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March 11, 2014, 08:42 PM | #1 | ||
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Location: Concord, CA
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Calif: Fyock v Sunnyvale CA 11+ Magazine ban
In 2013, the city of Sunnyvale passed a ban on mags greater than 10 rounds.
Michel & Associates filed suit. District Court for the Northern District of California denied a temporary injunction, requested in December, replying one day before the law was to take effect. 9th Circuit also denied the injunction. "EMERGENCY APPLICATION FOR INJUNCTION PENDING APPEAL" was filed to SCOTUS - Justice Kennedy, assigned to 9th Circuit. Justice Kennedy has today (March 11, 2014) requested briefs. Here is the appellant's brief: http://michellawyers.com/wp-content/...peal_____1.pdf Particularly notable is the argument that the damage is irreparable Quote:
Here is SCOTUSBlog's page for the case: http://www.scotusblog.com/2014/03/ne...of-gun-rights/ Quote:
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March 12, 2014, 08:21 AM | #2 | ||
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Librarian Wrote;
Quote:
Quote:
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WITHOUT Freedom of Thought, there can be no such Thing as Wisdom; and no such Thing as public Liberty, without Freedom of Speech. Silence Dogood Does not morality imply the last clear chance? - WildAlaska - |
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March 12, 2014, 04:57 PM | #3 |
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I thought 10 was the magic number everywhere in California.
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March 12, 2014, 05:46 PM | #4 |
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Sunnyvale filed its response.
Justice Kennedy denied the motion without comment. See the SCOTUSBlog page http://www.scotusblog.com/2014/03/ne...of-gun-rights/ So, appeal to 9th Circuit goes ahead. Per the law firm, briefs for that appeal are due in early April.
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Last edited by Librarian; March 12, 2014 at 05:54 PM. |
March 12, 2014, 05:49 PM | #5 | |
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Quote:
Possession and use of legally acquired large-capacity magazines is not regulated at the State level; this case, of course, is arguing it should not be regulated at lower levels of jurisdiction. "legally acquired" generally means pre-2000 possession in the state. ETA, since this always comes up: The term "large-capacity magazine" has a California legal definition. It does not make any difference that the definition makes no sense, nor that the term is clearly a successful effort to control the vocabulary and control the discussion. In the context of California law, using any other term except the legal one causes confusion.
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Last edited by Librarian; March 12, 2014 at 06:27 PM. |
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March 14, 2014, 02:41 PM | #6 | |
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Update from Michel & Associates
Quote:
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