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Old September 21, 2010, 09:07 PM   #48
Al Norris
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,541
A Motion for Partial Summary Judgment, Peruta v. County of San Diego (see the OP of the Current 2A cases - Click on the Peruta link to get to the docket and scroll down to the Memo and Points of Authorities) has been filed.

Without going into detail of this motion, I wanted to highlight a specific passage:
Plaintiffs cannot obtain the permits that state law requires for concealed carry from the County, nor can they generally carry loaded handguns openly under state law. (SUF 6). In effect, they cannot bear any arms in any practical manner for the core purpose of self-defense. Little more need be said. The County has violated and continues to violate Plaintiffs’ Second Amendment rights, as well as the rights of thousands of similarly situated citizens. And this is true regardless of what type of heightened scrutiny this Court adopts in reviewing the County’s policies and practices. Actually, this Court need not adopt any particular standard of review for, as in Heller, the severity of the County’s restrictive policy and practices renders them void under any level of heightened scrutiny.
Note the part I highlighted. This is a recurring theme in many of the suits. What is being said, is that the law, as implemented, is so bad, that the court (like Heller & McDonald) does not have to decide any level of scrutiny, because the law wouldn't pass the strictest scrutiny, let alone any lower level.

After stating this, most of the suits go immediately to strict scrutiny in their arguments, as does this one.

I could go back, quote and highlight each and every like passage in most all of the 22 complaints. They are there. The major theme: The laws are so invasive as to fail any level of judicial scrutiny, therefore, the court need not decide what level at this time. But if the court should feel the need to decide, then strict scrutiny because ...

I first noticed this in Alan Gura's earlier case writings. This strategy has been "picked up" by the other attorneys involved in these suits. Yes, they are all communicating and cooperating with each other.
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