Young Opening Brief Filed

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  • CrabcakesAndFootball

    Active Member
    Jun 14, 2017
    697

    delaware_export

    Ultimate Member
    Apr 10, 2018
    3,142
    as a non-lawyer, it looks good.

    the way you address the misrepresentations by .gov really hits them hard.

    the snail's pace of courts is very hard for non-legal types, like me!, to come to terms with. i mean, .gov is all over johnq when they do something wrong, but correcting .gov issues is such a long, drawn process.

    as you note, since 2011, this case has been working it's way through the courts.

    keep up the good work!


     

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    Last thing is on the 18th amicus briefs will be filed

    Hawaii Firearms Coalition is filing one about the Big Island
    Madison Society is filing one on the state of Second Amendment law
    SAF is filing one on how the law does not comply with due process
    Hawaii Rifle Association is filing on Second Amendment law generally
    San Diego County Gun Owners is filing one to refute the Everytown's Brief's history
    Gun Owner's of America is filing one.

    So 6 total.
     

    motorcoachdoug

    Ultimate Member
    MDS Supporter
    Hawaii will have to do some really hard thinking if they are denied a En Banc hearing before 9CA. Does Hawaii and to some lesser extent does Cali want this case to go before SCOTUS where if you think about it, it might effect the 1st CA,2cd CA,3rd CA and the 4thCA as well in future rulings.
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,063
    Anne Arundel County
    Hawaii will have to do some really hard thinking if they are denied a En Banc hearing before 9CA. Does Hawaii and to some lesser extent does Cali want this case to go before SCOTUS where if you think about it, it might effect the 1st CA,2cd CA,3rd CA and the 4thCA as well in future rulings.

    I'm not so sure Hawaii would care about the effect on circuits on the US East Coast. The Ds that run that state are fixated on control in their territory.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    Why do you say that? IIRC the majority of the judges in 9CA are still progressive, even after T45 nominations. They're pathologically incapable of letting a pro-2A ruling stand.

    They are, and I do not put anything past them but HI has fought the case all throughout that there's no right outside the home and the OC permit is reserved for security personnel (and by not granting any to regular citizens affirms it).

    Now, at the 11th hour they do an about face and claim they were misinterpreted. The 9th will have their hands full trying to clean up the mess knowing SCOTUS might be more apt to take it especially if the 9th wants to pull shenanigans
     

    whistlersmother

    Peace through strength
    Jan 29, 2013
    8,948
    Fulton, MD
    Perhaps now SCOTUS will take Young - complete bans seem to catch their eye - as in Heller.

    We shall see if either Gorsuch or Kavanaugh are constitutionalists after all... and I just don't know about Roberts - I don't think anyone does.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    Perhaps now SCOTUS will take Young - complete bans seem to catch their eye - as in Heller.

    We shall see if either Gorsuch or Kavanaugh are constitutionalists after all... and I just don't know about Roberts - I don't think anyone does.

    That would be in 3-4 years by my best guess. If CA9 denies en banc then I doubt SCOTUS will grant cert.
     

    Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,230
    Montgomery County
    This just got filed. I think I struck a nerve

    In fact, you got so far under their skin that they couldn't take a deep breath and proofread their filing enough to notice that they used the word "causal" when they meant the word "casual."

    And yes, one does detect a certain atmosphere of ... petulant crankiness on their part.

    Edit: And, is their passage about "citizen" vs. "security" even meaningful? Aren't all people acting as providers of security in fact citizens? I believe I understood the issue to be that, in practice, non-security-providers hadn't ever been issued a permit (never mind what that person is labeled in the sense this reply mentions). Thoughts?
     

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    In fact, you got so far under their skin that they couldn't take a deep breath and proofread their filing enough to notice that they used the word "causal" when they meant the word "casual."

    And yes, one does detect a certain atmosphere of ... petulant crankiness on their part.

    Edit: And, is their passage about "citizen" vs. "security" even meaningful? Aren't all people acting as providers of security in fact citizens? I believe I understood the issue to be that, in practice, non-security-providers hadn't ever been issued a permit (never mind what that person is labeled in the sense this reply mentions). Thoughts?

    I got a lot of work to do regarding this. I'll post something later.
     

    motorcoachdoug

    Ultimate Member
    MDS Supporter
    I thought it made for very interesting reading and it does suggest that they became ah "very upset" that is putting it mildly, after they read the reply you filed. This is turning into a very interesting case and I for one would not be surprised if it did end up asking for cert before SCOTUS. Of course it goes without saying will SCOTUS grant cert is the million dollar question..
     

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