#2279150 - 06/27/08 01:46 PM
NEWS RELEASE - LAWSUIT v. SAN FRANCISCO
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RickBin
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NEWS RELEASE
CCRKBA, NRA CIVIL RIGHTS COALITION SUES SAN FRANCISCO OVER PUBLIC HOUSING GUN BAN
Yesterday’s United States Supreme Court ruling in District of Columbia vs. Heller confirmed what the Citizens Committee for the Right to Keep and Bear Arms has been saying all along: the Second Amendment does indeed protect a fundamental individual right to keep and bear arms. But because Washington, D.C. is a federal enclave, the Heller ruling applies to the federal government only.
Today, using the Heller decision as the basis for the challenge, the Citizens Committee, in partnership with the National Rifle Association (NRA), filed a civil rights lawsuit to confirm that the Second Amendment restricts state and local governments from infringing on the right to keep and bear arms as well.
The lawsuit was filed in federal court against the City of San Francisco and the San Francisco Public Housing Authority to invalidate the City’s ordinance (Police Code section 617) and lease provision that bans the possession of firearms in public housing
Before the Second Amendment can be used to challenge unconstitutional regulations laws at the state or local level, it must be “incorporated” through the Fourteenth Amendment to apply to the state and local governments. The lawsuit will serve to establish the incorporation doctrine in the Ninth Circuit Court of Appeal, including California, and invalidate the existing ban on firearms in public housing in San Francisco in the process.
“As with the advancement of any civil right throughout history, subsequent litigation is essential in order to establish both the parameters of the Second Amendment’s protections, and initially to establish that the Second Amendment restricts state and local governments from infringing on your right to self-defense,” said Chuck Michel, civil rights attorney for the plaintiffs in the case.
“Just because someone lives in public housing does not mean that person must surrender his or her civil rights, or their right of self-defense,” said CCRKBA Chairman Alan Gottlieb. “This lawsuit seeks to restore the rights of those living in public housing to choose to own a gun for sport or to defend their families.”
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< Please e-mail, distribute, and circulate to friends and family >
Copyright ? 2008 Citizens Committee for the Right to Keep and Bear Arms, All Rights Reserved.
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#2279495 - 06/27/08 04:39 PM
Re: NEWS RELEASE - LAWSUIT v. SAN FRANCISCO
[Re: RickBin]
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peepsight3006
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Great. And since San Fran is in the jurisdiction of the 9th circuit court, case law will have been established and that bunch of commie judges will just have to sit back and bite their nails when each new case is appealed to them. Otherwise they risk going head to head with the SCOTUS and they don't want that.
Wayne
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#2284877 - 06/30/08 04:05 PM
Re: NEWS RELEASE - LAWSUIT v. SAN FRANCISCO
[Re: peepsight3006]
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notsobighunter
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San Fran and Chicago are next. When are they going to get to NY and NJ? This is going to be good.
_________________________
"To give anything less than the best is to sacrifice the gift." Steve Prefontaine
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#2291802 - 07/04/08 09:13 AM
Re: NEWS RELEASE - LAWSUIT v. SAN FRANCISCO
[Re: notsobighunter]
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W7ACT
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San Fran and Chicago are next. When are they going to get to NY and NJ? This is going to be good.
Oh, they are in the sites, along with Mass. Don't worry it'll come to pass.
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#2296103 - 07/07/08 06:26 AM
Re: NEWS RELEASE - LAWSUIT v. SAN FRANCISCO
[Re: W7ACT]
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RickB
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Registered: 03/17/07
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Loc: Canyon Country, CA
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I wouldn't get overly cocky or optimistic about this just yet. They got a penalty and we got to move the ball a little farther down the field, but if anyone thinks this is the end of gun control they are going to be very disappointed.
Gun control advocates have figured out that chopping off our heads with one swipe is not going to happen but they are just as happy using the "death from a thousand cuts" tactic.
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#2297014 - 07/07/08 03:33 PM
Re: NEWS RELEASE - LAWSUIT v. SAN FRANCISCO
[Re: RickB]
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JustOneGunner
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Registered: 03/01/08
Posts: 336
Loc: Minnesota
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I wouldn't get overly cocky or optimistic about this just yet. They got a penalty and we got to move the ball a little farther down the field, but if anyone thinks this is the end of gun control they are going to be very disappointed.
Gun control advocates have figured out that choppinjavascript:quickReply(2296103,1)
Quick Quote Quick Quoteg off our heads with one swipe is not going to happen but they are just as happy using the "death from a thousand cuts" tactic.
They've been dividing and conquering for some time now...
_________________________
" These new glorified M16s are both impressive and expensive, but they are still "poodle-shooters." " - Jeff Cooper
"A fear of weapons is a sign of retarded sexual and emotional maturity." - Sigmund Freud in "General Introduction to Psychoanalysis"
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#2317343 - 07/17/08 04:42 PM
Re: NEWS RELEASE - LAWSUIT v. SAN FRANCISCO
[Re: JustOneGunner]
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peepsight3006
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The cancer of gun confiscation indoctination has been dealt a serious, but non-fatal blow. The Left Coast is, and ought to be, the next target for 2nd ammendment enforcement efforts.
Wayne
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#2318235 - 07/18/08 06:49 AM
Re: NEWS RELEASE - LAWSUIT v. SAN FRANCISCO
[Re: peepsight3006]
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HunterJim
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Registered: 03/28/03
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This post is from calguns.net, and gives a view of what is to come. I am sending $, and encourage others interested in this fight to do so as well...jim
-----------------------------
The incorporation lawsuits are not the extent of the NRA's plan nationally, nor is the SF suit all that is planned in California. We have a full "dream sheet" of litigation we want to bring, using both the Heller ruling and the Fiscal preemption ruling (Prop H).
NRA is leading and working with like minded civil rights groups including CRPA, CCRKBA, SAF (represented by Alan Gura), GOC, PP and reps from calguns. Hopefully we can hold all the groups together for the long haul. Factionalism is counterproductive. At this stage everyone seems to recognize that overreaching too soon could result in bad precendent not just for California, but nationally.
Some examples of what is coming down the road:
Oakland has already been served with a pre-litigation demand to repeal its "ultra compact handgun" ban. SF's UCH and .50 caliber handgun bans are also in our sights.
A renewed challenge to all or part of the semi-auto ban is also in the works. CRPA has already has significant funding set aside for this effort. TMLLP is coordinating with Calguns on a semi-auto licensing suit, which may include other elements. We can work together on this effort, but we need to time it carefully. This case is probably not the forum to litigate the incorporation issue. Consider how clean the SF ban on guns in publlic housing challenge is -- the SF gun ban is broader than the ban that SCOTUS struck down in Heller. That allows the lawyers on our side to focus the court on the threshold incorporation issue. Until we get that issue resolved, state and local governments are not restricted by the Heller ruling.
I am also in contact with some of the lawyers and groups advancing CCW litigation. This is also a licensing issue, not as clean as challenging a flat out ban.
There are a lot more possibilities. Lawyers are still studying the Heller decision and considering its implications. Ultimately though, any case chalenging a state of local law in California will have to get a hearing before the Ninth Circuit, or perhaps SCOTUS, on the incorporation issue. Hopefully, everyone in the self-defense civil rights community can appreciate the need to get incorporation resolved as quickly and simply as possible before moving to phase two.
I support the fledgling calguns foundation, and encourage you to support it too. You should also know, however, that because of the depth of the legal challenges pending, any California donor making a donation to NRA-ILA, the NRA Civil Rghts Defense Fund (501(c)(3)), CRPA, or CRPA Foundation (501(c)(3)) can count on that money (and then some) being spent in California. Checks made out to those entities can be sent c/o TMLLP for processing to ensure this if you desire. (And yes - you get a free magnet. Come to think of it, I will restock my "Don't Get Screwed by California Gun Laws" screwdriver giveaway and throw one of those in too.)
Although Heller does not go as far as I would have liked, and we were one vote away from re-education camps, we are now looking forward to better days my friends.
__________________
C. D. "Chuck" Michel
Managing Partner
TRUTANICH-MICHEL, LLP, Attorneys at Law
_________________________
LCDR Jim Dodd, USN (Ret.)
"If you're too busy to hunt, you're too busy."
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#2320507 - 07/19/08 11:57 AM
Re: NEWS RELEASE - LAWSUIT v. SAN FRANCISCO
[Re: HunterJim]
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slideaction
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Registered: 09/01/04
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Yes, we all have a big fight ahead if we want to maintain our gun rights. Quite frankly, the fight will never end as long as liberals beleive the citizens of the United States should not have them.
I'm also very much afraid Obama is going to get elected and if so, he and his liberal cronies will find ways I'm sure to circumvent or pervert the meaning of the Heller Ruling.
You know, there was a time when the Democrat party was actually a GOOD PARTY! That was before the 1960's. I wish that those in the Democratic party today, would find leaders within their party that could break free from the choke hold of the liberal thinkers who dominate it. I'm afraid it is now a haven and strong hold for far leftists and closet Communist to take refuge in while they spread moral decay through-out our country. And the majority of our nation have actually been hypnotised by this evil, which has been helped greatly by the liberal media and Hollywood. Sadly, our great nation, as we knew it growing up and all she stood for is almost completely gone. But as long as I'm breathing, i'll still speak out loud for what she once stood for, what she meant and use my one vote to try and get her back to where she was!
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#2320680 - 07/19/08 01:56 PM
Re: NEWS RELEASE - LAWSUIT v. SAN FRANCISCO
[Re: peepsight3006]
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340mag
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Registered: 11/12/03
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Great. And since San Fran is in the jurisdiction of the 9th circuit court, case law will have been established and that bunch of commie judges will just have to sit back and bite their nails when each new case is appealed to them. Otherwise they risk going head to head with the SCOTUS and they don't want that.
Wayne
then it should be obvious that the NRA should look into carefully picking and setting precedent in a differant jurisdiction FIRST, by sellecting the location and order of your legal battles carefully to take full advantage of setting precidents in our favor, in other jurisdictions FIRST
Edited by 340mag (07/19/08 01:58 PM)
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