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 BIG Win in the 9th Circuit Court This WILL effect Washington 
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Location: Florida
Joined: Tue Aug 29, 2023
Posts: 2
Real Name: Edward Newman
I wanted to offer a little update and glimmer of home in the long (very long) run. Don't get to excited as the courts move VERY slow. One of the attorneys that we use, she is representing us in our case againt NYS's semi auto rifle license, just won a big decision in the 9th circuit. Ok so for those of you who are not well versed in things legal, Federal Courts have 3 levels, District, Circuit and Supreme. 90% of cases are tried in District Court, 9% make it to the Circuit on appeal and 1% the Supreme Court of the United States. District Court decisions are not binding, they are just for that case, although these do set precedent. Circuit Court of Appeals decisions are binding on the District Courts in that Circuit (stand by for more on that). Supreme Court case decisions like Heller, MacDonald and Bruen are binding on all lower courts (so everyone). So the 9th Circuit covers, among other states, California and Washington (also Oregon). There is a case in California, Baird v Bonta which challenges California's defacto ban on open carry. That case is about 4 years old now (you will start to see time frames) and they have been arguing over a motion for preliminary injunction (that is the first step in a case - you will start to see how time frames can easily exceed 10 years). The District court denied the preliminary injunction which would have suspended the law while the case was being tried. The plaintiff (pro-2a side) appealed to the 9th Circuit arguing that the Judge in the case did not use the proper methodology (so this is about procedures right now, not the actual constitutionality of open carry). BIG news, the 3 Judge panel in the 9th Circuit wrote a scathing rebuke of what the District Court Judge did and send it back with very detailed and strict rules of how he needs to re-evaluate the case. Now most of you are in Washington and don't care much about open carry in California, BUT what is so big is that this decision is binding on all of the District Courts in the 9th Circuit which includes Washington State. So as the assault weapon law and other cases come before District Court Judges in Washington for a motion for a preliminary injection they now have a very strict procedure to follow which will likely produce much better results for us in those cases. Again, this will take time, a lot of time, but in the short term (years) it will be helpful to our cases. You can read the decision here...

https://cdn.ca9.uscourts.gov/datastore/ ... -15016.pdf

Edward Newman
Dark Storm Industries LLC
www.dark-storm.com


Mon Sep 18, 2023 11:41 am
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Location: Renton, WA
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Real Name: Steve
Edward, thank you for the good news and all of the explanation! :bow:

We need all of the good news that we can get!

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Mon Sep 18, 2023 4:28 pm
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Location: Lynnwood and at large
Joined: Wed May 1, 2013
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Real Name: Vick Lagina
Oh, we've been tracking.

viewtopic.php?f=40&t=142607

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Mon Sep 18, 2023 7:18 pm
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Uplifting news, thanks Mr. Newman. :thumbsup2:

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Mon Sep 18, 2023 9:28 pm
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Real Name: Chuck
Thank you, but please use some paragraphs that wall of text is painful.

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Sat Sep 30, 2023 5:12 am
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