Richards v. Prieto

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Richards v. Prieto (formerly Sykes v. McGinness)

Richards v. Prieto is a case challenging the carry license issuing policies in Yolo County. The case was filed in 2009 under the caption Sykes v. McGinness. McGinness was the sheriff of Sacramento county and was compelled by this lawsuit to issue carry licenses for self defense. Therefore the complaint against sheriff McGiness and Sacramento County have been dismissed. The case has been renamed and litigation will continue against Yolo County and Sheriff Preito.

Adam Richards, Brett Stewart,  
Second Amendment Foundation, Inc., 
and The Calguns Foundation, Inc.,

	     Plaintiffs, 

	     v.
 
 Ed Prieto, and County of Yolo, 

	     Defendants. 

Palmer v. District of Columbia is a sister case challenging the District of Columbia's ban of the carrying of firearms for self defense.

Status

The case is case number 2:09-cv-1235-MCE-KJM. Docket from RECAP. This case was filed in U.S. District Court for the Eastern District of California.

  • October 22, 2010 The action against Sheriff McGinness has been dismissed. The case against Yolo County and Sheriff Prieto continues under a new name Richards v. Prieto
  • October 22, 2010 Plaintiffs have filed a motion to amend and a hearing on that motion will take place December 16, 2010
  • June 28, 2010: McDonald decision released. 60-day countdown as directed by Judge England starts before a refiling of MSJ's on either side.
  • April 13, 2010: In his written order, Judge England has continued the Plaintiff's MSJ until 60 days after McDonald.
  • September 1, 2009: In his written order, Judge England has continued the Plaintiff's MSJ until resolution of Nordyke.
  • August 27, 2009: at a hearing this date, Judge England granted a 60-day delay before hearing the MSJ, to approximately the end of November, 2009. New exact date TBD.
  • August 26, 2009: The plaintiffs filed an opposition to Sacramento's motion to continue or stay plaintiff's MSJ.
  • August 6, 2009: Plaintiffs filed a Motion For Summary Judgment. Hearing date for the motion will be Thursday, September 24, 2009, at 2:00 p.m. or as soon thereafter as the matter may be heard, in Courtroom 7 of the United State District Court for the Eastern California, 501 I Street, Sacramento, California 95814.
  • July, 15 2009: Yolo County entered an answer.
  • July, 2009: Yolo County requested and received an extension of time for response until July 15, 2009.
  • June 3, 2009: Replies from the Sheriff and Sacramento County, both from the same law firm and both demanding trial by jury.

Calguns Discussion Thread

CGF:Sykes becomes Richards v. Prieto/Yolo

CCW: SAF, Calguns Challenge Arbitrary Denial of Right to Bear Arms In California

Intent

This suit seeks to do two things.

  1. "Good Cause" shall be interpreted such that "self defense" is more than enough "Good Cause."
  2. "Good moral character" shall be interpreted to mean "not otherwise prohibited from buying or possessing firearms" under the common understanding of that term (felon in possession, no 5150 bar, etc.)

A third but not explicit item is that may really means shall.

-Gene Hoffman