CA first amendment carry case (Read 312 times)

wolfwood

CA first amendment carry case
« on: April 14, 2019, 02:30:07 PM »
Here you go friends.  Take a look.  Basically the guy wants to carry as a form of political protest over some Silicon Valley CEO


https://www.scribd.com/document/406273128/Zeleny-CA-First-Amendment-Open-Carry-Case
Please add my business facebook page if you are interested in my litigation
https://www.facebook.com/ABeckLaw/

Charles Nichols

Re: CA first amendment carry case
« Reply #1 on: April 14, 2019, 08:08:25 PM »
Richard Seeborg is the presiding judge.  He also presided over Jackson v. San Francisco in which he denied the motion for a preliminary injunction.  The 9th circuit court of appeals upheld the denial.  The cert petition was denied with this dissent by Justices Scalia and Thomas -> https://www.supremecourt.gov/opinions/14pdf/14-704_jiel.pdf

On March 6, 2019 Seeborg ruled that Commerce Secretary Wilbur Ross could not add a question about citizenship to the 2020 United States Census.

On April 8, 2019 Seeborg ruled that non-Mexican asylum seekers did not have to stay in Mexico while awaiting their court proceedings.

It doesn't take a crystal ball to predict that Judge Seeborg will issue a decision which says that there is no First Amendment right to demonstrate with a firearm and although the operative complaint states the "Second Amendment" I couldn't discern a Second Amendment claim.

My lawsuit against the State of California does not state a First Amendment claim (although I preserved a 1st Amendment claim against the City of Redondo Beach) but if he were to succeed in facially invalidating PC 26350 and 26400 and the State did not appeal it would moot my challenge to those two provisions.  Not only is he unlikely to win his as-applied challenge, I likewise couldn't discern a claim challenging the two unloaded Open Carry bans on their face.

I suspect that if he does win, he will win a very narrow as-applied challenge with a Catch-22.  In any event, his lawsuit was initially filed on 12/28/2017 and his amended complaint was filed on the 9th.  An amended complaint resets the clock and so it will be a while before there is a final judgment in the district court and then he gets to final a notice of appeal and wait, and wait, and wait...

Unless I get hit by a bus, there will be a final decision by the 9th circuit court of appeals before his appeal (or the NRA Flanagan appeal) is decided.  And all I need to do to win my challenges to the two Unloaded Open Carry bans is for the court of appeals to hold that I have a right under the Second Amendment to sit in a chair on my porch with an unloaded handgun, rifle or shotgun made in or after 1899.

Charles Nichols

Re: CA first amendment carry case
« Reply #2 on: May 11, 2019, 08:03:10 AM »
86   CLERK'S NOTICE SETTING Further Settlement Conference for 7/11/2019 09:30 AM before Judge Nathanael Cousins in San Jose, Courtroom 5, 4th Floor. Updated Settlement Conference Statements due by 7/5/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF)

85   MOTION to Dismiss filed by New Enterprise Associates, Inc.. Motion Hearing set for 6/13/2019 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 5/23/2019. Replies due by 5/30/2019.(Lane, Roger)