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Eighteen Page Decsion with references to "OPEN LOADED CARRY"

Jim March

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Hawaii isn't violating point 3 the way Cali is.

1 and 2, absolutely. And yeah, we're gonna nail 'em on it.

Come to think...

You know what might be fun? Time it so that you file about a month and a half before the McDonald decision is due, in Hawaii's state court. Why a month and a half? Because they have to file an answer to complaint in 30 days. (Most states anyhow, check on Hawaii). So they file an answer that roughly two weeks later gets left in tattered ashes by McDonald....just in time for the hearing on the motion to dismiss or whatever.

The other side ends up sitting there in court with their genitalia in hand...

:celebrate
 

sudden valley gunner

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LOL....post that Idea in Hawaii board.....I don't live there at this time be good if that could happen. Mendoza now lives in California now he went to the states supreme court. But now noone can get ahold of him.
 

cato

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sudden valley gunner wrote:
I believe that the judges statement shows the belief of this judge that "incorporation" is nonsense and that the constitution is the supreme law of the land and applies to all.

No it doesn't. All it means is that SD did not raise the incorporation issue. The judge mentionedthat in the Motion to Dismiss.
 

Robin47

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Good work Edward ! Thats the kind of Patriots, we need more of.

It starts small, but when abuse happens, some of us"old sea going Alligators don't and won't give it up" !

:celebrate Robin47
 

sudden valley gunner

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cato wrote:
sudden valley gunner wrote:
I believe that the judges statement shows the belief of this judge that "incorporation" is nonsense and that the constitution is the supreme law of the land and applies to all.

No it doesn't. All it means is that SD did not raise the incorporation issue. The judge mentionedthat in the Motion to Dismiss.
But she kept mentioning the second ammendment rights.
 

marshaul

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What she did, rather than ignoring incorporation, was to assume the second is incorporated, for lack of an argument to the contrary. She can see the forest for the trees. ;)
 

Theseus

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cato wrote:
sudden valley gunner wrote:
I believe that the judges statement shows the belief of this judge that "incorporation" is nonsense and that the constitution is the supreme law of the land and applies to all.

No it doesn't. All it means is that SD did not raise the incorporation issue. The judge mentionedthat in the Motion to Dismiss.
+1,000,000

As mentioned by the judge, both the defense and the plaintiff acted as if the issue of incorporation were settled, and thus she didn't address whether it was in fact incorporated.

This is not the same as saying "we don't need incorporation".

I just hope though Ed that your lawyer can pull this off.
 

chewy352

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Hey Thesues maybe if Eds lawyer can pull this miracle off you should call him up for your appeal. He should make enough on this case to cover it. lol

Wish you luck man and the whole communities behind you no matter what you do.
 

Edward Peruta

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The issues I havefiled which are pending in San Diego Federal Court are far fromsettled and I expect there will be more attempts by the County,Sheriff's Department or Attorney Generals Office toget my case thrown out of court.

What I can say is this, and everyone needs to read between the lines.

I have been incontact and discussions with an extremely high profile national law firm with extremely vast financial and legal resources and been assured that there is interest in my case should the need for legal assistance at the appellate level arise.

I will not be publishing the name of the law firm or the attorney who I have known for many years because it's not important at this time in the case.

I am well aware Theseus's current situation and his financial problems with bringing an appeal. I did not get my current legal representation without substantial cost and only hope that Theseus can somehow overcome the financial hurdle.

In any case, I believe that time will vindicate Theseus and his actions and shed light on the grievous injustice done to him and societyby the conviction that was rendered.


Then again, this case could take many different paths depending on what happens in the near future.
 

Edward Peruta

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The court has scheduled this telephonic conference. My attorney hasalso received the Sheriffs Answer to the complaint but I don't expect much of anything yet.

NOTICE AND ORDER SETTING TELEPHONIC ENE. Telephonic, Attys Only Early Neutral Evaluation Conference set for 2/24/2010 09:00 AM before Magistrate Judge Barbara Lynn Major. Signed by Magistrate Judge Barbara Lynn Major on 1/21/2010.(jah)

I will post a link to the Sheriff's answer when recieved, possiblly in the morning.

On two other topicsNOT related to the current issues before the Federal Court.

Dear Mr. Neuharth,

This email confirms the conversation of 1/21/10 with Mr. Faigin, wherein you indicated that it was OK for Mr. Faigin to speak with your client, Mr. Peruta regarding matters not specifically related to the pending matters specified in civil complaint 09CV2371.

Mr. Faigin is informed that Mr. Peruta has called the San Diego County Sheriff's Department regarding CCW fees and on becoming a CCW instructor.

Please respond to this email confirming that you have no objection to Mr. Faigin returning your client's calls.

Thank you.

Andi Byous
Administrative Secretary III
San Diego County Sheriff's Department
Legal Affairs



THE RESPONSE

Dear Ms. Byous,

I am confirming that it is alright for Mr. Faigin to speak with my client, Edward Peruta, on the issues and within the framework of the e-mail that you have sent me and which I am responding to with this confirmation.

Sincerely,

Paul H. Neuharth, Jr.
 

Edward Peruta

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The notice came from the Federal Court Pacer system and the emails were generated after a phone conversation today.

Thanks for the comment.
 

jnojr

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Edward Peruta wrote:
The court has scheduled this telephonic conference. My attorney hasalso received the Sheriffs Answer to the complaint but I don't expect much of anything yet.

NOTICE AND ORDER SETTING TELEPHONIC ENE. Telephonic, Attys Only Early Neutral Evaluation Conference set for 2/24/2010 09:00 AM before Magistrate Judge Barbara Lynn Major. Signed by Magistrate Judge Barbara Lynn Major on 1/21/2010.(jah)
So? Anything happen? What's next?
 

Edward Peruta

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Documents were submitted by Plaintiff and Deffendants and a phone call took place that did NOT result in any movement towards settlement.

Discovery is being planned and may begin shortly.

I have been asked to refrain from posting any information regarding this case until further notice, and will do as I am advised by those wearing the legal hats.

Thanks for your interest in the case.
 

Chrisc411

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Good luck Ed we all here support you and wish you the best of luck, we are all looking forward to see the outcome of your case and hope for the best!
 
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