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The Range
Law & Order
2A Federal Court Cases being heard today in CA9
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<blockquote data-quote="Coded-Dude" data-source="post: 2010681" data-attributes="member: 16918"><p>California 9th District Federal Court Three Judge Panel: Callahan, O'Scainlain, & Thomas</p><p></p><p>First case heard: <strong><a href="http://wiki.calgunsfoundation.org/Peruta_v._County_of_San_Diego" target="_blank">Peruta v. County of San Diego</a></strong></p><p></p><p>Plaintiffs:</p><p>EDWARD PERUTA, MICHELLE LAXSON,</p><p>JAMES DODD, DR. LESLIE BUNCHER,</p><p>CALIFORNIA RIFLE AND PISTOL ASSOCIATION FOUNDATION</p><p> </p><p> v.</p><p></p><p>Defendants: </p><p>COUNTY OF SAN DIEGO,</p><p>WILLIAM D. GORE</p><p>INDIVIDUALLY AND IN HIS </p><p>CAPACITY AS SHERIFF</p><p></p><p><a href="http://www.ca9.uscourts.gov/datastore/media/2012/12/06/10-56971.wma" target="_blank">AUDIO OF ARGUMENTS</a></p><p></p><hr /><p></p><p></p><p>Second case heard: <strong><a href="http://wiki.calgunsfoundation.org/Richards_v._Prieto" target="_blank">Richards v. Prieto</a></strong></p><p></p><p>Plaintiffs:</p><p>Adam Richards, Brett Stewart, </p><p>Second Amendment Foundation, Inc., </p><p>and The Calguns Foundation, Inc.,</p><p></p><p> v.</p><p></p><p>Defendants: </p><p>Ed Prieto, and County of Yolo</p><p></p><p><a href="http://www.ca9.uscourts.gov/datastore/media/2012/12/06/11-16255.wma" target="_blank">AUDIO OF ARGUMENTS</a></p><p></p><hr /><p></p><p>Third case heard: <strong>Baker v. Kealoha et. al</strong></p><p></p><p>Plaintiffs:</p><p>Christopher Baker </p><p></p><p>Defendants:</p><p>Louis Kealoha , State of Hawaii,</p><p>City and County of Honolulu, Honolulu Police Department,</p><p>and Neil Abercrombie </p><p></p><p><a href="http://www.ca9.uscourts.gov/datastore/media/2012/12/06/12-16258.wma" target="_blank">AUDIO OF THE ARGUMENTS</a></p><p></p><hr /><p></p><p>All three cases are related to carry outside the home, which is why CA9 has requested they all be heard together. However they are not yet consolidated. I'm not that familiar with the HI case, but the Richards case has the most merit and is being argued far better than Peruta(which was/is basically a copycat suit). Alan Gura, who is 2-0 at the SCOTUS level(DC v. Heller - Chicago v. McDonald) and should be able to get this one to SCOTUS level if we do not receive an adequate ruling. Hopefully this would help establish Shall Issue nation wide. However, I do not think that they are shooting for both forms of carry(open and concealed), because as long as one is available to anyone who applies, we win. Basically, let the states decide which form of carry they want to allow(but one must be available at minimum).</p><p></p><p>Banning Unloaded Open Carry(UOC) in CA was actually good for us(short term) as it really helped the Plaintiffs argument. Before, the Defendants would refer to UOC as the main reason that they have no responsibility or legal requirement to issue permits, because there was a way to carry(albeit unloaded). Now that UOC is banned there are several counties that have no method of recourse for obtaining a permit(unless of course you are a politician, celebrity, or a close friend to the Sheriff - see the map below). Now the Defendants are arguing that they should be able to continue to deny concealed permits and that the Plaintiffs should be going after the Open Carry Ban(AB144). Prieto/Yolo council were actually so bad with their arguments that a lot of it was made up rhetoric that they hoped would hold. Of course, Gura wasn't having any of it.</p><p></p><p><strong>[Broken External Image]</strong></p><p></p><p>None of this really pertains to OK as you guys already live in a Shall Issue state, but these cases could help cement the real meaning of the second amendment(bear arms), that it applies virtually anywhere within the US(not just in the home). I'm not sure when we will get a ruling from the panel, but I will keep this thread updated as the cases continue.</p><p></p><p>[EDIT] Updated with audio arguments. These are direct links the WMA files.</p></blockquote><p></p>
[QUOTE="Coded-Dude, post: 2010681, member: 16918"] California 9th District Federal Court Three Judge Panel: Callahan, O'Scainlain, & Thomas First case heard: [B][URL="http://wiki.calgunsfoundation.org/Peruta_v._County_of_San_Diego"]Peruta v. County of San Diego[/URL][/B] Plaintiffs: EDWARD PERUTA, MICHELLE LAXSON, JAMES DODD, DR. LESLIE BUNCHER, CALIFORNIA RIFLE AND PISTOL ASSOCIATION FOUNDATION v. Defendants: COUNTY OF SAN DIEGO, WILLIAM D. GORE INDIVIDUALLY AND IN HIS CAPACITY AS SHERIFF [URL="http://www.ca9.uscourts.gov/datastore/media/2012/12/06/10-56971.wma"]AUDIO OF ARGUMENTS[/URL] [HR][/HR] Second case heard: [B][URL="http://wiki.calgunsfoundation.org/Richards_v._Prieto"]Richards v. Prieto[/URL][/B] Plaintiffs: Adam Richards, Brett Stewart, Second Amendment Foundation, Inc., and The Calguns Foundation, Inc., v. Defendants: Ed Prieto, and County of Yolo [URL="http://www.ca9.uscourts.gov/datastore/media/2012/12/06/11-16255.wma"]AUDIO OF ARGUMENTS[/URL] [HR][/HR] Third case heard: [B]Baker v. Kealoha et. al[/B] Plaintiffs: Christopher Baker Defendants: Louis Kealoha , State of Hawaii, City and County of Honolulu, Honolulu Police Department, and Neil Abercrombie [URL="http://www.ca9.uscourts.gov/datastore/media/2012/12/06/12-16258.wma"]AUDIO OF THE ARGUMENTS[/URL] [HR][/HR] All three cases are related to carry outside the home, which is why CA9 has requested they all be heard together. However they are not yet consolidated. I'm not that familiar with the HI case, but the Richards case has the most merit and is being argued far better than Peruta(which was/is basically a copycat suit). Alan Gura, who is 2-0 at the SCOTUS level(DC v. Heller - Chicago v. McDonald) and should be able to get this one to SCOTUS level if we do not receive an adequate ruling. Hopefully this would help establish Shall Issue nation wide. However, I do not think that they are shooting for both forms of carry(open and concealed), because as long as one is available to anyone who applies, we win. Basically, let the states decide which form of carry they want to allow(but one must be available at minimum). Banning Unloaded Open Carry(UOC) in CA was actually good for us(short term) as it really helped the Plaintiffs argument. Before, the Defendants would refer to UOC as the main reason that they have no responsibility or legal requirement to issue permits, because there was a way to carry(albeit unloaded). Now that UOC is banned there are several counties that have no method of recourse for obtaining a permit(unless of course you are a politician, celebrity, or a close friend to the Sheriff - see the map below). Now the Defendants are arguing that they should be able to continue to deny concealed permits and that the Plaintiffs should be going after the Open Carry Ban(AB144). Prieto/Yolo council were actually so bad with their arguments that a lot of it was made up rhetoric that they hoped would hold. Of course, Gura wasn't having any of it. [b][Broken External Image][/b] None of this really pertains to OK as you guys already live in a Shall Issue state, but these cases could help cement the real meaning of the second amendment(bear arms), that it applies virtually anywhere within the US(not just in the home). I'm not sure when we will get a ruling from the panel, but I will keep this thread updated as the cases continue. [EDIT] Updated with audio arguments. These are direct links the WMA files. [/QUOTE]
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