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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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#1681
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Closed again - PM when some party to the suit files a document.
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "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."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. |
#1682
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h/t LVSox - the docketing letter for the 9th:
https://dockets.justia.com/docket/ci...s/ca9/19-55376 The schedule is set as follows: Mediation Questionnaire due on 04/11/2019. Transcript ordered by 05/06/2019. Transcript due 06/03/2019. Appellant Xavier Becerra opening brief due 07/15/2019. Appellees California Rifle & Pistol Association, Inc., Virginia Duncan, Richard Lewis, Patrick Lovette, David Marguglio and Christopher Waddell answering brief due 08/15/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11253683] (RT) [Entered: 04/04/2019 04:29 PM] That's off into September.
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "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."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. |
#1683
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Thank you, GuyFawkes.
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "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."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. |
#1684
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opening brief has been filed
https://www.scribd.com/document/4176...-of-California motion for judicial notice https://www.scribd.com/document/4176...e-at-the-Ninth
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“We are twice armed if we fight with faith.” ― Plato Last edited by wolfwood; 07-15-2019 at 8:35 PM.. |
#1685
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There really should be some sort of penalty for lies. |
#1686
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#1687
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If I’m not mistaken, this will get rubber-stamped again by the 9th circuit. Which then sets it up for a constitutional challenge to the SCOTUS, right?
Which (if I’m right) would mean that we need to brace ourselves for some interim bad news. Sent from my iPhone using Tapatalk
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#1688
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It's all gonna depend on the luck of the draw for the three judge panel. But the court still has a liberal majority, even if much narrowed. That always leaves the risk on an en banc rehearing of a favorable decision.
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If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life. |
#1689
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#1690
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Can someone explain to me "ER XX" where XX are some numbers in the Ninth Circuit Opening Brief by State of California. I think it references the District Court's decision but no sure how to "look up what the shorthand", so to speak.
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#1691
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excerpts of record. Its a bound volume of stuff that was submitted by the appellant of stuff they want the court to look at. Its just not downloading for m right now or I'd post it. I'll post it if my courtlink starts working for the excerpts if not I am sure Chuck will have it on his site in a couple days.
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“We are twice armed if we fight with faith.” ― Plato |
#1692
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#1694
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#1695
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9th Circuit
"The Ninth Circuit is by far the largest appeals court in the country, with 29 active judgeships. There are two vacancies, one of which is earmarked for Bress, who clerked for the late Justice Antonin Scalia. There also will be two openings after that, with a duo of judges announcing plans to turn over their seats by taking senior status.
Trump’s getting closer to flipping the Ninth Circuit to a majority of judges appointed by Republican presidents. Of the 27 current Ninth Circuit judges, 16 were appointed by Democrats and 11 by Republicans. Still, the impact of his appointments can be felt in a narrow majority. Additional Republican appointees, for instance, could moderate majority opinions or write dissents that may prompt review from the Supreme Court. Also, it’s more likely that randomly drawn en banc sittings—a larger group of judges that rehears some cases decided by a three-judge panel of the same court—will be majority Republican. En banc is the last possible stop before the Supreme Court. Trump, who’s appointed six judges to the Ohio-based Sixth Circuit, already has flipped the Third Circuit, which encompasses New Jersey, Pennsylvania, and Delaware." https://news.bloomberglaw.com/us-law...than-any-other
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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. |
#1696
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#1697
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IIRC, wasn't there a "problem" with the supposedly random selection of 9th Circus judges, in that only liberal judges were being selected for en banc decisions? Was that ever resolved?
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Active Army 1976-1986, Army Reserve 2005-2015, Afghanistan 2010-2011 http://www.thepolemicist.net/2013/01...t-for-gun.html https://www.thereligionofpeace.com/ “This decision is a freedom calculus decided long ago by Colonists who cherished individual freedom more than the subservient security of a British ruler. The freedom they fought for was not free of cost then, and it is not free now.” - Hon. Roger T. Benitez, United States District Judge, March 29, 2019 |
#1698
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"Weakness is provocative." Senator Tom Cotton, president in 2024 Victoria "Tori" Rose Smith's life mattered. |
#1699
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SCOTUS Blog: Final Stat Pack for October Term 2018
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"The right to keep and bear arms . . . is not the only constitutional right that has controversial public safety implications. -- Justice Alito, McDonald v. Chicago |
#1700
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#1701
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Net-net, things have improved, but they are nowhere near favorable. |
#1702
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The point of my post - and the thread I was replying to - is how bad the Ninth is, not how good SCOTUS is. 2020 is everything.
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"The right to keep and bear arms . . . is not the only constitutional right that has controversial public safety implications. -- Justice Alito, McDonald v. Chicago |
#1704
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Without hope, there is nothing. The great pendulum swings; sometimes it just takes a long time on its way back.... Sent from my iPhone using Tapatalk
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#1705
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amicus briefs filed
https://www.scribd.com/document/4194...S9p-m99wz29PT4 https://www.scribd.com/document/4194...bGn8wOxIu-YLoQ https://www.scribd.com/document/4194...KUXbsyqii_Ax1Q https://www.scribd.com/document/4194...m1r5AlijTHSvz8 https://www.scribd.com/document/4194...Jo74-f232XS5HI https://www.scribd.com/document/4194...bGn8wOxIu-YLoQ https://www.scribd.com/document/4195...y-Amicus-Brief
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“We are twice armed if we fight with faith.” ― Plato Last edited by wolfwood; 07-24-2019 at 12:08 AM.. |
#1706
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#1708
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The doctors brief is hilarious. It states that LCMs are not arms, yet they can be regulated because they are unusually dangerous weapons.
Stick to medicine, aye wholes Though doctors kill more people than guns Sent from my iPhone using Tapatalk
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?Seek the Lord while He may be found? |
#1711
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The LA/Oakland brief is hilarious.
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I have to wonder if these people actually read what they write? |
#1712
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And an amicus from the freedom hating states of:
DISTRICT OF COLUMBIA, CONNECTICUT, DELAWARE, HAWAII, ILLINOIS, MARYLAND, MASSACHUSETTS, NEW JERSEY, NEW MEXICO, NEW YORK, MICHIGAN, MINNESOTA, OREGON, PENNSYLVANIA, RHODE ISLAND, VERMONT, VIRGINIA, AND WASHINGTON I don't think the people of Vermont know what their state is doing. |
#1715
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the NRA files their brief in a few weeks and then the good guy briefs will get filed
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“We are twice armed if we fight with faith.” ― Plato |
#1716
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Here’s the opposition in clear text: Gifford’s Duncan Brief. The Giffords group wrote the Prop 63 language. Everytown Duncan Brief PRIDE FUND TO END GUN VIOLENCE, EQUALITY CALIFORNIA, AND GAYS AGAINST GUNS IN SUPPORT OF APPELLANT Amicus Brief of Ca Cities. BRIEF OF AMICI CURIAE THE CITY OF LOS ANGELES, THE CITY AND COUNTY OF SAN FRANCISCO, THE CITY OF SAN DIEGO, AND THE CITY OF OAKLAND IN SUPPORT OF REVERSAL. Duncan Amicus O.F. Various States. BRIEF FOR THE DISTRICT OF COLUMBIA, CONNECTICUT, DELAWARE, HAWAII, ILLINOIS, MARYLAND, MASSACHUSETTS, NEW JERSEY, NEW MEXICO, NEW YORK, MICHIGAN, MINNESOTA, OREGON, PENNSYLVANIA, RHODE ISLAND, VERMONT, VIRGINIA, AND WASHINGTON AS AMICI CURIAE IN SUPPORT OF APPELLANT. Duncan Brief of Doctors. BRIEF OF AMICI CURIAE CALIFORNIA CHAPTER OF THE AMERICAN COLLEGE OF EMERGENCY PHYSICIANS, AMERICAN ACADEMY OF PEDIATRICS, CALIFORNIA, & CALIFORNIA ACADEMY OF FAMILY PHYSICIANS ON BEHALF OF APPELLANT. Brady Duncan Amicus Brief
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"People say nothing is impossible, but I do nothing every day.” "Nothing is foolproof to a sufficiently-talented fool." "The things that come to those who wait may well be the things left by those who got there first." Last edited by Dvrjon; 07-24-2019 at 8:00 PM.. |
#1717
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There really needs to be a penalty for lies. |
#1718
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Just as with many of these new laws, giving the other side more rope only allows them to hang themselves faster. |
#1720
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Easily: this is the kind of facts they base their laws on. So it makes some sort of perverted sense.
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DiaHero Foundation - helping people manage diabetes. Sending diabetes supplies to Ukraine now, any help is appreciated. DDR AK furniture and Norinco M14 parts kit: https://www.calguns.net/calgunforum/....php?t=1756292 |
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