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News of The Day - They're back - 9th Circuit acts to find emergency Covid Orders violate the 2nd Amendment

Chuck Thompson

Thu, Jan 20, 2022 11:47 PM

9th Circuit - Second Amendment - Covid Emergency Orders - tiered scrutiny

Ventura County passed orders to deal with Covid by closing Gun shops, firing ranges and ammunition shops for a 48 day period. The lower court found the orders valid under Jacobson vs Massachusetts but the panel of the 9th Circuit found that the Orders imposed upon a core constitutional right; i.e., the 2nd Amendment right to bear arms. The court evaluated the order under strict scrutiny finding it failed that test and under intermediate scrutiny finding it failed that as well. The gist of those findings was that the County's Health Officer had not identified why these businesses in particular caused increased risks of Covid over the 19 businesses deemed essential that were allowed to remain open. The court specifically declined to hold that the Orders categorically violated the 2nd Amendment but only that on the facts supporting the Orders, they did not overcome the scrutiny required.
McDougal vs. County of Ventura https://cdn.ca9.uscourts.gov/datastore/opinions/2022/01/20/20-56220.pdf

Supreme Court - Confrontation Clause - The Open Door is not open

On a claim that the Defendant in a criminal case had "opened the door" the state introduced evidence of a statement a co-defendant had made as part of his guilty plea. The co-defendant did not testify against the Defendant and as a result introduction of the out of court statement violated the Defendant's 6th Amendment right.
Hemphill v. New York

Charles W. Thompson, Jr.
Of Counsel
P: (202) 466-5424 x7110
M: (240) 876-6790
D: (202) 742-1016
[facebook icon]https://www.facebook.com/InternationalMunicipalLawyersAssociation/[twitter icon]https://twitter.com/imlalegal[linkedin icon]https://www.linkedin.com/company/international-municipal-lawyers-association-inc./

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www.imla.org http://www.imla.org/
Plan Ahead!
IMLA's 2022 Mid-Year Seminarhttps://imla.org/seminars/, April 8-11, 2022 in Washington, D.C.!
IMLA's 2022 Annualhttps://imla.org/annual-conference/ Conference, October 19-23, 2022 in Portland, OR!

Check out our On-Demand webinar libraryhttps://netforum.avectra.com/eweb/shopping/shopping.aspx?site=imla&webcode=shopping&cart=0&shopsearchCat=Merchandise&productCat=Webinar with 100+ webinars at your fingertips.

9th Circuit - Second Amendment - Covid Emergency Orders - tiered scrutiny Ventura County passed orders to deal with Covid by closing Gun shops, firing ranges and ammunition shops for a 48 day period. The lower court found the orders valid under Jacobson vs Massachusetts but the panel of the 9th Circuit found that the Orders imposed upon a core constitutional right; i.e., the 2nd Amendment right to bear arms. The court evaluated the order under strict scrutiny finding it failed that test and under intermediate scrutiny finding it failed that as well. The gist of those findings was that the County's Health Officer had not identified why these businesses in particular caused increased risks of Covid over the 19 businesses deemed essential that were allowed to remain open. The court specifically declined to hold that the Orders categorically violated the 2nd Amendment but only that on the facts supporting the Orders, they did not overcome the scrutiny required. McDougal vs. County of Ventura https://cdn.ca9.uscourts.gov/datastore/opinions/2022/01/20/20-56220.pdf Supreme Court - Confrontation Clause - The Open Door is not open On a claim that the Defendant in a criminal case had "opened the door" the state introduced evidence of a statement a co-defendant had made as part of his guilty plea. The co-defendant did not testify against the Defendant and as a result introduction of the out of court statement violated the Defendant's 6th Amendment right. Hemphill v. New York Charles W. Thompson, Jr. Of Counsel P: (202) 466-5424 x7110 M: (240) 876-6790 D: (202) 742-1016 [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [logo]<https://imla.org/> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's 2022 Mid-Year Seminar<https://imla.org/seminars/>, April 8-11, 2022 in Washington, D.C.! IMLA's 2022 Annual<https://imla.org/annual-conference/> Conference, October 19-23, 2022 in Portland, OR! Check out our On-Demand webinar library<https://netforum.avectra.com/eweb/shopping/shopping.aspx?site=imla&webcode=shopping&cart=0&shopsearchCat=Merchandise&productCat=Webinar> with 100+ webinars at your fingertips.

Brett Kriger

Thu, Jan 20, 2022 11:52 PM

That pesky Constitution

Get Outlook for Androidhttps://aka.ms/ghei36

From: Chuck Thompson cthompson@imla.org
Sent: Thursday, January 20, 2022 5:47:11 PM
To: disasterrelief@lists.imla.org disasterrelief@lists.imla.org; cityattorneys@lists.imla.org cityattorneys@lists.imla.org; counties@lists.imla.org counties@lists.imla.org; 'policeadvisors@lists.imla.org' (policeadvisors@lists.imla.org) policeadvisors@lists.imla.org
Subject: [Disasterrelief] News of The Day - They're back - 9th Circuit acts to find emergency Covid Orders violate the 2nd Amendment

9th Circuit – Second Amendment – Covid Emergency Orders – tiered scrutiny

Ventura County passed orders to deal with Covid by closing Gun shops, firing ranges and ammunition shops for a 48 day period. The lower court found the orders valid under Jacobson vs Massachusetts but the panel of the 9th Circuit found that the Orders imposed upon a core constitutional right; i.e., the 2nd Amendment right to bear arms. The court evaluated the order under strict scrutiny finding it failed that test and under intermediate scrutiny finding it failed that as well. The gist of those findings was that the County’s Health Officer had not identified why these businesses in particular caused increased risks of Covid over the 19 businesses deemed essential that were allowed to remain open. The court specifically declined to hold that the Orders categorically violated the 2nd Amendment but only that on the facts supporting the Orders, they did not overcome the scrutiny required.

McDougal vs. County of Ventura https://cdn.ca9.uscourts.gov/datastore/opinions/2022/01/20/20-56220.pdf

Supreme Court – Confrontation Clause – The Open Door is not open

On a claim that the Defendant in a criminal case had “opened the door” the state introduced evidence of a statement a co-defendant had made as part of his guilty plea. The co-defendant did not testify against the Defendant and as a result introduction of the out of court statement violated the Defendant’s 6th Amendment right.

Hemphill v. New York

Charles W. Thompson, Jr.

Of Counsel

P: (202) 466-5424 x7110

M: (240) 876-6790

D: (202) 742-1016

[facebook icon]https://www.facebook.com/InternationalMunicipalLawyersAssociation/[twitter icon]https://twitter.com/imlalegal[linkedin icon]https://www.linkedin.com/company/international-municipal-lawyers-association-inc./

[logo]https://imla.org/

51 Monroe St. Suite 404
Rockville, MD, 20850

www.imla.org http://www.imla.org/

Plan Ahead!

IMLA’s 2022 Mid-Year Seminarhttps://imla.org/seminars/, April 8-11, 2022 in Washington, D.C.!

IMLA’s 2022 Annualhttps://imla.org/annual-conference/ Conference, October 19-23, 2022 in Portland, OR!

That pesky Constitution Get Outlook for Android<https://aka.ms/ghei36> ________________________________ From: Chuck Thompson <cthompson@imla.org> Sent: Thursday, January 20, 2022 5:47:11 PM To: disasterrelief@lists.imla.org <disasterrelief@lists.imla.org>; cityattorneys@lists.imla.org <cityattorneys@lists.imla.org>; counties@lists.imla.org <counties@lists.imla.org>; 'policeadvisors@lists.imla.org' (policeadvisors@lists.imla.org) <policeadvisors@lists.imla.org> Subject: [Disasterrelief] News of The Day - They're back - 9th Circuit acts to find emergency Covid Orders violate the 2nd Amendment 9th Circuit – Second Amendment – Covid Emergency Orders – tiered scrutiny Ventura County passed orders to deal with Covid by closing Gun shops, firing ranges and ammunition shops for a 48 day period. The lower court found the orders valid under Jacobson vs Massachusetts but the panel of the 9th Circuit found that the Orders imposed upon a core constitutional right; i.e., the 2nd Amendment right to bear arms. The court evaluated the order under strict scrutiny finding it failed that test and under intermediate scrutiny finding it failed that as well. The gist of those findings was that the County’s Health Officer had not identified why these businesses in particular caused increased risks of Covid over the 19 businesses deemed essential that were allowed to remain open. The court specifically declined to hold that the Orders categorically violated the 2nd Amendment but only that on the facts supporting the Orders, they did not overcome the scrutiny required. McDougal vs. County of Ventura https://cdn.ca9.uscourts.gov/datastore/opinions/2022/01/20/20-56220.pdf Supreme Court – Confrontation Clause – The Open Door is not open On a claim that the Defendant in a criminal case had “opened the door” the state introduced evidence of a statement a co-defendant had made as part of his guilty plea. The co-defendant did not testify against the Defendant and as a result introduction of the out of court statement violated the Defendant’s 6th Amendment right. Hemphill v. New York Charles W. Thompson, Jr. Of Counsel P: (202) 466-5424 x7110 M: (240) 876-6790 D: (202) 742-1016 [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [logo]<https://imla.org/> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<http://www.imla.org/> Plan Ahead! IMLA’s 2022 Mid-Year Seminar<https://imla.org/seminars/>, April 8-11, 2022 in Washington, D.C.! IMLA’s 2022 Annual<https://imla.org/annual-conference/> Conference, October 19-23, 2022 in Portland, OR! Check out our On-Demand webinar library<https://netforum.avectra.com/eweb/shopping/shopping.aspx?site=imla&webcode=shopping&cart=0&shopsearchCat=Merchandise&productCat=Webinar> with 100+ webinars at your fingertips.