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Peterson v. LaCabe (Denver, CO) MSJ Filed

Grapeshot

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The case was lost in District Court as of about 6 weeks ago (been busy with personal life stuff). The judge used Peruta repeatedly against my case. We have filed an appeal with the United States Court of Appeals for the Tenth Circuit. Our appellant brief is due on June 6th, with amicus due 7 days later. The case will be called, after our filing, Peterson v. Garcia et al (new Denver manager of safety).

Latest information here:
Peterson v. LaCabe


  • April 8th, 2011: Notice of appeal filed with the District Court to appeal to the United States Court of Appeals for the Tenth Circuit, case #11-1149
Any information on schedules/dates on this?
 

Grapeshot

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Grape, I just want to say "Thank You!" for supporting us across the pond of grain.

We are all bound by the commonality of cause, the depth of which exceeds the "let me count the ways" emotions and extends the limits of "he ain't heavy, he's my brother." Lots of good people here standing at your side.

Besides, I know something of seas of amber grain having been raised in the heartland where certain values where instilled from birth and have only grown stronger with each challenge.

Remember Walt Whitman's "I Hear America Singing" (Leaves of Grass)? We are that America.
 

Gray Peterson

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I couldn't find any details on the 10th Circuit web page. How did the arguments go? Any impression of the judges' thinking based on their questions?

We're working on getting the audio recordings. I won't go into particular detail with the oral arguments, as it hasn't been released yet with the approval of the court, but the questions they asked were interesting to say the least.
 

since9

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We are all bound by the commonality of cause, the depth of which exceeds the "let me count the ways" emotions and extends the limits of "he ain't heavy, he's my brother." Lots of good people here standing at your side.

Besides, I know something of seas of amber grain having been raised in the heartland where certain values where instilled from birth and have only grown stronger with each challenge.

Remember Walt Whitman's "I Hear America Singing" (Leaves of Grass)? We are that America.

Aye, I do. Along with, ironically, "Irving Berlin's" many contributions to who we are as Americans today.
 

10A

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DENVER – A federal appeals court has ruled that permits allowing people to carry concealed weapons are not protected by the Second Amendment.

The ruling by the 10th U.S. Circuit Court of Appeals was issued Friday in a case involving Washington state resident Gray Peterson.

A federal judge in 2011 tossed out Peterson's lawsuit filed against Denver and the state's Department of Public Safety. Peterson claims that being denied a concealed weapons permit because he was not a Colorado resident violated his Second Amendment rights to bear firearms.

According to gun rights groups, Colorado is one of about two dozen states that do not honor concealed weapons permits from Washington state.

Colorado recognizes weapons permits issued by other states, but only for states that recognize Colorado permits. Washington state does not recognize Colorado permits.

The Colorado attorney general's office was "gratified that the 10th Circuit Court has upheld Colorado state law," spokeswoman Carolyn Tyler said.

The National Rifle Association did not return a phone call seeking comment and Peterson could not be located for comment.

In its ruling, the three-judge panel cited a U.S. Supreme Court ruling that "the right of the people to keep and bear arms is not infringed by laws prohibiting the carrying of concealed weapons."

"In light of our nation's extensive practice of restricting citizen's freedom to carry firearms in a concealed manner, we hold that this activity does not fall within the scope of the Second Amendment's protections," the judges ruled.

According to court records, Peterson had permits from Florida and Washington. Peterson said he was a frequent visitor to Denver and needed to carry a firearm during his visits.


Read more: http://www.foxnews.com/politics/201...holds-concealed-weapons-ruling/#ixzz2Lhv9YxN1

Sorry Gray. Appeal for certiorari?
 
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davidmcbeth

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These judges are morons ... OC v. CC ? We get rulings both ways ... its a red herring examination .. carry is carry IMO..

SCOTUS may pick one or the other .. but carry will prevail as being mandatory to allow .... with only folks who have no gun rights being the exception (with being a toddler, crazy)
 

press1280

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These judges are morons ... OC v. CC ? We get rulings both ways ... its a red herring examination .. carry is carry IMO..

SCOTUS may pick one or the other .. but carry will prevail as being mandatory to allow .... with only folks who have no gun rights being the exception (with being a toddler, crazy)

So, does Denver ban OC completely, or it just requires a permit(CO or reciprocal) to OC? I couldn't follow it in this case......
 

Gray Peterson

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So, does Denver ban OC completely, or it just requires a permit(CO or reciprocal) to OC? I couldn't follow it in this case......

Denver's statute along with a state court decision says that Denver bans OC completely even for permit holders. The State of Colorado claimed in the 10th Circuit that you the state license allows you to OC or CC.
 

Saxxon

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I would think this primes a case against Denver's OC ban, since they have denied the right to a US citizen to CC legally, it follows they have to allow OC or they are denying the right in whole.
 

SteveInCO

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I would think this primes a case against Denver's OC ban, since they have denied the right to a US citizen to CC legally, it follows they have to allow OC or they are denying the right in whole.

See the fundamental problem with this argument is that it uses actual logic, which of course is a no-no when dealing with a gun-grabber. :mad:
 
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M-Taliesin

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Citation Please

Denver's statute along with a state court decision says that Denver bans OC completely even for permit holders. The State of Colorado claimed in the 10th Circuit that you the state license allows you to OC or CC.

Hello Folks!
I was recently, for the first time ever, rousted by a sergeant in Denver for OC'ing while on the job. He made a bunch of claims, but essentially, stood on the notion that OC is illegal in Denver. I have a CCW permit, and produced it, but that didn't prevent him from demanding that I conceal my sidearm.

Point being, I surely would like a citation to the specific 10th Circuit claim that OC is legal with a permit in Denver. I'd also like to have a solid argument to challenge the notion that somebody who does not have a permit is totally without his rights to bear arms in any fashion whatsoever.

My partner does not have a permit. He was OC'ing. He was told he could not carry his sidearm at all in Denver.
He was compelled to remove it and stow it away. I believe that's wrong.

Anyhow, I surely would like some fresh ammo to use against those that would deprive us of a God-given right.

Blessings,
M-Taliesin
 
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