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Peruta Appeal Brief Filed - Hints at possible avenue for a challenge of 626.9

ConditionThree

State Pioneer
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Shasta County, California, USA
http://www.hoffmang.com/firearms/carry/Peruta-Opening-Brief-20110523.pdf

I quote;

The statutory allowance for UOC is severely restricted geographically, to the
point of being practically useless for effective self-defense. Cal. Pen § 626.9, 18
U.S.C. §§ 921(a)(25); 922(q) & 924(a). Those who UOC must learn the location of
every school in their route, determine what areas are within 1,000 feet thereof, and
either plan to travel around them (which in urban areas is virtually impossible), or
stop and place the firearm in a locked container each time they enter such a zone,26
or risk felony prosecution.27


27 Nor did the court address the unintended legal consequences of declaring
UOC the constitutionally protected method of carry. For instance, such a ruling
may place in jeopardy the lawfulness of Cal. Pen § 626.9 (Gun Free School Zone
Act, banning open carry within 1000 feet of a school facility), a far more drastic
result than granting Plaintiffs the relief they seek.
 

bigtoe416

Anti-Saldana Freedom Fighter
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Jun 3, 2008
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Oregon
Definitely trying to throw the consequences of "substantial burden" back in the face of the courts, and rightfully so. It's nice to see the entirety of unjust California law being pulled into these briefs to remind the court of how restricted Californians are from bearing arms.
 

sudden valley gunner

Regular Member
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16,674
Location
Whatcom County
Peruta said he was willing to fight this all the way. Looks like he wasn't lying. Go get 'em Ed glad we have individuals like yourself with the determination and resources to fight for your rights.
 

cato

Newbie
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Oct 29, 2006
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Location
California, USA
Peruta said he was willing to fight this all the way. Looks like he wasn't lying. Go get 'em Ed glad we have individuals like yourself with the determination and resources to fight for your rights.

Keep in mind that this is an NRA/CRPA litigated case based on the Alan Gura/SAF/CGF litigation frame work.

And yes many thanks to Ed!
 
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SBrady@Michel&Associates

Regular Member
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Dec 22, 2010
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Location
Long Beach
Amicus Briefs filed in Peruta

Just wanted to let everyone know that two amicus briefs have been filed in support of plaintiffs in this case. One, authored by renowned Second Amendment scholar and attorney, Stephen Halbrook, on behalf of the Congress Of Racial Equality. And, the other, authored by renowned constitutional litigator, Paul Clement, on behalf of the National Rifle Association.

Both of these briefs can be viewed at www.calgunlaws.com

Keep an eye out in the coming days for more amicus briefs being filed in this case, both for the plaintiffs and the County.
 

Statkowski

Regular Member
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Sep 27, 2006
Messages
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Cherry Tree (Indiana County), Pennsylvania, USA
Well, between the appeal and one of the two Amicus briefs, the following items are in the line of fire:
1. Discriminatory (may issue) licensing.
2. So-called "gun free" school zones.
3. Unloaded open carry.

I seriously tried reading the Brady Bunch brief, but lost my lunch while doing so. Are these people serious?
 

Gundude

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Sandy Eggo County
Well, between the appeal and one of the two Amicus briefs, the following items are in the line of fire:
1. Discriminatory (may issue) licensing.
2. So-called "gun free" school zones.
3. Unloaded open carry.

I seriously tried reading the Brady Bunch brief, but lost my lunch while doing so. Are these people serious?

The Brady Bunch believe that if you yell fire in a theater when there is no fire you should go to prison but not suspend the 1st amendment.
However, if you carry a gun into a theater, you should go to prison and the 2nd amendment should be suspended.
 
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EXTREMEOPS1

Campaign Veteran
Joined
Jul 11, 2010
Messages
248
Location
Escondido CA
Hoodlums in GFSZs.........

Maybe I'm wrong, but I thought the purpose of GFSZs was to keep hoodlums away from public school grounds.
Has it ever been used for that purpose?
Errrrr no I guess they didn't get the memo......only us legal gun owners got that memo
 

Gundude

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Sep 30, 2009
Messages
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Sandy Eggo County
Just wanted to let everyone know that two amicus briefs have been filed in support of plaintiffs in this case. One, authored by renowned Second Amendment scholar and attorney, Stephen Halbrook, on behalf of the Congress Of Racial Equality. And, the other, authored by renowned constitutional litigator, Paul Clement, on behalf of the National Rifle Association.

Both of these briefs can be viewed at www.calgunlaws.com

Keep an eye out in the coming days for more amicus briefs being filed in this case, both for the plaintiffs and the County.

Bump!
More briefs filed.
Wondering why none from the Brady bunch???
 

ConditionThree

State Pioneer
Joined
May 22, 2006
Messages
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Location
Shasta County, California, USA
Bump!
More briefs filed.
Wondering why none from the Brady bunch???

Because if the Brady Campaign were to file a brief supporting the defendant, it would almost be endorsing the assertion that UOC was a suitable expression of the right to keep and bear arms. ;-)

No- the real reason is that they probably dont have sufficient support to have competent attornies compose breifs on every gun related case.
 

Gundude

Regular Member
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Sep 30, 2009
Messages
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Location
Sandy Eggo County
Alan Gura's brief is attacking the license for carrying. Is he going for constitutional carry? That increases my pucker factor by at least 10.
 

SBrady@Michel&Associates

Regular Member
Joined
Dec 22, 2010
Messages
13
Location
Long Beach
More Amicus Briefs

Bump!
More briefs filed.
Wondering why none from the Brady bunch???

Yes, multiple new briefs were filed on Tuesday, the due date for amicus briefs in support of Plaintiffs. They are all available on www.calgunlaws.com

Briefs in support of San Diego/Gore are not due until later (hence the reason there is no brief from the Bradys yet; it will likely be coming though).
 
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