Silvester v. Kamala Harris CA 10 Day Wait

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  • Southwest Chuck

    A Calguns Interloper.. ;)
    Jul 21, 2011
    386
    CA
    Just got an update:

    LAWSUIT UPDATE

    Our attorneys will be arguing two important civil rights cases TOMORROW at the 9th Circuit Court of Appeals in San Francisco.

    The Court decided that the same panel (made up of Chief Judge Thomas and Circuit Judges Schroeder and Nguyen) would hear both cases on the same day -- one right after the other.

    Silvester v. Harris is a Second Amendment challenge to California's 10-day waiting period. (The District Court previously ruled in our favor following a 3-day bench trial.)

    Tracy Rifle and Pistol v. Harris challenges California's ban on some truthful, non misleading handgun-related speech by firearms dealers -- what we believe is a violation of First Amendment rights.

    You can watch the orals LIVE at this link .....
    https://www.youtube.com/user/9thcirc/videos
     

    rockstarr

    Major Deplorable
    Feb 25, 2013
    4,592
    The Bolshevik Lands
    For those that are curious (like I was)
    Thomas - Clinton
    Nguyen - Obama
    Schroeder - Carter

    yay


    This is why I would make the worst attorney. I would see that panel of judges and my opening argument would be, with this current make up of judges, I know they wont have an open mind and thus this case doesn't have a fair shot so, I wont even bother. have a nice day and see you all later :)
     

    GTOGUNNER

    IANAL, PATRIOT PICKET!!
    Patriot Picket
    Dec 16, 2010
    5,493
    Carroll County!
    I agree that with the makeup of the court this is just going through the motions of a denial.

    Agreed
    Not to mention the leading questions.
    Kind of like the HQL and Handgun permit here. If you have one why would you need a 7 day waiting period. If the 10 day period is struck down, we need the same case here.
     

    JC92

    Active Member
    Aug 1, 2012
    104
    MD
    After watching both cases, it appears that the Tracy case (advertising of firearms) has even odds. The judges appeared to compare this case favorably with 1st amendment restrictions under similar circumstances.

    Surprising to me, the judges appeared ready to overturn the Sylvester case (10-day waiting period) in which we actually won at the district level. I gathered that they really did not care that someone has to return the store to retrieve their firearm. Their opinion seemed to be that if one had to return to the store after a 1-day waiting period, it might as well be 10.
     

    EL1227

    R.I.P.
    Patriot Picket
    Nov 14, 2010
    20,274
    Slight diversion ...

    Just got an update:

    You can watch the orals LIVE at this link .....
    https://www.youtube.com/user/9thcirc/videos

    For those that are curious (like I was)
    Thomas - Clinton
    Nguyen - Obama
    Schroeder - Carter

    yay

    This is why I would make the worst attorney. I would see that panel of judges and my opening argument would be, with this current make up of judges, I know they wont have an open mind and thus this case doesn't have a fair shot so, I wont even bother. have a nice day and see you all later :)

    Ain't the nutty Ninth the most overturned appellate court in the country?

    Guns aren't the ONLY thing that Kamala Harris wants to control as she once again goes to the 9th for instant gratification. Hopefully a full en banc or SCOTUS appeal is in order after the looneys make their ruling.

    Koch-Backed Conservative Group Fights California AG’s Attempt to ‘Chill’ Speech

    “This effort to chill our right to the First Amendment is critical to what the left’s whole agenda is,” Mark Holden, the general counsel for Koch Industries, told The Daily Signal in an interview. “They talk about getting big money out of politics, but what they really mean is going after speech and activity they disagree with, made by groups they disagree with.”

    On April 21, U.S. District Judge Manuel Real found that Americans for Prosperity, which was founded by Charles and David Koch, does not have to submit to Attorney General Kamala Harris the names and addresses of its donors who have spent more than $5,000.

    “The bottom line is, over the last six years we have seen a war on speech,” Holden said. “We are even seeing it on climate change, where we see the use of threats and force by law enforcement to silence groups they don’t agree with. This should not be a partisan issue. It’s just free speech.”
     

    Attachments

    • Guns-and-Free-Speech.jpg
      Guns-and-Free-Speech.jpg
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    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    And the 9th Circuit has ruled. Reversed. No surprise. Judge Thomas is particularly anti-2A.
     

    Attachments

    • Silvester. opinion.pdf
      328.5 KB · Views: 162

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    IMO if they did a cert before SCOTUS it would not be heard at all. I think that the only way they would take it is if SCOTUS ruled on a similar case where it did violate 2A the waiting time.

    This is not a particularly good candidate for cert. At least not IMHO.
     

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