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Thread: Peterson v. Martinez (10th Circuit) Rehearing, Washington State residents effected...

  1. #1
    Founder's Club Member - Moderator Gray Peterson's Avatar
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    Peterson v. Martinez (10th Circuit) Rehearing, Washington State residents effected...

    Given Washington is my home and you folks may have been wondering what I have been doing all of this time, here is some of my work. I posted this also in the "News and Political Alerts" Forum.

    All,

    I am pleased to announce the first civil carry case involving 2A issues (injury caused by denial of a completed application of a license to carry) to be reheard by a US Court of Appeals will be held on March 19, 2012, at 2PM at the Byron White US Courthouse in Denver, Colorado. The panel is United States Court of Appeals for the 10th Circuit. This decision will define the legal "bear" right within the jurisdiction of the 10th Circuit, which is made up of the states of Colorado, Wyoming, New Mexico, Utah, Oklahoma, and Kansas.

    Click here for pertinent case information, including oral arguments, the district court decision that is being appealed for error, as well as case filings in the appeal.

    The players:

    Plaintiff is myself. Applied for a carry license from Denver (an OC banned city), was denied. Resident of a state which doesn't recognize Colorado, and none of my non-resident licenses can work in CO, and without open carry in Denver, cannot carry there at all.

    Defendants are Denver Manager of Safety Alex Martinez (ex-oficio Sheriff, issuer of carry licenses in Denver) and Colorado Department of Public Safety Director James Davis (reciprocity claim)

    Defendant-Intervenor is Colorado Attorney General John Suthers

    The Amici Curiae are:

    National Rifle Association's Civil Rights Defense Fund- Represented by Matthew Bower

    The Second Amendment Foundation & 17 State gun rights organizations- Represented by Alan Gura (of Heller & McDonald fame)

    The Brady Center to Prevent Gun Violence - will be represented by Jonathan Lowy.

    We previously argued the case on November 17th, but due to some confusion on it's part of the jurisdictional issues, the court was gracious enough to grant a rehearing and grant the amici argument time this go around.

    Attached is the asking of an enlargement of oral argument time by all amici curiae to enlarge the time from 10 to 20 minutes.

    Your commentary is appreciated.
    Attached Files Attached Files

  2. #2
    Regular Member FMCDH's Avatar
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    I have been following this in the Colorado thread, thanks for posting an update here.

    Hopefully this will open the door to Challenge California in the 9th circuit. I'm headed down there this summer as part of a PCS and I will effectively have no way to carry an operational firearm in incorporated areas since I am a Washington resident.

    Give em hell Gray!

  3. #3
    Founder's Club Member - Moderator Gray Peterson's Avatar
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    Quote Originally Posted by FMCDH View Post
    I have been following this in the Colorado thread, thanks for posting an update here.

    Hopefully this will open the door to Challenge California in the 9th circuit. I'm headed down there this summer as part of a PCS and I will effectively have no way to carry an operational firearm in incorporated areas since I am a Washington resident.

    Give em hell Gray!
    Circuit splits are handy sometimes.

    Also, I visit California on a frequent basis. Take a guess what I want to do there?

  4. #4
    Regular Member amlevin's Avatar
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    What effect will passage of H.R. 822, assuming it makes it's way through the Senate and is signed by "Wonder Boy", have on all your efforts?

    Likewise on CA's ridiculous laws?
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

  5. #5
    Founder's Club Member - Moderator Gray Peterson's Avatar
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    Quote Originally Posted by amlevin View Post
    What effect will passage of H.R. 822, assuming it makes it's way through the Senate and is signed by "Wonder Boy", have on all your efforts?
    As my attorney said in the first oral argument, it would likely moot my reciprocity claim, which was the claim that was dismissed on the pleadings rather at summary judgement. As for the first claim (denial of the carry license), my attorney has not stated a position on that in full succinctness so it would be in-appropriate for me to speculate.

    Likewise on CA's ridiculous laws?
    No filing against California's "county of residency" requirement would need to be done by a non-resident if HR822 was passed as it is currently written. Unlike my situation with Denver and Colorado where I traveled to Denver, put down the fees for the application, and it was denied (with no-refund), there is no need to go about it this way here.

  6. #6
    Regular Member sudden valley gunner's Avatar
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    Kick Ass Gray!

    I sent a PM with some other info on another issue too, don't know if you got it.
    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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