Post-McDonald Second Amendment Cases

The #1 community for Gun Owners of the Northeast

Member Benefits:

  • No ad networks!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • Al Norris

    Spud Head
    Dec 1, 2010
    746
    Rupert, Idaho
    Instead of updating three threads with the same information, I'm putting this here as general information.

    Of the 3 cases up for orals in the 9th Circuit, all 3 will be heard on Dec. 6th by the same panel, even though the cases are not consolidated. What follows is the latest from the CA9 dockets:

    In Richards v. Prieto:

    10/29/2012 53 Filed (ECF) Appellees County of Yolo and Ed Prieto citation of supplemental authorities. Date of service: 10/29/2012. [8379327] (JAW)

    Appellees authority is:
    Hightower v. City of Boston
    Piszczatoski v. Filko
    Moore v. Madigan
    Peterson v. McCabe
    People v. Mitchell
    (a criminal case we were not following)​

    In Peruta v. San Diego:

    10/17/2012 100 Filed Appellees County of San Diego and William D. Gore additional citations. Served on 10/15/2012. (panel) [8365457] (RL)

    Appellees site People v. Mitchell as a supplemental authority.

    So far, no 28(J) letters have been filed in Baker v. Kealoha.
     

    Attachments

    • 28J - Richards v Prieto.pdf
      54.6 KB · Views: 145

    esqappellate

    President, MSI
    Feb 12, 2012
    6,981
    Instead of updating three threads with the same information, I'm putting this here as general information.

    Of the 3 cases up for orals in the 9th Circuit, all 3 will be heard on Dec. 6th by the same panel, even though the cases are not consolidated. What follows is the latest from the CA9 dockets:

    In Richards v. Prieto:



    Appellees authority is:
    Hightower v. City of Boston
    Piszczatoski v. Filko
    Moore v. Madigan
    Peterson v. McCabe
    People v. Mitchell
    (a criminal case we were not following)​

    In Peruta v. San Diego:



    Appellees site People v. Mitchell as a supplemental authority.

    So far, no 28(J) letters have been filed in Baker v. Kealoha.

    Here is Paul Clement's excellent 28j letter in Peruta on the decision in Woollard. Get a load of this last line in the 28j letter:

    "That reality only underscores the need for prompt resolution of this case both to ensure that this Court has an opportunity to become a part of the ongoing conversation on the scope of the Second Amendment, and to vindicate the fundamental constitutional right at stake."

    Clement thinks that he is going to win in Peruta.
     

    Attachments

    • Peruta.28jreWoollardClement.pdf
      849.4 KB · Views: 186

    Al Norris

    Spud Head
    Dec 1, 2010
    746
    Rupert, Idaho
    The last 3 days have seen a lot of court action. I hope everyone has been following along?

    Decisions in Kwong and Bonidy. Mandate applied in Moore/Sheppard. Madigan files for an MTD in Moore/Sheppard. Sheppard Challenges Madigans MTD with an expedited hearing to quash the new law in IL.
     

    krucam

    Active Member
    Does this OP still get updated?


    Sent from my fire using smoke.

    If you bug Krucam or Al to do it.

    I have been delinquent due to my move and hours spent qualifying (FAA Air Traffic stuff). Sorry!

    I was running into a word/character limit (~35K characters) in the OP which made things difficult as well. Also, many times new threads would open up on the various cases which I can't control. This causes a lot of the mdshooters links to have become stale.

    I'll polish things up but don't believe I will be able to add a whole lot of new cases without serious trimming.
     

    Seth

    Member
    Sep 17, 2013
    426
    Why not create a guest viewing only Google Docs page? This is a valuable resource.
     

    occbrian

    Active Member
    Jan 3, 2013
    4,905
    in a cave
    No pressure. Just an awesome thread. Wasn't sure of the existing listed cases were all up to date.


    Sent from my fire using smoke.
     

    Al Norris

    Spud Head
    Dec 1, 2010
    746
    Rupert, Idaho
    If you bug Krucam or Al to do it.

    Since I'm not an admin or super-mod here at MDShooters, there is nothing that I can do to help with this particular problem.

    Like here, at first I increased the character count limitations. That has an effect with unintended consequences. What I ended up doing at TFL, was to duplicate the first post. Then I hand edited it and placed other entries into what was then, the second post. I did this until I had duplicated the first four posts, limiting the entries to 20 cases per post.

    Even that had some consequences (the vBulletin software has a bug in it that has never been repaired) that I had learned early on, but had forgotten. I ended up hard deleting the entire thread (Sept. 28, 2011)! A backup copy only restored the thread to the first 219 posts. I had to use the cached pages at Google to restore the thread up to the crash (posts 220 - 248) by hand editing. That work was finished on Oct. 2, 2011.

    Seth? A question for you, if you are familiar with Goggle-Docs. Is it easy to update your docs or are you limited to uploading a new doc and deleting the old?
     

    wolfwood

    Active Member
    Aug 24, 2011
    1,361
    I know that Baker is sort of the step child of the carry cases since it is being done by two guys unaffiliated with the gun lobbies but in case you care it is actually the case with the most 28j letters filed from both sides.

    I host most of my pleadings and some of my research material for my 3 Second Amendment cases on on the below site since I don't have a support staff, budget or very much money. This is the direct link to the latest 28j letter. We've got it as a matter of both discovery and federal government reporting that there are no permits in Hawaii.

    http://www.scribd.com/doc/164066996/Filed-28j-State-v-Christian-Oregon-Supreme-Court

    this is to the study that says there are none. I filed it in my reply to Defendants Drake notice

    http://www.scribd.com/doc/159090384/GAO-12-717

    I really think we are going to overturn the CCW law, baton carry ban and taser ban in Hawaii via Baker.
     

    press1280

    Active Member
    Jun 11, 2010
    6,527
    WV
    I know that Baker is sort of the step child of the carry cases since it is being done by two guys unaffiliated with the gun lobbies but in case you care it is actually the case with the most 28j letters filed from both sides.

    I host most of my pleadings and some of my research material for my 3 Second Amendment cases on on the below site since I don't have a support staff, budget or very much money. This is the direct link to the latest 28j letter. We've got it as a matter of both discovery and federal government reporting that there are no permits in Hawaii.

    http://www.scribd.com/doc/164066996/Filed-28j-State-v-Christian-Oregon-Supreme-Court

    this is to the study that says there are none. I filed it in my reply to Defendants Drake notice

    http://www.scribd.com/doc/159090384/GAO-12-717

    I really think we are going to overturn the CCW law, baton carry ban and taser ban in Hawaii via Baker.

    Baker would seem to be an interesting "link" between the law in Moore/Shepherd(total carry ban outside the home) and the may(rarely)-issues of NY/NJ/CA. It essentially proves if the state wants to, it can simply use "need" as a total carry ban as opposed to spelling it out.
    I don't know about the tazer/baton bans, but I think Baker will win along with Richards and Peruta, at least from what I heard at oral arguments.
     

    Seth

    Member
    Sep 17, 2013
    426
    Seth? A question for you, if you are familiar with Goggle-Docs. Is it easy to update your docs or are you limited to uploading a new doc and deleting the old?

    You can keep editing the doc and have as many editors as you want, it is very simple. You can also look back in time at old edits if you want.
     

    Al Norris

    Spud Head
    Dec 1, 2010
    746
    Rupert, Idaho
    Here is a CA case that is not on the list, here at MDShooters:

    McKay v. Hutchens: Case #8:12-cv-01458, filed Sept. 5th, 2012, in the Central District of CA. This case is being brought by the CRPA Foundation (NRA) and 5 individuals of Orange County. The suit alleges that the Sheriffs policies preclude the indivual defense of self, by not granting concealed permits, a violation of the 2A. Attorneys are Carl (Chuck) Michel, Glenn McRoberts and Sean Brady (a member of TFL): Michel & Assoc.

    Orals at the 9th Circuit were held yesterday: http://www.ca9.uscourts.gov/media/view.php?pk_id=0000011343

    Internet Archive at District Court
    Internet Archive at Circuit Court of Appeals
     

    Users who are viewing this thread

    Forum statistics

    Threads
    258,682
    Messages
    6,537,253
    Members
    29,479
    Latest member
    Surf

    Latest threads

    Top Bottom