|
California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel. |
|
Thread Tools | Display Modes |
#1
|
||||
|
||||
SCOTUS Cert Petition for Carry filed - Kachalsky || Cert DENIED 4/15
Earlier today, Alan Gura filed on behalf of individual plaintiffs and SAF this petition for cert to the US Supreme Court in the matter of Kachalsky v Cacace.
http://www.hoffmang.com/firearms/kac...2013-01-08.pdf This is asking SCOTUS to take and decide whether discretionary issuance of carry licenses is unconstitutional. It points out the circuit split with Moore in the 7th Circuit. Interestingly, IL filed for en-banc review in Moore arguing that that case did indeed create a circuit split. Filing: http://www.hoffmang.com/firearms/moo...2013-01-08.pdf This case has time to be granted this session (which ends in late June of 2013) but, if granted, would likely be orally argued at the beginning of the 2014 session which is fall of 2013. -Gene
__________________
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
Last edited by hoffmang; 01-08-2013 at 8:24 PM.. Reason: misspelled Cacace |
#2
|
||||
|
||||
Been waiting for this!!!!
Expect all CA9 carry cases to be put on hold pending this case if it gets cert though.... Last edited by stix213; 01-08-2013 at 4:49 PM.. |
#6
|
|||
|
|||
Yeah this needs to happen, the sooner the better. Some of our five justices are getting old, and anyone picked by Obama is going to be a progressive activist, and young, and deeply hostile to all individual rights, except for the right to free stuff and open borders.
If we don't get this win now it will never happen. Is this the first "bear" case that's at this stage? Quote:
That's a good thing because one of the cases in CA9 is the Gorski case and it would be terrible if that went any further. It's a bummer that we will have to wait until late 2014 for our right to carry here in California's hold-out areas, but better late than never. I knew it would take years for this issue to get to a decision point. What are the odds of cert being granted on this case? I assume pretty high?
__________________
"Weakness is provocative." Senator Tom Cotton, president in 2024 Victoria "Tori" Rose Smith's life mattered. |
#8
|
||||
|
||||
This is good to see. Guidance from SCOTUS on bear will be a big turning point.
__________________
Quote:
|
#9
|
||||
|
||||
WooHoo!!
Gura Gura Gura
__________________
|
#13
|
||||
|
||||
Good news. I hope to see this one turn out well.
__________________
People don't like to be meddled with. We tell them what to do, what to think, don't run, don't walk. We're in their homes and in their heads and we haven't the right. We're meddlesome. --River Tam |
#14
|
||||
|
||||
Quote:
The split gives this case pretty decent odds. Not very common and it's another common impetus that would drive a cert grant as well. Said another way - SCOTUS looks closely at cases that went en-banc at the cert stage. However, the fact that Moore is out there is good for the Kachalsky petition. -Gene
__________________
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
|
#15
|
|||
|
|||
Quote:
I like the tone of urgency in this brief, because it is urgent. This is the last shot. We may never again have a conservative majority on SCOTUS.
__________________
"Weakness is provocative." Senator Tom Cotton, president in 2024 Victoria "Tori" Rose Smith's life mattered. |
#16
|
|||
|
|||
Quote:
lord knows the CA9 is a precursor of SCOTUS in the future if progressives and living document justices keep being nominated and approved....... God's speed to this case. I'll put money on it thinking that its going to be accepted ....... in the form of a SAF / CG donation
__________________
NRA Life member, multi organization continued donor etc etc etc Last edited by ddestruel; 01-08-2013 at 9:17 PM.. |
#19
|
||||
|
||||
Gura is awesome here as usual.
This bit is pure gold: Quote:
__________________
The Constitution is not "the Supreme Law of the Land, except in the face of contradicting law which has not yet been overturned by the courts". It is THE SUPREME LAW OF THE LAND, PERIOD. You break your oath to uphold the Constitution if you don't refuse to enforce unadjudicated laws you believe are Unconstitutional. The real world laughs at optimism. And here's why. |
#20
|
|||
|
|||
I'm an atheist but I think I'll get down on my knees and PRAY that no conservative member of the SCOTUS dies between now and then!!
__________________
Things usually turn out best for those who make the best of how things turn out. |
#21
|
|||
|
|||
Alan Gura!
Thanks Gene, this is great news! And I will admonish my fellow Calguns members here to please support the SAF and if you have already done so, thank you and maybe do a little bit more! Sorry, however I have to ask....how much influence will recent events (criminal, political, etc.) have on SCOTUS and specifically the Heller five in regards to granting cert here? |
#22
|
|||
|
|||
Amen to that and God Bless you!
|
#23
|
||||
|
||||
God bless that man. Hopefully this gets through quick and is a win. Then maybe we can work on the extortion fees that is ccw permits after it goes shall issue. Seriously. My last three states of residence dont charge over 300 to get a permit.
|
#24
|
||||
|
||||
I'd like to know the answer here as well. Is it too late for a 2013 decision?
|
#25
|
||||
|
||||
Go Alan go. I wonder if this would put another nail in the gun banners coffin if the ruling goes our way?
__________________
http://govnews.ca.gov/gov39mail/mail.php 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 In Memory of Spc Torres May 5th 2006 al-Hillah, Iraq. I will miss you my friend. NRA Life Member. |
#28
|
||||
|
||||
Quote:
Oh, yes! The Raisuli
__________________
"Ignorance is a steep hill with perilous rocks at the bottom" WTB: 9mm cylinder for Taurus Mod. 85 |
#30
|
||||
|
||||
Not gonna hold my breath. But if it should be decided in our favor, good.
Moving on now.
__________________
Speaking about the destruction of the United States. "I answer, if it ever reach us, it must spring up amongst us. It cannot come from abroad. If destruction be our lot, we ourselves must be its author and finisher. As a nation of free men, we must live through all times, or die by suicide. Abraham Lincoln Speech at Edwardsville, IL, September 11, 1858 Godwin's law |
#31
|
|||
|
|||
Most likely yes. It would take everything falling perfectly to even have a chance to be heard this term. However, we'll almost definitely have a decision on whether or not to hear the case before the end of this term.
|
#33
|
||||
|
||||
Finally, some good news!!
__________________
WTB: 2.5” Colt Python 2.5" Smith & Wesson Model 19 2.5" Smith & Wesson Model 66 4" Smith & Wesson Model 19 3.5" Smith & Wesson Model 29 Colt Series 70 1911 Sig Sauer West German P228 Glock Gen5 19/17/34 MOS |
#34
|
||||
|
||||
There are certainly some gems in this one.....and I am only about halfway done.
__________________
x2 Quote:
Quote:
|
#35
|
||||
|
||||
Quote:
Quote:
-Gene
__________________
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
|
#36
|
||||
|
||||
Very good indeed. I see many reasons why cert should be granted and this case heard. Lets hope the current political climate doesnt play an important in deciding whether to take this case. Be very good to have this decided by SCOTUS as its nearly identical to CA CCW provisions.
Thanks Gene for the update.
__________________
"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. |
#38
|
||||
|
||||
Excellent!
However, anybody know how to properly pronounce Kachalsky v Cacace?
__________________
Honorary Board Member, the California Gun Rights Foundation Opinions posted in this account are my own and not the approved position of any organization. Yes I'm an attorney. No, this post does not contain legal advice or opinion. |
Thread Tools | |
Display Modes | |
|
|