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Old September 18, 2010, 09:24 PM   #45
Al Norris
Staff
 
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,306
There were a couple of things that happened yesterday.

First, for all intents and purposes, the Nevada case, Baker v. Drozdoff (formerly Baker v. Biaggi), has been settled.

In a joint motion to the Court, all parties to the action have requested a preliminary injunction, enjoining all Nevada State operators from enforcing any of the contested administrative rules and regulations. This, while the Nevada Legislature starts a formal proceeding to change the rules (they have 60 days to start the process). The language is to be amended to remove the infringement of 2A rights.

Congratulations should definitely go to attorney Jim Manley of the Mountain States Legal Foundation and to the Nevada Attorney General's Office for forging an agreement that preserves our rights. You will notice, if you go back to the opening post, the entry is now green (for the win). Would that the other cases go so smoothly!


In the OOIDA v. Lindley case (AB962 - handgun ammo law), the State has filed a motion to dismiss (naturally). The motion appears on its face as a boilerplate memorandum that states no one has standing to sue; no one has suffered a harm; The court doesn't have jurisdiction and in the end, the 11th amendment bars the plaintiffs from suing the State in Federal Court. You can read it here. A hearing is set for 11-18-2010.

The motion even mentions that this case should be stayed until Parker v. California (a State court issue) has been heard.


According to No Lawyers - Only Guns and Money, there are several things happening next week, beginning on Monday.
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