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Old October 20, 2010, 08:45 AM   #1
Al Norris
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Nordyke III

Nordyke (III) orals were yesterday, audio is here.

The first thing the court did was to ask Don Kilmer what he wanted the court to do. Remembering that the original District Court did not allow an amended complaint to include a 2A component (which was moot within the 9th Circuit at that time), did he want the case to go back to the District or decide the issue here?

While the lower court did not develop any record on the 2A merits, enough of a record has been developed within the appeals briefs and by the various amici briefs, that the record is there. This was inferred by Don when asked by the panel what they should do: send the case back or rule on the claim as pleaded.

As to the sensitive places argument, the County shot its own foot, when it admitted that it cannot exclude licensed CCW.

Despite what Mrs. Weaver claimed, the court can most certainly take under notice what the legislatures have said about what they passed. This was done in both Heller and McDonald.

Another fatal claim by the county was that people wanting to purchase a gun could do so at any of the 29 FFL's located in the county, therefore the right to purchase is little affected. This is akin to D.C. saying that they allow rifles and shotguns, therefore handguns can be banned, as the right is little affected.

The above are just a few random points that are percolating through my brain as I get ready for Jury duty this AM. Therefore...

In order to pursue judicial economy, at this late date, the panel may simply take de novo review from the pleadings as they stand: Ness v. Commissioner, 954 F.2d 1495, 1497 (9th Cir. 1992). Such review is 'independent.' Premier v. Fuentes, 880 F.2d 1096, 1102 (9th Cir. 1989).
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Old October 20, 2010, 12:07 PM   #2
swinokur
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Excellent. I think I read on Cal Guns that the county's claim of 29 FFL's was refuted and there are only actually 4?

They really did shoot themselves in the foot. Beautiful
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Old October 20, 2010, 12:19 PM   #3
Sefner
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Quote:
They really did shoot themselves in the foot.
But only with a gun with a 10 round max magazine with no mag release, folding stock, or combination of pistol grip, flash hider, or compensator, and only on the approve gun list that does not include "high powered" .50 caliber heat seeking baby killing cop destroying spray from the hipping shoot down airplaning.

So their foot should be ok.

Sorry, I had to

Back on topic, the arguments these people are making (such as in the Colorado college gun ban where it's not about guns, it's about the "autonomy of the board of reagents") are pretty far fetched.

I think California's strategery is extremely short-sighted. If they keep making these little, inconsequential arguments, we are going to find ourselves having the 2A under strict scrutiny by means of slippery slope. For instance, like DC, if they argue "well only handguns are banned so it's ok" that's going to get struck down. Then it's "well only high cap mags are banned so it's ok" that's going to get struck down, then it's "well only calibers over .40 are banned so it's ok" then that will get struck down. All of these little regulations and arguments fail when standing up to Heller and McDonald. If they don't change their strategery they are going to find themselves with a boat load of case law against them just because they keep losing all of these, in the scope of things, inconsequential cases.

But, as Al has alluded to, this idea of low hanging fruits is more the work of Alan Gura and our side than anything else.
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