Michel & Associates, P.C. Attorneys at Law 2017-06-22T02:56:25Z http://michellawyers.com/feed/atom/ WordPress mapcadmin <![CDATA[Former Police Officer Files Racketeering Lawsuit Against Los Angeles Police Department]]> http://michellawyers.com/?p=39487 2015-08-05T21:51:07Z 2015-08-05T21:41:59Z ww2

Wayne Wright, retired police officer and war veteran, filed suit in federal court July 31, 2015.

United States District Court, Central District

On behalf of war veteran and former police officer Wayne Wright, Michel & Associates filed a federal lawsuit in Los Angeles on Friday, July 31, against the LAPD, the Los Angeles City Attorney’s office, and involved employees and policymakers who conspired to destroy Mr. Wright’s firearm collection.

Mr. Wright’s firearm collection was seized by LAPD in 2004 after he was entrapped by them into allowing one of their undercover detectives to carry a firearm that was being transported to an FFL for a lawful transfer. LAPD then used this bad arrest to get a warrant to seize the entirety of Mr. Wright’s collection, some 400-plus firearms comprised primarily of curio and relic pieces.

After Mr. Wright became eligible for the return of his firearms, LAPD’s notorious Gun Unit and the City Attorney’s office put Mr. Wright through a five-year odyssey of illegal requirements to “prove” he owned the guns they seized from him in order to purportedly gain their return. While LAPD represented to Mr. Wright that his firearms would eventually be returned if he complied with LAPD’s unlawful requests for proof of ownership, the City Attorney’s office surreptitiously applied for an ex parte order to destroy the collection, and the LAPD then did so without any notice to Mr. Wright.

LAPD has been previously sued for its failure to provide basic due process or follow state law when it comes to returning firearms to their owners. In that prior matter, Sarah McGee, et al. v. City of Los Angeles, et al., USDC Central District of California Case No. 98-2043GHK, then-Chief Bernard Parks agreed to implement Special Order No. 1, making compliance with state law regarding return of firearms an express policy of the LAPD. Once again, LAPD has ignored state law as well as its own policy, and the result is the destruction of priceless collector’s items valued in the aggregate at nearly three-quarters-of-a-million dollars.

The matter filed on Friday is captioned Wayne William Wright v. Charles L. Beck, et al., USDC Central District of California Case No. 2:15-cv-05805-R-PJW. A copy of the complaint is linked here.

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mapcadmin <![CDATA[Los Angeles City Council Votes For New Gun Storage Law]]> http://michellawyers.com/?p=39476 2015-08-04T23:56:02Z 2015-08-04T23:56:02Z RE: Los Angeles City Council Votes to Draft Gun Storage Ordinance

 

Michel & Associates represents the National Rifle Association in the state of California, and is the largest firearms law firm in the U.S.

 

Quote From:

 

Chuck Michel

Senior Partner, Michel & Associates

 

Chuck Michel is one of the leading authorities on firearm law in both the state and federal courts, and is renowned for his trial experience in high-profile 2nd Amendment cases.

 

Statement:

The state of California already has in place felony criminal penalties for the improper storage of firearms. The Los Angeles City Council’s attempt to usurp the state’s authority, and impose a misdemeanor penalty not only represents a vacuous attempt at enforcement, but illegally impedes that regulatory scheme and is preempted by state law.

Firearm owners should store their firearms responsibly, safe from children and other unauthorized users. How this is accomplished however, should be a personal decision based upon the specific needs of the firearm owner – single women who live alone in high-crime areas, and who may require prompt access to a firearm for self-defense, do not have the same storage needs as  families in gated communities.

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cmichel <![CDATA[(Re-)Argument preview: Is possession of a sawed-off shotgun a “violent felony”? The government is not going down without a fight]]> http://michellawyers.com/re-argument-preview-is-possession-of-a-sawed-off-shotgun-a-violent-felony-the-government-is-not-going-down-without-a-fight/ 2015-04-20T16:55:46Z 2015-04-20T16:55:46Z For Monday morning’s re-argument in Johnson v. United States , the Justices have posed their own Question Presented: “Whether the residual clause in the Armed Career Criminal Act of 1984, 18 U. S. C. §924(e)(2)(B)(ii), is unconstitutionally vague.” When the Supreme Court directs the parties to answer such a question after struggling with a case for two months (it heard the first set of oral arguments in November and ordered re-argument in January), many would say that the handwriting is on the wall. However, the federal government’s supplemental brief presents as strong a case as one can imagine for answering the new question in the negative. And at oral argument on Monday morning, the federal government is likely to make clear that it – and the statute – will not go down without a fight. This case is the fifth  in seven years addressing the “residual clause” of the Armed Career Criminal Act (“ACCA”), which requires a mandatory minimum fifteen-year sentence for an unlawful gun possessor who has three prior “violent felony” convictions. In defining what felonies, including state-law crimes, are violent felonies, the ACCA first lists some specific crimes: “burglary, arson, or explosives, [or] involves the use of explosives.” The statute then provides, in its “residual clause,” the following general definition: any felony that “otherwise involves conduct that presents a serious potential risk of physical injury to another.” Continue Reading Here

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(Re-)Argument preview: Is possession of a sawed-off shotgun a “violent felony”? The government is not going down without a fight

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cmichel <![CDATA[(CA) The Big Idea: California Is So Over]]> http://michellawyers.com/ca-the-big-idea-california-is-so-over/ 2015-04-20T16:49:45Z 2015-04-20T16:49:45Z California’s drought and how it’s handled show just what kind of place the Golden State is becoming: feudal, super-affluent and with an impoverished interior. California has met the future, and it really doesn’t work. As the mounting panic surrounding the drought suggests, the Golden State, once renowned for meeting human and geographic challenges, is losing its ability to cope with crises. As a result, the great American land of opportunity is devolving into something that resembles feudalism, a society dominated by rich and poor, with little opportunity for upward mobility for the state’s middle- and working classes. The water situation reflects this breakdown in the starkest way. Everyone who follows California knew it was inevitable we would suffer a long-term drought. Most of the state—including the Bay Area as well as greater Los Angeles—is semi-arid, and could barely support more than a tiny fraction of its current population. California’s response to aridity has always been primarily an engineering one that followed the old Roman model of siphoning water from the high country to service cities and farms. Continue Reading Here

Link:
(CA) The Big Idea: California Is So Over

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cmichel <![CDATA[(U.S.) Eric Holder’s gun-ban list of ‘mental defectives’ is mostly veterans]]> http://michellawyers.com/u-s-eric-holders-gun-ban-list-of-mental-defectives-is-mostly-veterans/ 2015-04-20T08:00:41Z 2015-04-20T08:00:41Z The chairman of the Senate Judiciary Committee wants Attorney General Eric H. Holder Jr. to explain why a Department of Justice gun ban list has a “mental defective” category consisting almost entirely of names belonging to military veterans and their dependents. “It’s disturbing to think that the men and women who dedicated themselves to defending our freedom and values face undue threats to their fundamental Second Amendment rights from the very agency established to serve them,” Sen. Chuck Grassley , Iowa Republican, said in a statement Wednesday. “A veteran or dependent shouldn’t lose their constitutional rights because they need help with bookkeeping.” Mr. Grassley outlined his concerns about the list to Mr. Holder in a letter dated this week. It included various failures by the Department of Justice — including the inconsistent application of standards and weak due process protections — that have led to the Department of Veterans Affairs adding “a disproportionate number of names” to the federal gun ban list. Continue Reading Here

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(U.S.) Eric Holder’s gun-ban list of ‘mental defectives’ is mostly veterans

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cmichel <![CDATA[(U.S.) Why female big-game hunters become the hunted online, in a way men don’t]]> http://michellawyers.com/u-s-why-female-big-game-hunters-become-the-hunted-online-in-a-way-men-dont/ 2015-04-20T08:00:10Z 2015-04-20T08:00:10Z Rebecca Francis is an avid hunter from Utah and former co-host of an NBC Sports show called “Eye of the Hunter.” Her Web site is a Noah’s Ark of death , featuring hundreds of photos of the smiling mother of three posing proudly beside freshly killed bears, zebras, wildebeests and more. A few days ago, pretty much nobody seemed to care. But in the time since comedian Ricky Gervais shared a photo of Francis lying beside a dead giraffe, the hunter, you might say, has become the hunted. “What must’ve happened to you in your life to make you want to kill a beautiful animal and then lie next to it smiling?” Gervais wondered on Facebook . The comedian’s critical Facebook post and tweet have been shared tens of thousands of times, sparking outrage and condemnation — not to mention numerous death threats against the huntress. Continue Reading Here

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(U.S.) Why female big-game hunters become the hunted online, in a way men don’t

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mapcadmin <![CDATA[(OR) JOSEPHINE COUNTY SHERIFF WILL NOT ENFORCE NEW OREGON GUN CONTROL LAW]]> http://michellawyers.com/or-josephine-county-sheriff-will-not-enforce-new-oregon-gun-control-law/ 2015-04-19T21:00:14Z 2015-04-19T21:00:14Z Josephine County, OR. — Joining the current trend of sheriffs refusing to cooperate with laws they believe are unconstitutional or frivolous, Oregon’s Josephine County sheriff’s department will not enforce (soon to become) a new state law that mandates firearms purchasers to undergo background checks for private sales, according to sources in Oregon on Tuesday. Day before, on Monday, April 13, 2015 at 9 AM Josephine County Oathkeepers spearheaded by Coordinator Joseph Rice a veteran of Afghanistan set up a picket in front of the Sheriff’s office because Sheriff Dave Daniel did not answer Oathkeepers e-mail demanding to know his stance on SB911. Continue Reading Here

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(OR) JOSEPHINE COUNTY SHERIFF WILL NOT ENFORCE NEW OREGON GUN CONTROL LAW

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Claudia <![CDATA[(CA) Live from the George Soros Secret Donor Retreat]]> http://michellawyers.com/ca-live-from-the-george-soros-secret-donor-retreat/ 2015-04-19T15:21:42Z 2015-04-19T11:00:51Z SAN FRANCISCO—Wealthy liberals from across the country discussed strategy and finances this Sunday during the Democracy Alliance’s biennial donor confab, where the number of supported groups grew by more than a dozen and funding targets grew by tens of millions of dollars above previous years. The contrasts are stark at this week’s meeting of the nation’s foremost liberal donor club. Flashy sports cars ferry climate crusaders to a luxury hotel, a private security company shields prying eyes from speeches on political accountability, and billionaire Democratic donors denounce money in politics. Continue Reading Here

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(CA) Live from the George Soros Secret Donor Retreat

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cmichel <![CDATA[Now THAT’S An Inducement!]]> http://michellawyers.com/now-thats-an-inducement/ 2015-04-19T03:02:01Z 2015-04-19T03:02:01Z Image from Facebook Breitbart has a story that appears to be Bill Clinton’s (ahem) “…dream-come-true…”. It seems that Dennis Hof and the gals at the Moonlite Bunny Ranch are endorsing Hillary Clinton for the Presidency in the 2016 Election. They are also offering “to do what it takes” to help get Hillary elected to the White House next year. Wow. Now, everyone can find out with a few keystrokes in any reasonable search engine that they can access the current Nevada campaign guide . In it one can find everything that the Nevada Secretary of State considers important for candidates and incumbents to know about how to keep it legal in The Silver State. Of course, it likely should be left to the legal experts as to whether such an offer is permissible under Nevada’s campaign laws in the first place. (On the other hand, given what is known about Democrat campaign practices in such places as New York’s Big Apple , it just may be that Hof’s offer could fall afoul of the law if taken on the campaign trail.). But are we truly going to expect that the Hillary for President campaign is going to be reporting the kinds of “contributions in kind” from HBO’s “Cathouse” crew that Nevada law seems to require? In addition, will Mrs. Clinton really be on record taking donations of any kind from real, live sex workers, in her march to the White House? And what about all those women voters out there? What are they going to think of votes “gained” by such a “generous offer” as from a woman known colloquially as “Air Force Amy”? Forget passing inspection, this is the kind of thing that got Anthony Weiner relegated to the dog house by Huma Abedin (who also just happens to be a close aide to Mrs. Clinton.). Face it- The Bunny Ranch offer is much larger in value than the $ 38 per vote recently discussed in the media. Perhaps that may be what Democrats think it’s going to take to make headway against the leveling affect of Citizens United. But it’s a helluva way to win an election in the modern era. Stay tuned.

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Now THAT’S An Inducement!

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mapcadmin <![CDATA[(KS) Appeals Court rules against Kansas man, Dana Huff, who claimed unlawful search]]> http://michellawyers.com/ks-appeals-court-rules-against-kansas-man-dana-huff-who-claimed-unlawful-search/ 2015-04-18T15:00:53Z 2015-04-18T15:00:53Z The 10th U.S. Circuit Court of Appeals on Tuesday upheld a Kansas district court ruling on a man who claimed Kansas City, Kan. police illegally searched his vehicle before charging him with firearm offenses. Dana Huff was stopped by Kansas City police in June 2011 for a minor traffic violation. When officers approached, they found a handgun underneath the driver’s seat of Huff’s Isuzu Rodeo and a rifle sitting near a passenger in the vehicle. Huff and the passenger were arrested and Huff was indicted on one count of being a felon in possession of a firearm and one count of possession of an unregistered short-barreled rifle. Continue Reading Here

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(KS) Appeals Court rules against Kansas man, Dana Huff, who claimed unlawful search

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