Theseus 626.9 Case...The REAL DEAL!

[Theseus]

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You should not bring into question the abilities of my lawyer. He did what he reasonably could have done, and I believe a far sight better than any non-firearms lawyer would have.

To my understanding I don't believe gun stores are allowed to be within 1000 feet of a school for other zoning reasons. . . but I could be wrong.

If this case were binding case-law then we could run into a situation where part of a shopping mall or parking lot were OK to travel, but other parts would not be. Take Bass Pro Shops in Rancho Cucamonga. A portion of the southern parking lot is within 1000 feet of a school. If you park in one parking space you are a potential felon, but one just next to that one you aren't.

The intention of 626.9 and its use of exemption for within a business, within a residence and private property was to prevent this kind of confusion.


Nutczak wrote:

Maybe I am giving too much credit to the attorney with this, but could the case have been thrown on purpose so precedent can be set in a higher court on appeal?

The issue of what is considered private property as compared to public property;

What abouta gun range or gun shop? Is their parking area also considered public property? If within 1,000 feet of a school could make the basis of the business illegal in the judges ways of thinking.

Note to theseus;

Sorry for your loss of rights and being harrassed, I hope things go well during the appeal and you will be able to set precedent for the entire state. The federal GFSZ's were ruled unconstitutional, so I see no reason the GFSZ cannot be successfully challenged in CA.

 

[demnogis]

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The issue is not setting case law with a bad conviction under a bad law, its setting bad precedence... with one 'example' now on the books, another da or judge can use this to say its a-ok to surpress the exemptions within a law from applying to a case to obtain a guilty verdict.

Lets use another example... what if someone with a ccwp were within a schoolzone or on a campus. Police are called and he is tried for 626.9. Judge surpresses his ccwp or. The ccwp exemption to obtain the state's desired verdict.

Justice was not served in your case, nor the hypothetical situation i provided. But, this is how the state operated to suit their own agenda. This play is now on the record, any other da or iudge can follow the same route because there is no RKBA in CA, and "guns are evil"!


Theseus wrote:

You should not bring into question the abilities of my lawyer. He did what he reasonably could have done, and I believe a far sight better than any non-firearms lawyer would have.

To my understanding I don't believe gun stores are allowed to be within 1000 feet of a school for other zoning reasons. . . but I could be wrong.

If this case were binding case-law then we could run into a situation where part of a shopping mall or parking lot were OK to travel, but other parts would not be. Take Bass Pro Shops in Rancho Cucamonga. A portion of the southern parking lot is within 1000 feet of a school. If you park in one parking space you are a potential felon, but one just next to that one you aren't.

The intention of 626.9 and its use of exemption for within a business, within a residence and private property was to prevent this kind of confusion.

 

[Theseus]

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My case changed nothing. . . they have always been able to do the same. My case doesn't make a binding legal precedent and it won't until I appeal. Even Tapia, which was supposedly binding precedent was enough to prevent this.

 

[demnogis]

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I certainly want you to win your appeal. The more cement we can affix to 626.9 before tossing it in the ocean, the better.

When you win on appeal i'm throwin you an omgwtfuwin-bbq.

Theseus wrote:

My case changed nothing. . . they have always been able to do the same. My case doesn't make a binding legal precedent and it won't until I appeal. Even Tapia, which was supposedly binding precedent was enough to prevent this.

 

[mavue]

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demnogis wrote:

When you win on appeal i'm throwin you an omgwtfuwin-bbq.

Never been to one of those. What do you serve there?

 

[demnogis]

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I think rofl-acquitted ribs, lol-owned beers with some victory pie ror dessert.

 

[Theseus]

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Hmm....A party. . . well. . . seeing as how it would follow about 1 year prohibition on firearms I will be itching to head to a range and shoot the crap out of some paper!

 

[demnogis]

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I suppose a shoot-n-bbq type event on BLM land would accommodate all aspects yes?

 

[greengum]

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http://www.youtube.com/watch?v=9qFxFiMEioU starts off talking about the gun free zones. Pretty interesting.

 

[marshaul]

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greengum wrote:

http://www.youtube.com/watch?v=9qFxFiMEioU starts off talking about the gun free zones. Pretty interesting.

Interesting, but not relevant.

Theseus is dealing with a state law.

 

[inbox485]

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Theseus wrote:

My case changed nothing. . . they have always been able to do the same. My case doesn't make a binding legal precedent and it won't until I appeal. Even Tapia, which was supposedly binding precedent was enough to prevent this.

Any guess at the timeline going forward?

 

[bigtoe416]

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Any word on the appeal? I don't know if an appeal has to be filed within a certain amount of time after a judgment, but sentencing is in a week so I thought I'd ask.

 

[cato]

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I don't expect anything new on this until Jan. And even then it will be months if not the better part of a year for any movement.

 

[bigtoe416]

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I ask because of my promise to donate more money to Theseus' case. I can only donate 500 dollars a year and get my employer to match it, so I was kinda planning on donating in December, having my employer match that, and then doing it again in January. If the decision to appeal doesn't come until 2010 then I'll have to revise my number down to a $1000.

 

[coolusername2007]

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Donate what you can/want...that's up to you. But Theseus posted a message (on calguns I think) that any and all money donated is going to his current legal team, not his appeals team). From the last statement I remember him making,he's planning on a court appointed attorney for his appeal.

 

[bigtoe416]

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As long as he appeals, that's what I care about. I don't care who his attorney is, as long as he appeals.

 

[bigtoe416]

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$400 more donated, put in for my matching $500 at work.

 

[ACMeesot]

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Is it too late toshow upin the physical to show strength and support? I am available, and look rather sharp in a suit. =)

 

[inbox485]

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ACMeesot wrote:

Is it too late to show up in the physical to show strength and support? I am available, and look rather sharp in a suit. =)

http://www.spike.com/video/family-guy-w-in-nam/2795818

 

[bigtoe416]

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Anybody know the sentence?