Mr. X v Becerra

Mr. X v Becerra

Another win for the Law Offices of Lieberman and Taormina, LLP, as well as a strike against tyranny!

So, I know you are all interested in knowing what is about to happen on July 1st regarding ammo.  Well, the short answer is I don’t know.  If Judge Benitez (St. Benitez) can be used as a guide, then there exists a strong possibility of an injunction being issued on June 30th (similar to what he did in Duncan v Becerra).  As of this writing, no injunction is on the table so we have to wait and see…  DOJ has been busy though…

The preliminary regs for the upcoming ammo catastrophe have been issued; interestingly enough, an emergency reg for driver licenses has also been issued!

BATFE came out and issued a statement awhile back saying that the dubious driver licenses California now issues (yes… the ones that you get by default unless you demand a more robust driver license… the one that was developed to allow illegal aliens to get a driver license without having to show residency proof) are a worthless as a form of ID, at least to the extent of buying firearms.

Sooo… the Feds say, “Yeah… we will accept the ones that say “All Federal Limits Apply”.  California, on the other hand, says NO!  You can’t accept it!  It is worthless!… And, yet, this is what the DMV issues to all applicants by default!… Oh… and serves as ID for purposes of voting?!?!?

Sigh.

We will talk more about this later… right now I have some good news I have been hoping to share for quite some time…

The Law Offices of Lieberman and Taormina did it again!  We killed it in the case of  Mr. X v Becerra”!!!!!  We literally just got news that we won!

(Obviously our client was not “Mr. X”… that is done for privacy concerns.)

This is a lesson in the malevolent failure of government bureaucracy… coupled with the arrogance of power… an arrogance that manifests at all levels.

Background:

Mr. X was given our name by the National Rifle Association.  You see, he had attempted to purchase a firearm and was denied based on a finding that Mr. X was 5250 (CA WIC § 5250 certifying that he is “gravely mentally disabled, a danger to himself or others” and, thus, subject to a lifetime ban on firearm ownership and use).

Problem is, Mr. X is not, nor has he ever been, “gravely disabled”… hell, he hasn’t even been “a little disabled”!

Back in the early 90s when Mr. X was a teenager he began experimenting with narcotics, enough that his parents became concerned… not enough, however, to keep him from ultimately going to college, grad school, and becoming a certified public accountant. 

(If you have arrived here from our newsletter, continue reading here…)

Oh… one other thing… and this is the best:  Mr. X was “anti-gun”.

Now, while he may have been an anti, he was not stupid.  He saw what was happening in our state, and having just had twins with his wife, decided now was the time to get a gun for home protection.  Not knowing anything about guns, he first decided to take a weapons class and then, ultimately, decided to buy a Sig.  It was during the purchase of the Sig that the 5250 issue manifested resulting in a denial of the DROS.

He knew that his parents had taken him to a drug treatment program back in the 90s… but there was never any indication that a mental competency hearing was part of it.  He had never been put under special custodial care, and there was no mandate of follow-up continual treatment after the drug treatment program was over.  In fact, there was never any form of communication between Mr. X, Mr. X’s parents, or anyone for that matter, that Mr. X was even in the universe of someone needing mental health treatment.

What we later discovered was that some clerk, yep literally a clerk, had checked a box on an admission form from a the treatment facility that stated Mr. X was 5250.  This information had been sent to CA DOJ and finally became known when Mr. X attempted to buy a gun.

A simple clerical error that could easily be fixed, right?

It took four court visits, multiple motions, and oral arguments before a judge before we were finally able to get an order last week rehabilitating Mr. X.  The time line:  roughly two years!

At each level of the judicial system we were met with incompetence or, in some instances, outward hostility towards our desire to restore Mr. X’s rights that never should have been abrogated in the first place.

I tend to look at the actions of the State and I see complete and utter incompetence.

Cosmo tends to look at the actions of the State and see calculated adversarial manipulation.

We have agreed that the truth probably lies somewhere in the middle… a term we have coined “criminal indifference” is probably the most appropriate way of describing the drones of the system.

On this one, though, I think the scales are tipped towards Cosmo’s theory. 

This was a victory that came through sheer perseverance.  The State knew what it was doing and what it could get away with.  This was going to be a war of attrition and we simply had more of an interest in the pursuit of justice than it had in not admitting a mistake.

Regardless… a win is a win!… And Cosmo and I will raise our glasses again in a toast to the fall of tyranny and the sovereignty of the individual made whole through the grace of God!

Oh… and “Beat Navy!”

Hooyah!

Recent Posts

Saint Alive! Blog - Catacombs

Saints Alive!

The sounds of dripping were muffled by the hiss of the torch.  I could feel the oil-laden rag at the end of the truncheon burning

Read More »
PAGA(Private Attorneys General Act) Blog

PAGA

One of the most infuriating aspects of Constitutional Law is the need to remain philosophically consistent, even when… especially when… outcomes on specific cases seem

Read More »
Cain Abel & the Vote Blog

Cain, Abel, and the Vote

Why did Cain kill Abel?     Seriously… what was the real motivation?  Jealousy?  That seems like a spectacularly one-dimensional excuse frankly.  I think it

Read More »

Comments (11)

  • Mark Snider Reply

    Steve, congrats on the win…keep up the fight! BTW, Signed up with USCCA.

    06/26/2019 at 08:05
  • Jim Manning Reply

    The state and its drones are both incompetent and evil. Congratulations! Can you recover fees under Private Attorney General, statute or regulations?

    06/26/2019 at 08:09
  • barry reder, d.d.s. Reply

    Well done my friend. -Barry Reder

    06/26/2019 at 08:19
  • Ted Cross Reply

    Steven,
    Congrats on this victory. If you have not, read Washington’s Crossing. You will love it. Right up there with 1776 by McCulloch.
    Best regards, Ted Cross
    Calvary 417 Sheepdogs

    06/26/2019 at 08:28
  • Ernie Medina Reply

    Awesome! congrats on the victory for Mr X and Freedom!

    Also, “Beat Army!!”

    06/26/2019 at 09:22
  • John B. Reply

    Great job! Incompetence that adversely affects people’s lives is unconscionable.

    06/26/2019 at 11:00
  • Jim Riggs Reply

    After 36 years as an LEO both local and Federal and another 21 in private security in California the following is my personal opinion:
    1. Thank God for people like you and your law firm.
    2. The only rights anyone has in this day and age are those he can afford to defend.
    3. In this time in our country, the law has nothing to do with justice and justice has nothing to do with the truth.
    Thanks for what you do for our community.

    06/26/2019 at 12:48
  • Allen Wortman Reply

    Congrats. I will have a glass of wine to celebrate your victory too, Mazel Tov!!!!

    06/26/2019 at 19:12
  • Allen Wortman Reply

    I don’t understand.

    06/26/2019 at 19:14
  • George Reply

    That is wonderful news, congratulations!

    06/26/2019 at 21:42
  • Kristi Krause Reply

    I second what Jim Riggs said.

    We tend to call what you and Cosmo have your different terms for as “process management.” This is usually followed with an eyeball roll, slap to the forehead, or some other display of exasperation.

    07/11/2019 at 00:24

Leave a Reply

Your email address will not be published. Required fields are marked *