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Old November 8th, 2018, 02:02 PM #301
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Just read it. Awesome work, as usual. Demolished their farcical interpretation of the law based on the AG's new interpretative guidance. Loved how you pointed out that the AG issued that guidance 3 days before D's petition for en banc review was due. Bunch of jokers.
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Old November 8th, 2018, 02:58 PM #302
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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!


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Old November 8th, 2018, 08:27 PM #303
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Well done. Definitely CA9 would be stepping into a steaming pile by voting for en banc.
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Old November 8th, 2018, 08:39 PM #304
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Well done. Definitely CA9 would be stepping into a steaming pile by voting for en banc.
Isn't the 9th slightly less crazy since getting a couple of new T45 judges? If so, is there hope for a favorable outcome here?
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Old November 8th, 2018, 08:47 PM #305
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Well done. Definitely CA9 would be stepping into a steaming pile by voting for en banc.
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.
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Old November 8th, 2018, 09:50 PM #306
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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.
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Old November 9th, 2018, 06:48 AM #307
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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.
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Old November 9th, 2018, 08:21 AM #308
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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.
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Old November 9th, 2018, 08:23 AM #309
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If they lose at SCOTUS it affects everyone anyway
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Old November 9th, 2018, 09:53 AM #310
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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
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