Young Opening Brief Filed

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  • wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    This probably will go en banc but I really how the Ninth distinguishes the current case law.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    This probably will go en banc but I really how the Ninth distinguishes the current case law.

    I don't know. From my perspective there are 2 scenarios (barring some technical glitch), neither being attractive for the 9th Circuit.
    Rule for you, or declare a home bound right and risk SCOTUS review on a very fundamental question, much more so than any of the cases it's denied review on.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    That is great since I get heard on Monday and he gets heard on Wednesday mine has priority correct?

    From the 9th Circuit's general order: "The panel with the earliest originally scheduled oral argument in a case has priority over the disposition of a common legal question pending before two or more panels."
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    Just listened to oral arguments and Hawaii's counsel was completely unprepared and has basically conceded that the only way they win is that the panel finds the 2A doesn't extend outside the home.
    He also flat out admitted he's unaware of anyone getting an OC permit.
    This may be a 3-0 slap down, although I'm not sure about Clifton so much.
    Definitely clear on O'Scanlan, as usual.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    It always helps when the opposition's case is a flat out loser to begin with.

    They claim it's not a total ban but ZERO permits issued for at least 20 years. I doubt ANY of the judges were buying that.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Just listened to oral arguments and Hawaii's counsel was completely unprepared and has basically conceded that the only way they win is that the panel finds the 2A doesn't extend outside the home.
    He also flat out admitted he's unaware of anyone getting an OC permit.
    This may be a 3-0 slap down, although I'm not sure about Clifton so much.
    Definitely clear on O'Scanlan, as usual.

    :party29::party29:

    I did my best guys I hope it turns out well.


    well done!
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,353
    SoMD / West PA
    You did a good job:thumbsup:

    Question: why didn't you mention Caetano, when the judges started asking if the right extends beyond the home?
     

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    You did a good job:thumbsup:

    Question: why didn't you mention Caetano, when the judges started asking if the right extends beyond the home?

    Not enough time. That would require explaining the analysis of the case which would have taken 2-3 minutes since there is not a explicit ruling that the right extends outside the home. I did file it with the Court.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    You did a good job:thumbsup:

    Question: why didn't you mention Caetano, when the judges started asking if the right extends beyond the home?

    Caetano didn't turn on the inside/outside the home question. Wrenn & Moore were mentioned and those are as good as any.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    Yes, that is true.

    Caetano, is the only SCOTUS opinion that said the appeals court got it wrong, unanimously.

    Well, that would have bolstered the stun gun argument of this case, however, the judges never asked about it, only open carry of a handgun.
     

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