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Federal Judge Says California Attorney General Kamala Harris Wrong on Gun Control Laws

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This is from AmmoLand.

It is refreshing to see a Federal Judge is getting something right.

The amazing thing about this judge he was appointed by

Bill Clinton.

 

CalGuns FoundationCourt denies Harris’ arguments and agrees with gun rights group The Calguns Foundation, says state’s firearm waiting period laws fail to meet Constitutional muster

ROSEVILLE, CA-(Ammoland.com)- In a rejection of California Attorney General Kamala Harris’ stance on the rights of law-abiding gun owners, Senior Federal District Court Judge Anthony W. Ishii denied Harris’ motion for summary judgement today in a federal civil rights lawsuit filed by The Calguns Foundation, indicating that California’s 10-day “waiting period” gun laws are likely unconstitutional.

“The fact that a federal judge saw these laws for what they are — baseless restraints on the exercise of a fundamental civil right — is monumental,” explained Gene Hoffman, Chairman of The Calguns Foundation. “California’s waiting period laws for those who own guns is not Constitutional and this order really underlines the point.”

In his order, Judge Ishii said that Harris has “not presented sufficient evidence to show that the [10-day waiting period laws] passes either intermediate or strict scrutiny.”

About the laws being challenged in the case, named plaintiff Jeff Silvester of Hanford, California, said, “I have a license to carry a loaded firearm across the State. It is ridiculous that I have to wait another 10 days to pick up a new firearm when I’m standing there in the gun store lawfully carrying one the whole time.”

“This is certainly an exciting development in Second Amendment case law,” noted Brandon Combs, an individual plaintiff in the case and the Executive Director of The Calguns Foundation. “If our Constitution means what it says, then California’s gun waiting period laws have to be overturned and law-abiding people must be allowed to exercise their rights without irrational infringements.”

Regardless of the final decision at the district court, the case is virtually certain to end up at the Ninth Circuit Court of Appeals, and possibly even the United States Supreme Court.

“Cases like this one will define the limits of government regulations on firearms and Second Amendment rights,” said Combs. “We look forward to making sure laws like California’s waiting period are properly scrutinized by the courts.”

Judge Ishii was appointed to the Federal District Court for the Eastern District of California by President Bill Clinton in 1997.

The Calguns Foundation (CGF) (www.calgunsfoundation.org) is a 501(c)3 non-profit organization that serves its members, supporters, and the public through educational, cultural, and judicial efforts to defend and advance Second Amendment and related civil rights. Supporters may visithttp://www.calgunsfoundation.org/donate to join or donate to CGF.
Read more: http://www.ammoland.com/2013/12/federal-judge-says-california-attorney-general-kamala-harris-wrong-on-gun-control-laws/#ixzz2nEVOSPc7
Under Creative Commons License: Attribution

 

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Court upholds historic collective bargaining reform law in Wisconsin…

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This is from Joe For America.

It is about time a court ruling got things right.

The Damned Unions have bled industry and America too long.

MADISON, Wis. – Wisconsin Gov. Scott Walker’s 2011 law curtailing collective  bargaining privileges for most state employees was once again upheld in federal  court this week, further dissolving Big Labor’s legal arguments against the  law. U.S.  District Court Judge William Conley dismissed a lawsuit Wednesday initiated by  two Wisconsin unions that claimed the law, known as Act 10, violated free speech  and equal protection clauses of the U.S. Constitution, the Leader-Telegram reports.

In his ruling, Conley wrote Act 10 doesn’t violate the constitution because  it doesn’t bar public employees from associating with their union or hinder  their union’s ability to speak out. Laborers Local 236 and the American  Federation of State, County and Municipal Employees Local 60 – the plaintiffs in  the case – “failed to state a claim for relief under either the First or  Fourteenth Amendments,” Conley wrote.

“Under Act 10, general employees remain free to associate and represented  employees and their unions remain free to speak; municipal employers are simply  not allowed to listen,” Conley wrote, according to the news site.

In a separate but related lawsuit last year, Conley ruled some provisions of Act 10  unconstitutional, specifically an annual union recertification requirement and  the end to automatic dues deductions. That ruling, however, was overturned by  the 7th U.S. District Court of Appeals, according to media  reports.

Conley’s recent ruling means Act 10 has thus far survived all legal  challenges in the federal courts, although another state lawsuit is pending  before the Wisconsin Supreme Court and many believe Big Labor will appeal this week’s federal  court decision.

Wisconsin Attorney General J.B. Van Hollen said Wednesday’s ruling serves as  vindication for Act 10, and he expects a similar outcome on the state court  level.

“This case proves, once again, that Act 10 is constitutional in all respects  and that the challenges to the law are baseless,” Van Hollen wrote in a prepared  statement, according to The Business Journal of Milwaukee. “I  appreciate decisions like this that follow the law, and I look forward to  bringing the remaining state court challenges before the Wisconsin Supreme  Court, where we expect Act 10 to be upheld once again.”

There is no timeline for the state Supreme Court Case, the Leader-Telegram  reports.

Katy Lounsbury, union attorney in the federal case, said she’s unsure if her  clients will appeal Conley’s decision.

Read more at http://joeforamerica.com/2013/09/collective-bargaining-reform-law-in-wisconsin/#6JyUomthDqYPa4IL.99

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