Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘Peruta v Cty of San Diego’

… What Part of Palmer v DC do those Dummies Not Understand ?!?! [#second amendment rights]…

Posted by paulfromwloh on Wednesday,August 31st,2016

.. Palmer v DC [and several other cases] made it clear . The residents of D.C. have full 2nd Amendment rights , just like any other citizen of any other state in our Union ..

.. that includes the rights to keep and bear arms [emphasis mine]…

.. the dummies on the D.C. City Council and the D.C. Government seem not to get it . They were ordered to pass a bill to correct legal defects in order to comply with Palmer . They have not done so . Doing what they have done [or , in their case , they have not done] is going to get them into serious trouble …

.. [h/t — HotAir.com]..
.. [link] to the blog news ..

.. one item sure to come is renewed legal action . Palmer is still before the D.C. District Court [and Judge Frederick Schillin] . Atty Alan Gura and the plaintiffs can haul the D.C. Govt back before the judge …

.. what Schillin can do is simple : throw out the new D.C. Gun , bill , and drop the gun restrictions , entirey . Boy , the D.c. government would go hyper over that . So would the ObamaCraps . The Supremes , though , would likely take the case away from the D.C. Circuit , given recent history on Halbig v Burwell …

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… Excellent News [#Peruta v Cty of San Diego]…

Posted by paulfromwloh on Monday,November 2nd,2015

.. I thought that the State of California would try to pull this stunt ..

.. what I was thoroughly surprised at was that the Full 9th Circuit dismissed their antics ….

.. [h/t — TruthRevolt.org]..
.. [link] to the legal opinion // news …

.. the state never thought or realized that San Diego County would not challenge the case , or the original ruling . When the County stood down , the state screwed around and did nothing …

.. now , the State of California tried to intervene . It realized that the Peruta ruling applied to the entire state , as well as the state of Hawaii [the 2 states in the 9th Circuit] . They would then become a ” shall issue ” state when they did not intend to do so …

.. the full 9th Circuit shut the State of California down . As much as they may have agreed with the State [philosophically] , procedurally , the Circuit knew that the State royally screwed up and did not challenge the decision when they should have . Now , they are stuck with the decision …

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… Great News on Gun Rights [#Peoples Republic of D.C.]

Posted by paulfromwloh on Sunday,August 3rd,2014

.. yes , it is free .

.. our nation ‘ s capital is now no longer a gun free zone ..

.. for many years , the District of Columbia has had one of , if not the fiercest gun grab laws in the country . You simply could not carry a gun on the streets of the District for ANY reason , for more than 50 years ..

.. [h/t — LegalInsurrection]..
.. [link] to the legal opinion ..

.. it will be interesting to see what the D.C. city government decides to do . This case is in federal court , not the captive courts of the District , and would go up to the D.C. Circuit Court of Appeals , where both Heller and McDonald originated . I think that the government wants to appeal this , and maintain their precious gun ban , but the gun grab groups may well be having second thoughts ..

.. First , this one has to go to the D.C. Circuit Court of Appeals . It now has a more stacked 7to4 democrap majority , but Heller and McDonald are binding precedent . They just may well try to mess with them, surprisingly enough . Doing so , though , would piss off the Supremes ….

.. Heller and McDonald were decided 6 to 3 , not 5 to 4  , so they are not slim majorities . The gun – grab groups may not want to risk setting a nationwide case precedent . Drake v. Jerejian might be one case . Moore v Madigan might be another case . Palmer just may be a case were  the gun grab groups are stupid enough to push it up the way , and have it blow up in their faces  ..

.. especially when the definition of ” bear ” arms comes from , not a majority opinion , but a dissent , and of all people , from Justice Ginsberg in a dissent in another case …

Posted in 2nd Amendment, constitutional opinion, legal opinion, legal question, personal opinion | Tagged: , , , , , , , , , , , , , , , | Leave a Comment »

… Those Idiots are Asking for Another Legal Brawl [#gun rights]…

Posted by paulfromwloh on Tuesday,July 8th,2014

.. gee , don’t they get it ? …

.. what part of Peruta v Cty of San Diego do they not understand ?

.. this new gun – grab bill is a whopper . They have to be crazy …

.. [h/t — TruthRevolt]..
.. [link] to the blog news …

.. Peruta is a recent gun rights case that was fought up the way into the 9th Circuit . It has now basically made California and Hawaii [the 2 key states in the circuit] into “shall issue ” states . That means that once someone applies for a concealed – carry permit , the state has to issue it . it applies all throughout California , not just San Diego County . Whoops ! …

.. they (the legislature) are really that nuts enough to pass a gun – grab bill like this ? It would take guns away from a gun owner , just on the basis of an accusation . One would not be able to even know whose accuser that one is dealing with …

.. Realistically , California would be facing both a ballot issue , and a legal fight . I would advise them to do both . CA is not as loonie leftie as people think , although it is light blue in political makeup . The gun – rights crowd is more than strong enough to mount a fight , and do battle with the ” gun grabbers … “

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… Hawaii is Now a ” Shall Issue ” state …

Posted by paulfromwloh on Friday,March 28th,2014

.. for now , at least ..

.. the 9th Circuit is going to want to get its hands on this case , too . It was handled by the same panel of appeals judges that heard Peruta v Cty of San Diego . This case (Baker v Kealoha) hits one of the toughest states in the country , and by far the toughest state in the West for gun rights …

.. with the gun rights case in the ease in New Jersey (Drake v. Jerejian) now on the U.S. Supreme Court docket , the appeals judges on the 9th Circuit are blocked from trying to do anything , especially anything funny . The Supremes keep their eye on the 9th Circuit for a very good reason ‘ normally it is because of their antics on death penalty cases . In this case , it is a different subject area , but the same habit …

.. [h/t — NationalReview]..
.. [link] to the blog post ..

.. trust me , the Dems in Hawaii are not going to like this one bit . If it were a state issue , then there could be impeachment proceedings against the state supreme court judges . Alsas , for them , they are federal appeals court judges , so they cannot be touched..

.. I am willing to bet that this case was targeted at a county , as it was in California . It would force the statewide folks [the Governor and the AG] to keep their hands off of the case , and force the county Prosecutor to deal with it on his own … Nice tactic , and smart . It effectively forces ” shall issue ” on Hawaii through the backdoor …

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