Screw this state and the sheep that LOVE it here. Surf n Ski Rules
Of course they don't they have that one handgun or shotgun they never use or maybe once a year. It doesn't affect them yet. It will and soon.

Gun owners on this very forum voted for Prop 63 and vote for anti gun Democrats because gun rights are at the very bottom of any issue they care about.
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Thank your neighbor and fellow gun owners for passing Prop 63. For that gun control is a winning legislative agenda.
https://www.youtube.com/watch?v=Z6Dj8tdSC1A
contact the governor
https://govnews.ca.gov/gov39mail/mail.php
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  #90  
Old 05-12-2018, 11:58 AM
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Quote:
Originally Posted by chris View Post
Gun owners on this very forum voted for Prop 63 and vote for anti gun Democrats because gun rights are at the very bottom of any issue they care about.
*COUGH*eXcision*COUGH*
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  #91  
Old 05-23-2018, 1:41 AM
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im SOOOOOOOO infuriated 3@#%$%%^*$^%$*()&^ UCK
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  #92  
Old 05-23-2018, 1:46 PM
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Since I didn't see it in the thread, http://michellawyers.com/rupp-v-becerra/ is the Michel&Associates page for case documents.
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I've been saying that for years ...

There is no value at all complaining or analyzing or reading tea leaves to decide what these bills really mean or actually do; any bill with a chance to pass will be bad for gun owners.

The details only count after the Governor signs the bills.

Not a lawyer, just Some Guy On The Interwebs.


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  #93  
Old 05-26-2018, 10:13 AM
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Courts throughout the country so far are refusing to either hear anti-Second Amendment cases or are ruling against us. Very concerning, we are not being given our day in court even.
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  #94  
Old 05-26-2018, 11:57 AM
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Originally Posted by javalos View Post
Courts throughout the country so far are refusing to either hear anti-Second Amendment cases or are ruling against us. Very concerning, we are not being given our day in court even.
And the great pro gun President and NRA seem to only care about protecting the US gun manufacturers, just like the anti gun drones ramble about. Right now, Trump could recind all the previous anti gun E.O. and BATFE regulations of the anti gun Presidents before. BUT HE DOESN’T. I wonder why? Is Trump really a RINO? Silence.
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  #95  
Old 06-06-2018, 11:24 AM
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Getting back up to speed. Agree with the frustration. Most annoyed the second "Trifecta" of House, Senate and POTUS hasn't gotten the Hearing Protection Act done or removed arbitrary barrel lengths or dared to look at repeal of Hughes. Neither would really help us here in Ca, anyways, so it's mitigated somewhat... but what good are they except as a speed bump on the leftist tide?

About my last hope for peaceful restoration of the Constitution is Article V, though I continue to hope 9th Circus will be broken up and replaced with constitutionalists and that Ginsburg, Kennedy, and Breyer will be replaced with Gorsuch style nominees before Trump's first term is over.
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  #96  
Old 01-19-2019, 8:36 PM
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So are we looking at mid 2019 for oral argument? I couldn't figure out if that's at the circuit court or district court?

Does anyone know what other pending AWB cases are in the pipeline?
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  #97  
Old 02-21-2019, 1:30 PM
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Anyone know if there's been any movement on this?

The last update on the Michel & Associates page was from 9/10/2018, which was an order to extend deadlines. In the time since that last update, the following deadlines (from that order) have lapsed:

-Fact Discovery Cut-off: October 11, 2018

-Last Day to Serve Initial Expert Reports: October 25, 2018

-Last Day to Serve Rebuttal Expert Reports: November 21, 2018

-Expert Discovery Cut-Off: December 20, 2018

-Last Day to File Motions (excluding DaubertMotions and all other Motions in Limine): February 8, 2019




Anyone know if those things got submitted? Or any other movement?

Last edited by cockedandglocked; 02-21-2019 at 1:40 PM..
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  #98  
Old 02-21-2019, 3:20 PM
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Last time I heard from a lawyer was in August.. I just assume the wheels of justice move really slowly..
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  #99  
Old 02-21-2019, 3:37 PM
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WHEREAS, both Parties expect to file motions for summary judgment on
March 25, 2019;
WHEREAS, the Parties have stipulated to a briefing and hearing schedule
that will provide them sufficient time to respond to each other’s motions and that
will accommodate the schedules of their respective counsel;
WHEREAS, the stipulated schedule would not alter the date of any event or
deadline already fixed by Court order or progress of the case; and
WHEREAS, for these reasons, good cause exists to adopt the briefing and
hearing schedule as stipulated by the Parties;
THE PARTIES HEREBY STIPULATE, AGREE, AND REQUEST:
That the Court enter the following briefing schedule for the Parties’ crosssummary judgment motions:
Motion and opening brief: March 25, 2019
Opposition brief: May 2, 2019
Reply brief: May 17, 2019
Hearing: May 31, 2019 at 10:30 a.m
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Old 02-21-2019, 3:52 PM
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^ Thanks!
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