In what is definitely NOT the last word in 2A legal challenges, plaintiffs are seeking a preliminary injunction on issues around “sensitive areas” and how weapons may be regulated therein, despite Second Amendment protections. A challenge to California P.C. 26230 has been combined with multiple other lawsuits.
Just last week, the court issued a comprehensive order related to California’s and Hawaii’s efforts to regulate where private citizens with concealed weapons permits may carry firearms – concealed or not. The issue in this case was narrow, but its reasoning may foreshadow a final decision of the issue. Please click below to read the full article.
A San Diego appellate division overturns the conviction of a man ticketed for criticizing an officer as the officer was citing someone else, ruling that a city ordinance criminalizing “loud or vulgar criticism” didn’t apply. The court affirmed the man’s First Amendment rights to openly criticize law enforcement.
The recent decision that ruled simply avoiding police isn’t enough suspicion to detain a person is extremely troublesome, in this professor’s view. “Mere avoidance” and “hiding” are different, and officers should have leeway to temporarily stop someone for further investigation to determine criminal activity is afoot.
Warrantless searches and seizure of anonymous safe deposit boxes violate the Fourth Amendment absent probable cause, and cannot be justified as an “inventory search.” Interesting legal issues still need to be decided after this Ninth Circuit decision.
A pending federal case will decide questions of excessive force in a case stemming from the “just following policy” hot-stop of a 5-foot-2, unarmed, compliant 83-year-old woman. Robert Phillips’ advice: “Come on. Are you kidding me?”
Gov. Gavin Newsom has signed a law to take effect Jan. 1 that makes California the first state to forbid using “excited delirium” as a diagnosis or cause of death. The legislation aims to remove the oft-used, but not medically recognized term from excusing use-of-force related deaths. Will it change anything?
A 2-1 decision from the Ninth Circuit rejecting qualified immunity for an officer who fatally shot a violently resisting man is reversed after a majority justice retires and is replaced with another judge. The case showcases the political nature of appointed justices.
CA Assembly Members introduce bills to eliminate geofence Search warrants, reverse keyword searches, and consent searches; significantly impacting tools the courts have ruled to be constitutional.
In California, the Legislature has imposed a number of impediments to private citizens purchasing new handguns. At issue here are parts of California’s so-called Unsafe Handgun Act (“UHA”), which (among other things) seeks to prevent the accidental discharge of a firearm.
