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Thread: Recently filed Federal Lawsuit regarding Gun Free School Zones

  1. #1
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    In an effort to gather information on what is being filed in the various Federal Courts throuhout the country, I posted a similar post in several different key state forums.

    I am now beginning to receive information about other cases that may have some relevance to what is currently happening here in California with unloaded open carry.

    There has been allot of chatterand criticism about my attorney copying from the Federal Sykes case documents that were filed by Attorney Alan Gura in early 2009 but consider the fact that it's not uncommon for attorneys to do so.

    I am attaching a recently filed Federal law suit out of Wisconsin which appears to challenge that states Gun Free School Zone law.

    I know that every firearm ownerin California has , (or mayat some point have), concerns andproblems causedby such an unreasonable and unworkable law and hope this information helps in planning any challenge to address the situation here is California.









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    Founder's Club Member MudCamper's Avatar
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    Edward Peruta wrote:
    There has been allot of chatterand criticism about my attorney copying from the Federal Sykes case documents that were filed by Attorney Alan Gura in early 2009 but consider the fact that it's not uncommon for attorneys to do so.
    Ed, I've followed all your threads here and on CalGuns. When Gene first started mentioning that your attorney borrowed from Sykes, IMO it sounded as though he had already talked to you, and that that was OK to do. The tone later changed. Regardless, I think we all want everyone to win all of these cases, and therefore borrowing/sharing with Alan and Don is the smartest way to go.



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    Regular Member Gundude's Avatar
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    MudCamper wrote:
    Edward Peruta wrote:
    There has been allot of chatterand criticism about my attorney copying from the Federal Sykes case documents that were filed by Attorney Alan Gura in early 2009 but consider the fact that it's not uncommon for attorneys to do so.
    Ed, I've followed all your threads here and on CalGuns. When Gene first started mentioning that your attorney borrowed from Sykes, IMO it sounded as though he had already talked to you, and that that was OK to do. The tone later changed. Regardless, I think we all want everyone to win all of these cases, and therefore borrowing/sharing with Alan and Don is the smartest way to go.

    If McDonald prevails, you will see borrowing/sharing between attorneys in different states taken to an art form. Especially the ones that prevail.
    A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.

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    To Mudcamper,

    Gene and I did talk prior to my filing the Federal case and I also had discussions with Attorney Jason Davis. But please remember that I began the CCW process in November of 2008 a full six months prior to Sykes being filed.

    The fact that I recorded my first official/initial CCW interview and began to document what was happening is evidence that I knew where my situation was headed. I can also state without any doubt or hesitationthat myaudio recording and documents created by Sheriff's Department staff make it quite clear that they knew I was prepared to litigate the issues. These documents can beviewed and accessed at http://www.cagunrights.com.

    What the Sheriff's Departmentmay have thought was I didn't have the financial or legal resources to follow though. Government agencies are often told by citizens that they will sue and have relied upon the fact that most never do.

    I made phone calls and did research to find an attorney willing to take my case and paid the amount to do so without any questions or haggling over the amount. I called several attorneys in California some of which are very well known here and on Calguns.

    So, for the record, I did in fact discuss what my issues were,my beliefs and what I wanted to do. I may even have told Gene Hoffman and Jason Davis that my case was basically a case of equal protection.

    My belief hinged on the fact that thein California the CCW is a state license which was and is easier to obtain by individuals residing in some California counties over others.

    I believe that NO California resident regardless of their county of residence should be denied the right to have their "GOOD CAUSE" statements considered on an equal basis.

    In other words if someone in a CCW friendly county is successful in obtaining a STATE CCW by offering similar or exact good cause reasons, I should be entitled to a CCW also.

    Did my attorney obtain, read and copy sections of thecomplaint in the Sykescase which were drafted by Attorney Alan Gura? I'm now sure he may have .

    What is importantare the facts,evidence and specifics to my situation.

    I could care less if the Calguns Foundation or members of their board find fault in what has happened. I am still, and will remain open to any constructive discussions regardless of their positions or emotions regarding how I got where I am.

    The CalgunsFoundation, The Second Amendment Foundation and the NRA havevery well plannedlegal strategies andmay, (based on the current facts,) be very successful in what they are planning, but they shouldunderstand that they are not the only playersin the fight to win the right to self defense.

    I have never had the opportunity to meet Gene Hoffman, Jason Davis or any of their board members personally and may neverbe able to earn their respect.

    I did in fact travel up to the UCLA School of lawthe other day to attend and listen to theMOOT COURT and specifically made it a point to introduce myself to Attorney Alan Gura after it was over.

    During our extremely brief meeting, I introduced myself, offered my apology for any emotional distress or hard feeling my filing in San Diego may have caused him and then walked away to return to San Diego.

    I hope this posting clearsup some of theissues and allowseveryone to concentrate on the current legal issues rather than who did what and who should get the credit.

    FOR THE RECORD:

    IF IOBTAIN A CCW OR SUCCEED IN THE CURRENT FEDERAL LITIGATION I WILL MAKE IT A POINT TO:

    1. THANK MY ATTORNEY FOR TAKING MY CASE AND REPRESENTING ME WHEN THECALGUNS FOUNDATION WOULD NOT.

    2. AND SPECIFICALLY THANK ATTORNEY ALAN GURA FOR HIS EXPERT WRITING IN THESYKES COMPLAINT.

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    What is the problem with copying? Down the line that is exactly what will be done as cases are sited in support of the argument in play.

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    Regular Member sudden valley gunner's Avatar
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    Guy B. Meredith wrote:
    What is the problem with copying? Down the line that is exactly what will be done as cases are sited in support of the argument in play.
    It is a common practice in the legal field there is nothing wrong with it. An attorney I have looking into my case is looking at the filing in New Mexico and Judge Blacks decision. Attorneys like to use what has already worked.

    The federal 1,000 foot school firearm free zone is a joke I don't think it would hold up in a Federal Court. It has nothing to do with interstate commerce. Still one reason why I got my CPL so I can pick up my kids carrying my weapon in whatever manner I choose. (OC or CC)
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    sudden valley gunner wrote:

    The federal 1,000 foot school firearm free zone is a joke I don't think it would hold up in a Federal Court. It has nothing to do with interstate commerce.

    The case mentioned in this thread is a challenge toWI state law. WI like CA has it's own arbitrary GFSZ. However, WI is particularly will suited for challenge as their law doesn't have the self defense exemptions provided in CA for those with Licenses to Carry Firearms.WI has no exemptions for self defense and no provisions for licensing and only unlicensed open carry is allowed (concealed is totally proscribed unless you deliver pizza).

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    Came across this on Youtube and it seemed relevant to the cause:

    http://www.youtube.com/watch?v=yGGmF...eature=related

    When you think about it, it's very true...

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    I appreciate your efforts. Anyone who attempts to get rid of the silly school zone laws should be welcome anywhere gun owners congregate.

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    I have been attempting to get a handle on the current situaiton regarding the Second Amendment and put together some information that may or may not make sense of what I see.

    Attached is the PDF where I attempt to offer some of my research.



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    Pretty decent article. Interesting comments on the newest SCOTUS member, Sotomayor. It will be interesting to see what questions she raises in Tuesday's arguments, and ultimately how she rules.
    "Why should judicial precedent bind the nation if the Constitution itself does not?" -- Mark Levin

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