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Al Norris · June 25, 2012, 09:53 PM

A not much talked about case, Scocca v. Smith, a Don Kilmer CCW case based not upon the 2A but upon the Equal Protection clause of the 14th amendment was just dismissed. This case was specific in that it did not implicate the 2A at all.

The Docket is here: http://www.archive.org/download/gov....67.docket.html

The Order granting the County's MTD is here: http://www.archive.org/download/gov....38467.40.0.pdf

Interesting procedure used by Judge Chen (who took over the case from Judge Fogel on May 19, 2011). The case was stayed, pending Nordyke on Feb. 14, 2012. The Stay was lifted on June 12th, with a Case Management Conference set for July 13th. Then, last Friday, the Judge issued his Order Granting Defendants #9 MTD.

The lawsuit had 3 claims. 1) A violation of the 14th amend. EP clause; 2) A violation of the CA EP clause; and 3) A violation of CA Civil Code § 52.3.

We will have to wait and see what the plaintiffs will do.

The Judge dismissed counts 2 and 3 with prejudice but count 1 was dismissed with leave to file an amended complaint within 30 days.

June 25, 2012, 09:53 PM	#349
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	A not much talked about case, Scocca v. Smith, a Don Kilmer CCW case based not upon the 2A but upon the Equal Protection clause of the 14th amendment was just dismissed. This case was specific in that it did not implicate the 2A at all. The Docket is here: http://www.archive.org/download/gov....67.docket.html The Order granting the County's MTD is here: http://www.archive.org/download/gov....38467.40.0.pdf Interesting procedure used by Judge Chen (who took over the case from Judge Fogel on May 19, 2011). The case was stayed, pending Nordyke on Feb. 14, 2012. The Stay was lifted on June 12th, with a Case Management Conference set for July 13th. Then, last Friday, the Judge issued his Order Granting Defendants #9 MTD. The lawsuit had 3 claims. 1) A violation of the 14th amend. EP clause; 2) A violation of the CA EP clause; and 3) A violation of CA Civil Code § 52.3. We will have to wait and see what the plaintiffs will do. The Judge dismissed counts 2 and 3 with prejudice but count 1 was dismissed with leave to file an amended complaint within 30 days.