Gun store Shooting Locations It is currently Sat Apr 27, 2024 12:42 pm



Rules WGO Chat Room Gear Rent Me Shield NRA SAF CCKRBA
Calendar


Forum rules


Nothing contained in this section shall be construed as legal advice. All members and guests are advised to perform due diligence in regards to laws and legal actions.



Reply to topic  [ 5 posts ] 
 BIG Win in the 9th Circuit Court This WILL effect Washington 
Author Message
User avatar

Location: Florida
Joined: Tue Aug 29, 2023
Posts: 2
Real Name: Edward Newman
I wanted to offer a little update and glimmer of home in the long (very long) run. Don't get to excited as the courts move VERY slow. One of the attorneys that we use, she is representing us in our case againt NYS's semi auto rifle license, just won a big decision in the 9th circuit. Ok so for those of you who are not well versed in things legal, Federal Courts have 3 levels, District, Circuit and Supreme. 90% of cases are tried in District Court, 9% make it to the Circuit on appeal and 1% the Supreme Court of the United States. District Court decisions are not binding, they are just for that case, although these do set precedent. Circuit Court of Appeals decisions are binding on the District Courts in that Circuit (stand by for more on that). Supreme Court case decisions like Heller, MacDonald and Bruen are binding on all lower courts (so everyone). So the 9th Circuit covers, among other states, California and Washington (also Oregon). There is a case in California, Baird v Bonta which challenges California's defacto ban on open carry. That case is about 4 years old now (you will start to see time frames) and they have been arguing over a motion for preliminary injunction (that is the first step in a case - you will start to see how time frames can easily exceed 10 years). The District court denied the preliminary injunction which would have suspended the law while the case was being tried. The plaintiff (pro-2a side) appealed to the 9th Circuit arguing that the Judge in the case did not use the proper methodology (so this is about procedures right now, not the actual constitutionality of open carry). BIG news, the 3 Judge panel in the 9th Circuit wrote a scathing rebuke of what the District Court Judge did and send it back with very detailed and strict rules of how he needs to re-evaluate the case. Now most of you are in Washington and don't care much about open carry in California, BUT what is so big is that this decision is binding on all of the District Courts in the 9th Circuit which includes Washington State. So as the assault weapon law and other cases come before District Court Judges in Washington for a motion for a preliminary injection they now have a very strict procedure to follow which will likely produce much better results for us in those cases. Again, this will take time, a lot of time, but in the short term (years) it will be helpful to our cases. You can read the decision here...

https://cdn.ca9.uscourts.gov/datastore/ ... -15016.pdf

Edward Newman
Dark Storm Industries LLC
www.dark-storm.com


Mon Sep 18, 2023 11:41 am
Profile
Online
Site Admin
User avatar
Site Admin

Location: Renton, WA
Joined: Sun Mar 13, 2011
Posts: 52079
Real Name: Steve
Edward, thank you for the good news and all of the explanation! :bow:

We need all of the good news that we can get!

_________________
Steve

Benefactor Life Member, National Rifle Association
Life Member, Second Amendment Foundation
Patriot & Life Member, Gun Owners of America
Life Member, Citizens Committee for the Right to Keep and Bear Arms
Legal Action Supporter, Firearms Policy Coalition
Member, NAGR/NFGR

Please support the organizations that support all of us.

Leave it cleaner than you found it.


Mon Sep 18, 2023 4:28 pm
Profile
Site Supporter
User avatar
Site Supporter

Location: Lynnwood and at large
Joined: Wed May 1, 2013
Posts: 21304
Real Name: Vick Lagina
Oh, we've been tracking.

viewtopic.php?f=40&t=142607

_________________
“Finding ‘common ground’ with the thinking of evil men is a fool’s errand” ~ Herschel Smith

"The said Constitution shall never be construed to authorize Congress to prevent the people of the United States who are peaceable citizens from keeping their own arms." ~ Samuel Adams

“A return to First Principles in a Republic is sometimes caused by simple virtues of a single man. His good example has such an influence that the good men strive to imitate him, and the wicked are ashamed to lead a life so contrary to his example. Before all else, be armed!” ~ Niccolo Machiavelli

Láodòng zhèng zhūwèi zìyóu

FJB


Mon Sep 18, 2023 7:18 pm
Profile
Site Supporter
User avatar
Site Supporter

Location: In my Cave near the Cloquallum
Joined: Thu Sep 26, 2013
Posts: 7815
Real Name: Jim Sr.
Uplifting news, thanks Mr. Newman. :thumbsup2:

_________________
"You are either with us...as Americans. Or, You are against us. There is no IN BETWEEN." ???

"We cannot negotiate with those who say, 'What's mine is mine, and what's yours is negotiable.'" JFK

"Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety”

-Ben Franklin

MadPick wrote:
I don't think you beat your children enough. :ROFLMAO:


Mon Sep 18, 2023 9:28 pm
Profile
Online
Site Supporter
User avatar
Site Supporter

Location: Faxon, OK
Joined: Sat Mar 19, 2011
Posts: 17823
Real Name: Chuck
Thank you, but please use some paragraphs that wall of text is painful.

_________________
"The beauty of the Second Amendment is that it will not be needed until they try to take it." Thomas Jefferson
"Evil often triumphs, but never conquers." Joseph Roux


Sat Sep 30, 2023 5:12 am
Profile
Display posts from previous:  Sort by  
Reply to topic   [ 5 posts ] 

Who is online

Users browsing this forum: No registered users and 6 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum



Rules WGO Chat Room Gear Rent Me NRA SAF CCKRBA
Calendar


Powered by phpBB® Forum Software © phpBB Group
Designed by ST Software for PTF.
[ Time : 0.658s | 16 Queries | GZIP : Off ]