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The Constitution of California does not contain a provision explicitly guaranteeing an individual right to keep and bear arms. Article 1, Section 1, of the California Constitution implies a right to self-defense (without specifically mentioning a right to keep and bear arms) and defense of property, by stating, "All people are by nature free and independent and have inalienable rights.
However, unlike a TRO, a prejudgment writ of attachment provides a source of financial recovery for a plaintiff. Usually, a plaintiff seeking a prejudgment writ of attachment must post a surety bond of up to two times the amount of the damages claimed by the plaintiff. Common grounds for obtaining a prejudgment writ of attachment are that a ...
Illinois, with what are arguably some of the most robust gun laws besides California, has enacted a law signed by Gov. J.B. Pritzker that bans the sale, possession, or manufacturing of automatic ...
The Supreme Court's overturning of a New York law restricting people's right to carry firearms in public has reinvigorated a legal war on California's gun laws.
The judge's decision was not without precedent considering a California appeals court nullified an almost identical San Francisco gun ban on exactly the same grounds in 1982. [5] The City appealed Judge Warren's ruling, but lost by a unanimous decision from the three judge panel in the Court of Appeals issued on January 9, 2008.
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At common law, a claimant's rights were limited to an award of damages. Later, the court of equity developed the remedy of specific performance instead, should damages prove inadequate. Specific performance is often guaranteed through the remedy of a right of possession, giving the plaintiff the right to take possession of the property in dispute.
The act was a direct response to the deaths of five schoolchildren in the Cleveland Elementary School shooting in Stockton that year. [4] [5] The co-author of the legislation, California State Senate President pro tem David Roberti, found himself the subject of a recall attempt by the gun lobby in 1994.