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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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#401
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I'll leave now. Keep your tomatoes and eggs for the next clown, please.
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Mention the Deacons for Defense and Justice and make both left and right wingnuts squirm |
#402
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I really do not get their new name. Was it an admission that they're not really against all violence, just gun violence?
-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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#403
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I'd just call it "coming out of closet."
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NRA Benefactor Member |
#404
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VERY good. The Raisuli
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"Ignorance is a steep hill with perilous rocks at the bottom" WTB: 9mm cylinder for Taurus Mod. 85 |
#405
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God I am so SICK & TIRED of irrational, immature, emotionally retarded people seeking to prohibit guns because they are afraid of them, trying to use the cover of 'public safety' and 'for the children' to do so. Is "...shall not be infringed" really that difficult of a concept? The second brief left me with the impression that the Amici were arguing that allowing open carry would make the police's job a little more difficult and cause a change in tactics, and therefore shouldn't be allowed. Both briefs discussed that they felt that the court was essentially an activist in the Moore v Madigan decision, attempting to make policy when the legislature should be making policy, but apparently missed the part where the court sent the damn thing BACK to the Illinois state legislature to create a policy that passes muster.
These people make me sick. Absolutely disgusting, pathetic excuses for human beings. "As sheep, we are so afraid of the wolves, that we think even our shepherds and sheep-dogs should be dis-armed. We know criminals will still have guns, but it's better to be a victim of gun violence than to perpetrate gun violence in self-defense." Freaking cowards.
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Smith & Wesson M&P Shield .40 S&W -- Ruger LC9 -- Spikes Tactical ST-15 16" .223/5.56 NATO -- Ruger American 30-06 -- Taurus Raging Bull 6.5" .44 Magnum "During times of universal deceit, telling the truth becomes a revolutionary act."-George Orwell "You can lead a man to Congress, but you can't make him think."-Milton Berle "Suppose you were an idiot. And suppose you were a member of Congress. But I repeat myself."-Mark Twain "Power corrupts. Absolute power corrupts absolutely."-Lord Acton |
#406
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The 7th has requested an answer from Gura according to a poster over at The Firing Line. I haven't found a link to confirm yet, but here is a link to that thread.
http://thefiringline.com/forums/show...451189&page=15
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#407
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I'm not a member over at The Firing Line. What are they asking for an answer about? Pardon my ignorance if it's already been answered.
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Smith & Wesson M&P Shield .40 S&W -- Ruger LC9 -- Spikes Tactical ST-15 16" .223/5.56 NATO -- Ruger American 30-06 -- Taurus Raging Bull 6.5" .44 Magnum "During times of universal deceit, telling the truth becomes a revolutionary act."-George Orwell "You can lead a man to Congress, but you can't make him think."-Milton Berle "Suppose you were an idiot. And suppose you were a member of Congress. But I repeat myself."-Mark Twain "Power corrupts. Absolute power corrupts absolutely."-Lord Acton |
#408
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Petition for En Banc was filed and the courts are awaiting a response on the En Banc petition from SAF/Gura.....Why they should or shouldn't grant the request(I would assume).
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#409
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Coded Dude, that is exactly correct.
The court had 14 days to request an answer. This was extremely fast. Once Gura makes his answer (due on 23 Jan), the court has 14 days to call for a vote. If no vote is called or the vote goes against Madigan, then no rehearing. The clock to file cert at SCOTUS is currently still ticking. Gura (as you may already know) filed for cert on the Kachalsky case yesterday. If things go in an orderly manner, we may know if cert is granted before this session recesses. It's a good case, but it's still a crap shoot. In Moore, if Madigan loses the rehearing pitch, she won't being losing anything if she files for cert. I suspect that if this happens, the Court will hold Kachalsky and grant cert on Moore. This is based on the fact that Heller and McDonald were complete bans, as is Moore. One can also hope that during the interim, Woollard is decided (and in our favor), and this will pretty much guarantee the Court will take one of these cases. Lots of different ways this can fall out and we can only speculate at best.
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Listings of the Current 2A Cases, over at the Firing Line. Last edited by Al Norris; 01-20-2013 at 11:51 AM.. Reason: noticed typo |
#410
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One would also hope that Richards would also be decided in our favor (though certainly not optimistic...it IS the 9th Circus after all.
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Smith & Wesson M&P Shield .40 S&W -- Ruger LC9 -- Spikes Tactical ST-15 16" .223/5.56 NATO -- Ruger American 30-06 -- Taurus Raging Bull 6.5" .44 Magnum "During times of universal deceit, telling the truth becomes a revolutionary act."-George Orwell "You can lead a man to Congress, but you can't make him think."-Milton Berle "Suppose you were an idiot. And suppose you were a member of Congress. But I repeat myself."-Mark Twain "Power corrupts. Absolute power corrupts absolutely."-Lord Acton |
#411
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Next change will be from LCPGV to just LCPG.
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Nationwide Master List of Current 2A Cases, courtesy of Al Norris @ TFL. Reloading Clubs: SF, East Bay Case Status: Peña v. Cid (Handgun Roster). SF v. 44Mag (Mag Parts Kits). Bauer v. Harris (DROS Fees). Davis v. LA (CCW policy). Jackson v. SF (Ammo/Storage). Teixeira (FFL Zoning). First Unitarian v. NSA (Privacy). Silvester (Waiting Period). Schoepf (DROS Delay). Haynie (AW ban). SFVPOA v. SF (10+ mag possession ban). Bear in Public: Drake (3CA); Moore (7CA); Richards, Peruta, McKay (9CA). |
#412
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Today was the day that both Shepard and Moore were to respond to the circuits request, re: en banc hearing.
Earlier this afternoon, the attorney for Shepard, Charles Cooper, filed his response in opposition. While the response is overall pretty good, Mr. Cooper has taken the liberty of undermining Alan Gura's argument in Kachalsky by claiming that there is no circuit split. sigh. As of this post, Gura has yet to file a response for Moore. After reading Cooper's brief, I suspect Gura is rewriting.
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Listings of the Current 2A Cases, over at the Firing Line. Last edited by Al Norris; 08-30-2013 at 6:16 PM.. |
#413
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Gura's co-counsel filed. I can't upload it from my iPhone, but will post in a few mins.
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Nationwide Master List of Current 2A Cases, courtesy of Al Norris @ TFL. Reloading Clubs: SF, East Bay Case Status: Peña v. Cid (Handgun Roster). SF v. 44Mag (Mag Parts Kits). Bauer v. Harris (DROS Fees). Davis v. LA (CCW policy). Jackson v. SF (Ammo/Storage). Teixeira (FFL Zoning). First Unitarian v. NSA (Privacy). Silvester (Waiting Period). Schoepf (DROS Delay). Haynie (AW ban). SFVPOA v. SF (10+ mag possession ban). Bear in Public: Drake (3CA); Moore (7CA); Richards, Peruta, McKay (9CA). |
#416
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As far as inebriated speed reads let me comprehend:
Cooper's response was well written, less the dissenting opinion of the circuit split. Gura, as always, frickin' nailed it. Now we wait 14 days for the decision - two weeks! Or maybe it was 28 days, I'm not sure ... That should cover it. Thanks Al and fizux!
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Treat every stressful situation like a dog. If you can't eat it, play with it, or hump it ... PISS ON IT, and walk away. Last edited by live2suck; 01-23-2013 at 8:29 PM.. |
#418
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Publicly available archive quality URLs here:
Moore/SAF/Gura - http://www.hoffmang.com/firearms/moo...c-20130123.pdf Shepard/ISRA/Cooper - http://www.hoffmang.com/firearms/moo...c-20130123.pdf -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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#419
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Man I don't know how to explain it, but I love reading SAF/Gura briefs....they are awesome!
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#420
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Stand up and be counted, or lay down and be mounted... -Mac |
#421
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Then I will feel my taxes are finally being used properly for something I believe in. Someday Baca will be made to issue and it will cost him and the county.
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"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. |
#422
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My understanding is that the 7th Circuit panel had until 2 days ago to ask for a vote on whether or not to grant the en banc request. Do we know if that happened? If so, by what time must the vote take place?
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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. |
#423
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No news as of yet, but yesterday was the supposed deadline to call for a vote.
http://thefiringline.com/forums/show...451189&page=16
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Treat every stressful situation like a dog. If you can't eat it, play with it, or hump it ... PISS ON IT, and walk away. |
#427
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The math doesn't look good for the state. Judge Posner is well respected in the 7th Circuit. We can assume that Judge Williams (the 1 dissenting judge) called for a vote. They need 6. Posner & Flaum are definite no's. Easterbrook is a no, and the two majority Ezell judges (Sykes & Kanne) would likely vote no. There are only 10 active judges on the court so....
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#428
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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. |
#429
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Looks like it is highly unlikely to go en banc -- that means one less time consuming detour enroute to SCOTUS. Assuming that is true, IIRC, either March 12 or 14 will be the next key date, the deadline for IL to request cert. If we win carry at SCOTUS, that's when all this theoretical ground work has a practical benefit for MILLIONS of law-abiding yet defenseless Americans. Don't expect the antis to "go quietly into the night."
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240+ examples of CCWs Saving Lives. Last edited by Paladin; 02-10-2013 at 6:59 PM.. |
#430
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I will be interested to see how SCOTUS responds especially considering the 2nd circuits challenge to SCOTUS..... when this plays out I'd love to see them agree with the 7th circuit and issue a harsh rebute to the 2nd circuit in the ruling one writen by justice thomas that clearifies to the 2nd circuit and others that 2nd ammendment challenges must be reviewed using a level above strict scrutiny or at least address some level of guidance for review. And then they probably will reitterate like they always do that government regulation is acceptible followed by a restatement of "like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose........ followed with a closing statement that says access can not be arbitrarily denied without giving a path to access the right....... something like that .... fill in the blanks this could be interesting
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NRA Life member, multi organization continued donor etc etc etc Last edited by ddestruel; 02-11-2013 at 6:15 AM.. |
#431
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Even if they cert petition now, it would take at least 4-5 months to even get SCOTUS consider cert. It would be late June before they'd take it for next term. June 9th is the day the 180 day period expires and the district court starts entering the preliminary injunctions against the state statutes. The state *might* make a motion to the 7th Circuit panel to stop the 180 clock, however I do not believe Judges Posner and Flaum (they would retain jurisdiction over the filings in the 7th) would approve that due to the fact that the state could have cert petitioned right after their loss on December 11th and they wouldn't do it, they chose to act cute and do the en banc route. Last edited by Gray Peterson; 02-10-2013 at 7:59 PM.. |
#432
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Thanks for the reply and outstanding posts here Gray.
So what can we extrapolate from the Illinois decision to "act cute" and request an en banc hearing before the 7th Circuit? Is this simply a desperate delaying tactic? If the en banc request was a delaying tactic, it does not look like a smart move by Illinois since they don't have the votes for en banc in the 7th and the net reult will be a delay in requesting cert from SCOTUS and the implementation of SHALL ISSUE in IL!! |
#433
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From the Chicago Amicus.....
"The City of Chicago faces a serious problem of firearms violence. In 2011, 83.4% of Chicago’s 433 murder victims were shot, and 82.4% of those murders occurred outside the home."
Well gee whiz.....So I wonder why we need our RKBA in Illinois? Is not our right and need to "bear" arms more acute outside the home...especially in Chicago! |
#435
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Listings of the Current 2A Cases, over at the Firing Line. |
#436
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The text and meaning of the Constitution was clear for centuries, and they acted in bad faith. There was a warning order issued in the Heller decision and they continued. McDonald was a rather direct warning, but they thumbed their noses. They lost in the case at hand and they gave the court the finger. The state is a oppressive malignant actor here, not a passive bumbling idiot. |
#437
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All the more reason to stay armed. The promise of "we'll protect you" is more empty than before, and if it suits the needs of the state, it won't protect you at all.
The streets in affluent parts of Lost Angles are taken care of, mostly. In South Lost Angles, not so much, but those people are a solid voting bloc and also have no money to buy influence. The same thing will happen with allocating police resources even more than it already has. |
#438
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"Government is the great fiction, through which everybody endeavors to live at the expense of everybody else." --FREDERIC BASTIAT-- Proud Life Member: National Rifle Association, the Second Amendment Foundation, and the California Rifle & Pistol Association |
#439
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-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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#440
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Vermont carry in Illonis by default.
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If someone is a law abiding citizen, they can carry period. This could get very interesting because when crime doesn't skyrocket, when the steets are running red with the blood of criminals who didn't follow the case and got blasted by armed victims, the Chicago machine will have a panic. If after a period of say 9 to 12 months that crime is not skyrocketing, they will have trouble passing any kind of permit system. The Chicago Machine will be split, support a very liberally issued CCW system or have no system at all. This could be very entertaining, especially if this happens soon and we have a 6 to 9 month track record of Vermont Style carry in Illonis prior to the SOCTUS hearing a CCW case. Nicki Nicki |
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