November 9, 2014, 06:12 PM | #476 |
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Palmer v. DC news: Judge Scullin has refused the District's request for a motion to reconsider the July ruling.
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November 10, 2014, 04:28 PM | #477 | |
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Judge Scullin's order denying D.C.'s motion to reconsider is here.
And, if D.C. did not get the message: Quote:
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November 10, 2014, 05:08 PM | #478 |
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Ancillary case:
http://www.scotusblog.com/case-files...s-association/ The case above has zero to do with the Second Amendment directly; but instead challenges the government's power to regulate via interpretive rulemaking in accordance with the Administrative Procedures Act. As such, the outcome has the potential to affect such issues as the current ATF 41P proposal, import of 922(r) items, straw purchase rules from Abramski, etc. It is headed to SCOTUS this December. |
November 13, 2014, 02:26 PM | #479 |
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Fisher v. Kealoha on appeal opening brief filed
https://www.scribd.com/doc/246419922...-Opening-Brief |
November 27, 2014, 01:27 AM | #480 |
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Kamala Harris files for en banc on Peruta intervention ruling
February, 9th rules that Peruta wins.
AG Harris and Brady Campaign and CA Police Chiefs Association petition to intervene, even though not being involved before. Nov 12, 9th ruled Harris and others could not intervene. Nov 26 those hopefuls file for en banc reconsideration of the intervention ruling. 9th doesn't have the doc on its website yet - http://www.ca9.uscourts.gov/content/..._id=0000000722 http://michellawyers.com/guncasetrac...rutavsandiego/ has both the petition from Harris and from Brady. 9th did not issue the mandate to the lower court, so apparently this move was expected. So, net is that things are delayed yet again.
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November 27, 2014, 04:09 PM | #481 |
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Kamala Harris is dumber than a box of rocks.
If she was smart she'd be focused on supporting Richards (Yolo County Calif.) and/or Baker (Hawaii) in some fashion, making sure one of those went en banc and overturned Peruta. Instead she's messing around with Peruta when she doesn't need to. She's either a moron or a glory hog (PR chaser) of some sort...probably both.
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December 19, 2014, 01:05 AM | #482 |
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She has no standing in the Baker case, since it does not involve California law. Further, Baker arose from the denial of a petition for preliminary injunction, rather than after a judgment on the merits, so it is extremely unlikely that en banc will be granted.
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December 19, 2014, 10:58 PM | #483 |
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http://www.wsj.com/articles/BL-LB-50140
Appeals Court Finds Gun Ban for Committed Man Unconstitutional sorry for the drive by....
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December 19, 2014, 11:20 PM | #484 | |
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Quote:
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January 15, 2015, 07:37 PM | #485 |
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Jackson vs San Francisco (guns must be kept locked up) -
(http://michellawyers.com/guncasetrac...cksonvsanfran/) Jackson et al filed for certiorari Dec 2014; Amicus filing today (Jan 15)
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January 23, 2015, 05:33 PM | #486 |
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The appeal of Arie Friedman v. City of Highland Park was argued before a 7th Circuit panel yesterday. Friedman sued over Highland Park's "assault weapons" ban, which was modeled after and is nearly identical to Cook County's AWB.
You can listen to the arguments here: http://media.ca7.uscourts.gov/sound/...01_22_2015.mp3 |
January 24, 2015, 05:18 PM | #487 |
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I'm two minutes in and it is already a mess. Our side is arguing that a law from 1930 should be considered long-standing. Why didn't he go directly to the dangerous and unusual reasoning wherein bazookas might actually be outside of the second amendment protection?
He then goes on to practically stipulate that fully automatic weapons are illegal in most states, which is false. Okay, he did better as it went along. I could not believe the female judge declaring that thumbhole stock enabled a person to "spray from the hip", and that a collapsible stock somehow made an AR 15 "concealable". And would it be so difficult to get some kind of reliable number or range of numbers indicating the degree of commonality of these semi automatic rifles? That being a linchpin of the common use test, I would think that data would have been essential. Also, no mention of the microscopically tiny number of rifles of all types being used in homicides, let alone from "assault rifles". Last edited by Spats McGee; January 25, 2015 at 09:55 AM. Reason: Removing disguised profanity |
January 24, 2015, 10:47 PM | #488 |
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@maestro pistolero - all of those things were covered in the appellate briefs. The actual hearing is very limited in time and I actually feel pretty good about this one. Easterbrook will be the swing vote, I think he went into the bazooka thing trying to set up a trap and the fish weren't biting. Easterbrokk did seem to accept that the banned weapons were "in common use".
Wilson, the Highland Park attorney, was just awful and basically had nothing but appeals to emotion. |
February 26, 2015, 07:30 PM | #489 |
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CA: Pena v Lindley (was: Cid) loss at Federal Eastern District
Took over 5 years to get the motion to dismiss in favor of defendants.
Order: http://ia801400.us.archive.org/30/it...91444.94.0.pdf It will be appealed to the 9th Circuit, I am told.
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April 2, 2015, 10:25 PM | #491 |
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Which is pretty much the same as the old DC carry law.
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April 28, 2015, 01:15 PM | #492 |
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The 7th Circuit has refused to enjoin Highland Park's local ordinance banning assault weapons and "large" capacity magazines. Their reasoning may be found in this 2-1 opinion;
http://media.ca7.uscourts.gov/cgi-bi...:N:1541776:S:0 Not the best legal scholarship by a long shot. The majority appears to have misunderstood Heller, Miller and several other previous Second Amendment cases. |
October 18, 2015, 12:53 PM | #493 |
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The Highland park case could be extra interesting. If the supreme court takes it up, they'd better be careful with their wording if they uphold the Highland park bans. It could be interpreted as allowing local civic law to trump federal law if they are not careful. For that reason, I would think they will not likely side with the Chicago suburb government.
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October 18, 2015, 11:29 PM | #494 |
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I certainly hope they overturn it, or Heller and MacDonald were so much window dressing.
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October 26, 2015, 06:34 PM | #495 |
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I filed out opening brief challenging the machine gun ban. We have another brief due on Dec. 2 in the 3rd Circuit on the same issue.
Hollis 5th Circuit Opening Brief Hollis Record Excerpts Last edited by wolfwood; October 28, 2015 at 06:24 PM. |
October 27, 2015, 12:23 PM | #496 |
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Good luck, sir
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November 16, 2015, 09:45 AM | #497 |
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A challenge to an assault weapon ban, Friedman v. Highland Park (15-133), has been relisted for the 5th time.
I wish I could see what is going on behind the curtain on this one! |
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