A hearing is starting on a motion for preliminary injunction in this lawsuit challenging California's open carry restrictions. Amy Bellantoni is arguing for the plaintiffs. courtlistener.com/docket/1585928…
Internet connection issues!
Judge asks about standing since open carry is only totally banned in counties with more than 200,000 people, and the plaintiffs live in smaller counties.
Bellantoni mentions that the open carry permits in smaller counties are may-issue.
Bellantoni says the court should be able to make a decision in this case now that the 9th Circuit has decided Young v. Hawaii.
Bellantoni says no open carry permits have been issued by the relevant counties (since 2012?)
The state says this is more like a facial challenge instead of as-applied challenge.
The judge asks Bellantoni if she's asking the court to disregard Young v. Hawaii and go with the Supreme Court (Heller, etc). Bellantoni says that's exactly what she's asking.
The judge asks where the Supreme Court has said a trial court can disregard a circuit court's precedential decision.
Bellantoni argues that the 9th Circuit was wrong in Young. The judge seems... unconvinced.
The judge calls that a "stunning" and "troubling" argument "and potentially frivolous."
Says "Judge Bybee is no rogue."
Judge asks California if she should stay the case pending NYSRPA v. Bruen. CA says the opinion in that could guide this court's decision-making. "Would be well served" to wait and see what SCOTUS does.
Bellantoni disagrees about staying the case. Says SCOTUS narrowed the question presented to concealed carry.
Judge says the matter is submitted.
• • •
Missing some Tweet in this thread? You can try to
force a refresh
Stokinger v. Armslist (MA state court): Defendant Armslist LLC's Motion for reconsideration to dismiss the case for lack of personal jurisdiction *with memorandum of law in support thereof. (w/ opposition) (1/4)
"AMc does not spell out precisely which 'tortious conduct' caused the NRA to 'institute the baseless lawsuit' or how such conduct led to the NRA suit. The court is left to fill in these gaps."
"Because the claims set forth in the SATPC are not grounded in derivative liability and do not depend on the outcome of the NRA’s claims against AMc, such claims cannot form the basis of an impleader action."
"The court recognizes the long road traveled by AMc and LaPierre until this point – nearly two years of litigation and three third-party complaints – and the proximity of this decision to the anticipated trial setting for the main claim."
"Members of Metro’s Safety and Operations Committee took a step Thursday toward changing that policy, voting to temporarily ban people from Metro property who are arrested for sex offenses or crimes involving firearms or other dangerous weapons." washingtonpost.com/transportation…
"Under the proposed policy, officers would issue a citation to anyone arrested on suspicion of a sex offense or a crime involving firearms, banning first-time offenders from the system for 14 days."
"The American Civil Liberties Union of D.C. opposes the plan, saying it would ban riders before any subsequent legal proceedings."
"The Sullivan Law was passed, in good part, as an effort to disarm Italian immigrants, whom many believed were predominately responsible for violent crime in New York City in the early 20th century."
"This history is important not because the conditions that existed over a century ago are still present, but because it illustrates the ineluctable danger when the exercise of a fundamental right rests upon the discretion of a few."
"Nonetheless, the narrative that Italians were predisposed to violent crime only grew despite studies showing that the vast majority of Italian immigrants were law-abiding and no more prone to crime than the native-born."
NEW: United States v. Reichberg (2nd Circuit): Second Circuit upholds convictions of Jeremy Reichberg, who (among other things), bribed an NYPD officer for the approval of gun carry licenses. dl.airtable.com/.attachments/9…
"Reichberg argues there was insufficient evidence to support his conviction on the bribery counts because the evidence does not establish that the bribed officers took 'official action'... We disagree."
"For example, after Reichberg paid for Grant’s home improvements in June 2014, Grant pressured other officers to approve Reichberg’s gun license application in subsequent months."
"Representative Butler, who drafted the Act, explained how 'in many counties' the 'men who oppress' black citizens 'preceded their outrages ... by disarming [them], in violation of [their] right[s] as ... citizen[s] to "keep and bear arms,"...'"
"Today, the vast majority of states—at least 43—continue to respect the right of their citizens to carry arms for self-defense. New York is not among them."