Canceling 14th Amendment CCW

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  • motorcoachdoug

    Ultimate Member
    MDS Supporter
    This is taken from a FaceBook page that I am following.

    California Right To Carry
    10 hrs ·
    Kolbe v. Frosh
    This is the second time my case was cited in a decision and this time it is even further removed.
    The denial of my preliminary injunction was cited for the proposition that retired police officers ARE NOT similarly situated to the general public which isn't what Judge Otero said in my case.
    I've made equal protection claims under several theories one of which is the Second Amendment is a fundamental right and I have been treated differently than others (those exempt from PC 25850 such as hunters and retired police officers). Judge Otero did not hold that retired police officers are not similarly situated to me, he held that the Second Amendment is subject to rational basis review and therefore my equal protection claim failed. Which is contrary to Silveira v. Lockyer even if he had been correct that the Second Amendment is subject to rational review, contrary to Heller and McDonald.
    It isn't as if the Kolbe court was unaware of Silveira given that it was mentioned 10 times in the decision.
    Do we blame the judges for their incompetence or do we blame the Congress which has the power and duty to remove these judges but fails to exercise their power? Or do we blame the voters who elected the members of congress and the Presidents who appointed these judges who were then confirmed by the Senate?
    That was a trick question. The answer is we blame all of the above.
    http://www.ca4.uscourts.gov/Opinions/Published/141945.P.pdf
    California Right To Carry's photo.
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    Due to the recent Kolbe ruling I am canceling the proposed 14Th Amendment CCW application effort. The language in the Kolbe case suggests that the 14Th Amendment will fail. There was some uncertainty going in, but now the level of of uncertainty has increased to an uncomfortable level. I thank those who have joined me and supported this effort.

    The 14a challenge must wait until after the 2a challenge. If there is no right to infringe there is no 14a issue..


    Someday there maybe.. but not now..

    A premature challenge can set us back decades...

    Just wait and watch...
     

    Jim12

    Let Freedom Ring
    MDS Supporter
    Jan 30, 2013
    34,099
    Gentlemen
    I do not know what to say except thank you so much. I live in the Silver Spring area of Maryland and the next class that I can find is in La Plata,MD in the middle of Feb. I know that would be a distance to drive but its better then driving to the eastern shore. If you know of any place closer even if it is not going to start until March I am willing to wait. Once again thank you for offer. Truly,you are both gentlemen here
    Sincerely
    Doug B
    motorcoachdoug.

    MSAR in Upper Marlboro. Closer than LaPlata. http://www.msar.com/about/msars-classes/
     

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