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Old September 24, 2010, 10:25 AM   #51
Bartholomew Roberts
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Let me add my thanks as well, you are covering this better than any of the professional legal sites out there.
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Old September 24, 2010, 01:32 PM   #52
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Um Shucks, folks... Just trying to do my small part in keeping us informed, but you're all welcome.
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Old September 24, 2010, 02:23 PM   #53
Bartholomew Roberts
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By the way, anyone notice the Federal District Court judge in the D'Cruz cases? It is Judge Sam Cummings. You may know him better as the author os the U.S. vs. Emerson decision
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Old September 24, 2010, 09:25 PM   #54
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Bart, I thought the name sounded familiar, but couldn't place it.

Anyone know if the D'Cruz docket has been RECAPped? Shoot me a PM and I'll change the link.
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Old October 1, 2010, 11:06 PM   #55
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Added another lawsuit, Wisconsin Carry v. City of Madison.

Did a bit of cleanup. Added several dockets that are now available, thanks to the users of RECAP on CalGuns. For those of you wondering, hit the link (hint, it's a FireFox add-on).

In other news, there is action in Ezell v. Chicago. See the discussion thread.

In Jackson v. San Francisco, the City has made a motion to relate another case (by attorney and lone wolf, Gorsky). By combining the cases, the NRA can "silence" the case and avoid yet another embarrassment by Gorsky.
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Old October 3, 2010, 02:30 PM   #56
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Dearth v. Holder

While there has been no movement in the case Dearth v. Holder, I have the initial briefs handy for you to read.

1. DC Circuit Appeals brief

2. US AG's Response brief.

3. Reply brief.

As yet, orals have not been scheduled. The most current 60-day calendar can be viewed here. Keep checking that link for updates as to when any orals might be scheduled.
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Old October 6, 2010, 11:01 PM   #57
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Case #24

Bonidy v. U.S.P.S.: Debbie and Tab Bonidy and the National Assoc. Gun Rights have sued the Postal service for violation of their 2A rights. Filed 10-04-2010 in the US District Court for the District of Colorado. Attorney James Manely (Mountain States Legal Foundation) for the plaintiffs.

The Bonidy's have no delivery service and must go to the P.O. in order to get their mail. They want to be able to drive to the P.O., leave their lawfully concealed firearms, secured in their vehicle and retrieve their mail. Postal regulations make it a felony to carry on any Postal property, even the parking lot.

The entire complaint is only 7 pages, so it is a short read.

Now, in case you missed it, this is the NAGR that is a party to this lawsuit. If you will remember, I and some others have virtually called the NAGR a front for the anti-gun lobby, at worst, or a GOA sock puppet, at best.

If this suit is an actual change for them, I may have to eat my words.
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Old October 11, 2010, 08:57 PM   #58
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Heller II has been scheduled for oral argument on November 15, 2010, at 9:30 A.M., before Circuit Judges Ginsburg, Henderson and Kavanaugh.
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Old October 14, 2010, 01:36 PM   #59
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Things are heating up in Wisconsin.

Clark County Judge Jon Counsell has ruled, in an MTD by the plaintiff, that Wisconsin's ban on concealed carry is overly broad, violates the 2A and the 14A, and is therefore unconstitutional. Read about it here.

I have no pointers to the first item (it is not yet on the PACER system). Since this case is essentially a county magistrates case, it is noteworthy, but unless appealed and upheld, is not yet citable as persuasive authority. It is notable in that this may cause the Wisconsin legislature to enact a workable CC statute.

In other news, Wisconsin Carry has filed another federal lawsuit. This one is a 42 U.S.C. § 1983 action that demands damages suffered by the plaintiff from the individual officers and to erase the records of her arrest. Read about this one at Wisconsin Carry, Inc.

This case, since it is at the federal level, may become citable if upheld. It has been included in the OP.

In other news, the SAF has filed another lawsuit. This one is in Georgia. It seems that in 1968, a man was convicted of a misdemeanor assault charge, fined $100 and court costs of $9 dollars. This in the State of MD, which until recently, did not have a statutory limitation on misdemeanor sentencing.

In 2008, Jefferson Wayne Schrader of Cleveland, GA (an honorably discharged Vietnam era Naval vet), was denied the opportunity to receive a shotgun as a gift. Again, denied in 2009 to purchase a handgun for self defense. These denials were based upon the new MD law that set a statutory limitation for any misdemeanor at 2 years incarceration. The feds are using that to deny firearms to a 1968 misdemeanor conviction. Read the SAF press release, here.

This lawsuit has not yet been made public and will be added to the case list, when available. (hint: someone post the link if you find it before I do)
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Old October 14, 2010, 03:49 PM   #60
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Quote:
Heller II has been scheduled for oral argument on November 15, 2010, at 9:30 A.M., before Circuit Judges Ginsburg, Henderson and Kavanaugh.
The judges are Reagan, Bush 41 and Bush 43 appointees, although Henderson dissented in Parker v. DC.
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Old October 14, 2010, 08:38 PM   #61
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Yet Another Update!

While searching the RECAP database, I came across Maloney v. Rice. You might remember that this was the nunchucka case.

I'm sure I'm not the only one that has been wondering what became of that case, once the Supreme Court GVR'd the case after McDonald was decided.

Well it seems that on 09-17-2010, James Maloney filed an amended complaint and it's actually quite a good read. Far different than his original writings were. While still quite verbose (21 pages of PDF text), I suspect he has been studying Gura's writing style.
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Old October 15, 2010, 08:16 AM   #62
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Quote:
I suspect he has been studying Gura's writing style.
Yes, that's the dangerous thing about attorneys. Once you get one who comes up with a really good argument, there are about 200 more who couldn't have come up with the argument; but can certainly understand it well enough to copy it and use it successfully.
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Old October 15, 2010, 09:34 PM   #63
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An update on the Wisconsin case that ruled that Wisconsin's law that prohibited concealed carry was unconstitutional.

The case is Wisconsin v. Schultz. Case No. 10-CM-138.

Judge Jon M. Counsell used strict scrutiny in light of Heller and McDonald. The Judge declared that the statute was unconstitutional on its face and was overly broad in violation of the 2A and 14A.

In 1977, the statute in question was amended to read:
Quote:
941.23 Carrying concealed weapon. Any person except a peace officer who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor.
Art. I, section 25 of the Wisconsin Constitution (amended in 1998) reads:
Quote:
Right to keep and bear arms. SECTION 25. The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.
The Judge argues that because of the amended constitutional right, the Statute is in violation.. Because McDonald used the 14th amendment to incorporate the 2A, a fundamental right, and because people are in fact being prosecuted for open carry, the statute fails strict scrutiny tests. To be sure, it's a bit more complicated than that as this is a very brief synopsis.

If this decision is upheld upon the appeals, and the Wisconsin legislature does nothing, Wisconsin will become the 4th Constitutional Carry State. As it stands now, in Clark county, it is now lawful to carry openly or concealed without a license.

Gene German, the Wisconsin Gun Rights Examiner has an article about this and includes the unofficial text of the decision, at the end of his article. Please read it here.
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Old October 16, 2010, 07:28 AM   #64
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That Jefferson Wayne Schrader case is making my head hurt.

The idea is that the feds are denying him gun ownership because he got in a fight 40 years ago and was convicted of misdemeanor assault?

Quote:
“Schrader’s dilemma,” explained SAF Executive Vice President Alan Gottlieb, “is that until recently, Maryland law did not set forth a maximum sentence for the crime of misdemeanor assault. Because of that, he is now being treated like a felon and his gun rights have been denied.”
Huh? What does the federal law they are challenging say?
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Old October 16, 2010, 10:30 AM   #65
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Publius, the feds are denying Schrader firearms by claiming he is a prohibited person, as defined in 18-922(g)(1) which says that anyone convicted of a crime to which a sentence of more than a year can apply, is a prohibited person.

Until 2007, MD did not have any maximum sentencing laws for misdemeanors. Then, a bill was passed that made most misdemeanors have, as a maximum, a 3 year sentence. Including the misdemeanor assault charge that Schrader was convicted of.

The feds are applying the current State law to the 40 year old conviction.

In essence, post McDonald, the plaintiff is claiming an ex post facto application of the law which denies his fundamental right.

It is clear, that any State may change (by statute) the nature of a misdemeanor crime to include a sentence of more than a year (one year and one day, anyone?), and the way the feds will interpret 922(g)(1), you become a prohibited person, regardless of when the crime was committed.
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Old October 16, 2010, 01:29 PM   #66
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Second Amendment Arms vs Chicago, yet another Chicago case

This case is far from the quality, punchy writing we've become accustomed to with Mr. Gura, but it's out there, so it might as well be included in this otherwise comprehensive log of active 2A cases.

It also is redundant, in that it addresses at least one issue currently being litigated by our favorite expert in 'Ezell', i.e. the range ban case. It does focus on gifting of firearms and the gun shop prohibition.

I wish these people would reach out and coordinate their efforts. Pooling resource beats the heck out of redundant, half-baked, efforts. But, they are correct in their complaints, and they have a right to bring them. I won't be surprised if they are combined with other cases.

The brief is all over the place, IMO. Buckle up.

http://ia700109.us.archive.org/16/it...245180.6.0.pdf

Here are some highights:

15. On or about July 1, 2010, in response to McDonald v.
Chicago, MAYOR DALEY, a long time fervent opponent of the right
of others, than himself, to keep and bear arms, publicly
announced at a press conference, “It’s clear to all that our
current handgun ordinance will soon be struck down by the
Seventh Circuit Court of Appeals,” and therefore he would
immediately propose the immediate adoption of an ordinance that
would have among its key provisions, inter alia, the following:
a. Limiting registration of no more than one handgun per
month in the home per adult or applicant and generally
prohibiting the possession of a handgun by any person
except in the person’s home.

b. Establishing a two-step process to own and register a
handgun. First, an applicant must obtain a city firearms
permit, which requires having a valid State of Illinois
Firearm Owner’s Identification (“FOID”) Card, and then an
applicant must register the gun with the Chicago Police
Department.

c. Prohibiting handgun ownership by anyone who has been
convicted of any violent crime, has two or more offenses
for driving under the influence of alcohol or drugs and
under state law has been convicted of domestic violence.


d. Banning “assault weapons” and providing for mandatory
jail time beginning in 2011 for anyone who is caught with
one.

e. Arbitrarily and capriciously requiring firearms safety
training, both in a classroom and on a firing range but
illogically imposing a total ban on all firearms training
and firing rages within the CITY.

f. Arbitrarily and capriciously imposing a total ban on all
gun shops and sales within the CITY.

g. Including “severe” penalties for violating the ordinance,
including hefty fines and jail time.

h. Arbitrarily and capriciously banning the gifting of
firearms by residents and non-residents to residents of
the CITY.

i. Arbitrarily and capriciously prohibiting weapons from
being sold, purchased, possessed, used, or transfer that
can hold more than ten (10) rounds/cartridges/bullets
thereby creating a de facto bans on widely and normally
used and owned and commercially sold type of handguns.

16. Thereafter, on the next day, July 2, 2010, and without
seeking or allowing public comment or input or review, and in
order to circumvent the Supreme Court ruling in McDonald v.
Chicago and deliberately deny CHICAGO’S law-abiding residents
and others wishing to purchase or use lawful firearms in the
CITY the ability to acquire, obtain, keep and bear arms, i.e.,
legal handguns and other weapons, CHICAGO adopted a more
sweeping ordinance hurriedly proposed by MAYOR DALEY to become
effective on July 12, 2010 (the “New Gun Ban Ordinance”, a copy
which is attached hereto as Exhibit “C”).
Case: 1:10-cv-04257 Document #: 6 Filed: 10/01/10 Page 6 of 78 PageID #:163
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Old October 16, 2010, 10:03 PM   #67
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Thanks to Maestro for the newest case - although I feel it is a train wreck in the making, I posted it nonetheless.

I used to think the NRA was bad at throwing a plate of spaghetti at the wall, to see what sticks, but this case appears to have thrown the entire pot of spaghetti at the wall.

Please keep referring back to the OP, as links to the dockets are found and updated. When clicking on the docket links, you will be taken to a RECAPped docket that will show you the most current entries downloaded from the PACER system.

RECAP is a FireFox plugin extension that allows those with PACER accounts to find the docs they need, and when downloaded from PACER, the RECAP program also archives the doc. When checking PACER for a document, if it has already been archived, RECAP will retrieve that doc, instead of the PACER doc. This saves everyone else money, except the first person who downloaded the original PACER doc. The RECAP archive is searchable, so if the pleading has been recapped, you can find it. See https://www.recapthelaw.org/ for more details.
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Old October 17, 2010, 01:59 AM   #68
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OK. I admit it. I blew this one.

Last Monday I reported:
Quote:
Heller II has been scheduled for oral argument on November 15, 2010, at 9:30 A.M., before Circuit Judges Ginsburg, Henderson and Kavanaugh.
Now look at what I was seeing when I reported this and credit for the first person to catch what I missed:
Quote:
Monday, November 15, 2010 9:30 AM
Judges Ginsburg, Henderson and Kavanaugh
10-7036 Dick Heller v. DC
10-5062 Stephen Dearth v. Eric Holder, Jr.
09-3056 In re: Sealed Case
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Old October 17, 2010, 02:07 AM   #69
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Here's a guess: only one judge per case?
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Old October 17, 2010, 09:33 AM   #70
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It looks like the panel will hear three cases, including both Heller II and Dearth.
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Old October 17, 2010, 10:24 AM   #71
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Thank you to those that keep this thread current. I currently have lots and lots of irons in the fire, and this thread makes it much easier for me to keep up with current 2A developments.
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Old October 17, 2010, 11:24 AM   #72
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Quote:
Originally Posted by gc70
... the panel will hear three cases, including both Heller II and Dearth.
Correcto mundo! Kudo's and a Hat Trick to you, Sir!

The circuit panel that hears orals in Heller II, will also hear orals on Dearth v. Holder.
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Old October 17, 2010, 02:22 PM   #73
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Regarding Schrader

There are a couple of interesting posts on THR.US by Schrader's Significant Other. In a nutshell, it seems that 40 years after Schrader plead guilty to a misdemeanor assault, the Maryland AG made any crime punishable by up to 2 yrs in prison automatically a 2-yr sentence. Thus, retroactively, Schrader became, in essence, a convicted felon for NICS purposes.

Interesting reading posted by "coolpillow" on THR:

http://www.thehighroad.us/showthread.php?t=420870
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Old October 17, 2010, 10:03 PM   #74
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The complaint in Shrader v. Holder.
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Old October 17, 2010, 11:04 PM   #75
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Thanks gc.

If anyone had bothered to go back to the OP of this thread, your would have found the Schrader case, linked to the docket. In the docket is a link to the complaint.

Just so everyone knows, anytime I find or get sent a new case, I list it in the OP. I also try to find the docket entry and link to that. Failing a docket entry, I will try and link to the complaint.

The docket entries are important, as they show whats going on with a particular case, even if every item in the docket hasn't been linked. This changes, sometimes several times a week. I do not always announce these changes nor is it me that changes the docket entries, so it would behoove you to go back and click on those docket links every so often.
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