Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > POLITICS, LITIGATION AND ACTIVISM > California 2nd Amend. Political Discussion & Activism > Temp Post-Duncan Mag Forum
Register FAQ Members List Calendar Mark Forums Read

Reply
 
Thread Tools Display Modes
  #1  
Old 04-01-2019, 4:03 PM
Discogodfather's Avatar
Discogodfather Discogodfather is offline
Low-Functioning Genius
CGN Contributor
 
Join Date: Feb 2010
Location: San Francisco
Posts: 5,489
iTrader: 3 / 80%
Default CA Mag Ban STAYED News Thread (Updated April 5th 5pm) BAN IN EFFECT

This was a news thread for informational purposes to help people understand what happened in California in the first week of April 2019 regarding the LCM (Large Capacity Magazine) ban. It shows the progression of events and establishes a narrative so as to help people understand what happened. The discussion thread is HERE and the list of retailers sending magazines is HERE.

Thanks to everyone that participated, we got the word out to people on CG and gave them valuable information not available anywhere else. There was a short window and we made it possible for people to KNOW that.

Master File of Duncan V Bercerra @ Michel & Associates Lists all documents from the lawsuit.

Timeline of Events:

1) On Friday March 29th 2019 Southern District Court Judge Robert T. Benitez issued a Judgement and a Order that basically declared that the California State ban on magazines that can accept larger than 10 rounds of capacity was unconstitutional in that it violated the 2nd Amendment. Read the actual JUDGEMENT here, and the accompanying ORDER here.

2) Online retailers and local gun stores and retail outlets began to sell larger than 10 round magazines as soon as the Judgement and Order was made public on Friday afternoon of March 29th

3) Between Saturday March 30th and Monday, April 1st many online retailers sent messages via social media and email declaring that they would ship to CA. On the morning of April 1st Brownell's and PSA (Palmetto State Armory) announced that they would be shipping to CA, becoming the first large online firearms and accessories dealers to allow sales and shipment.

4) On Monday afternoon, April 1st CA Attorney General Javier Bercerra asked for a stay on the decision Friday, an DEFENDANT’S EX PARTE APPLICATION TO STAY JUDGMENT PENDING APPEAL. Bercerra also filed the MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT’S EX PARTE APPLICATION TO STAY JUDGMENT PENDING APPEAL which is a much more comprehensive 10 page document outlining the actual arguments for the stay. This stay would need to be granted as early as April 2nd and as late as April 5th, 2019.

5) On April 2nd Michel and associates has issued a response to the application for a stay: PLAINTIFFS’ OPPOSITION TO DEFENDANT’S EX PARTE APPLICATION FOR TEMPORARY STAY OF THE JUDGMENT

6) On April 2nd State AG Bercerra has issued a response to the plaintiffs response: RESPONSE TO PLAINTIFFS’ OPPOSITION TO DEFENDANT’S EX PARTE APPLICATION FOR TEMPORARY STAY OF THE JUDGMENT

7) On the afternoon of April 3rd Michel and Associates files PLAINTIFFS’ OPPOSITION TO DEFENDANT’S EX PARTE APPLICATION TO STAYJUDGMENT PENDING APPEAL

8) On the afternoon of April 3rd Michel and Associates files two separate documents that include sworn statements from PSA (Palmetto State Armory) that they have accepted and shipped thousands of orders between March 29th and April 2nd 2019 to customers in California.

9) On the Afternoon of April the 4th AG Bercerra offers RESPONSE TO PLAINTIFFS’ OPPOSITION TO DEFENDANT’S EX PARTE APPLICATION TO STAY JUDGMENT PENDING APPEAL

10) AG Bercerra issues an ultimatum that the court issue a stay no later than 5:00pm Thursday, April 4th or Bercerra threatens Judge Benitez saying the AG will go to the 9th for an emergency decision immediately: (1:33 PM PDT April 4th)

"If a stay is not in place by that time, Defendant, due to the urgency of this
matter, will seek an emergency stay pending appeal before the Ninth Circuit Court
of Appeals."

11) AG Bercera files (to Judge Benitez's court) Notice of Appeal from the 9th District (2.48 PM PDT April 4th)

12) ORDER STAYING IN PART JUDGMENT PENDING APPEAL Order Staying the Judgement has granted immunity for purchases and sales between March 29th and April 5th 2019.

BAN REINSTATED AS OF 5PM PST APRIL 5TH, 2019



Summary of the request for a stay:

Bercerra went with a public safety argument to preserve the status quo:

"To effectively preserve the status quo, and to prevent a sudden influx of large capacity magazines (LCMs) into the State of California (the “State”), Defendant respectfully requests that the Court issue an immediate, temporary stay pending its ruling on the application for a stay pending appeal. Even if this Court, or the Ninth Circuit, ultimately issues a stay pending appeal, the State will suffer irreparable injury if LCMs are permitted to flow into the State in the interim. Defendant respectfully requests that such a temporary stay be issued by no later than April 2,
2019."


Becerra is already making the argument that it's legal now, and the influx of mags will be difficult for the state to deal with:

"Defendant brings this ex parte application for good cause on the ground that the State will suffer irreparable and immediate injury until a stay pending appeal is issued. California has restricted the acquisition of LCMs for nearly two decades, and until the Judgment is stayed pending appeal, individuals will be free to acquire new LCMs, and there is evidence that sales have begun already. If Section 32310 is ultimately reinstated by the Ninth Circuit, it will be difficult for the State to remove these new LCMs"


Major News stories:

Breitbart

Rolling Stone

Guns.com

NRA-ILA

SF Chronicle

USA Today
__________________
Quote:
Originally Posted by doggie View Post
Someone must put an end to this endless bickering by posting the unadulterated indisputable facts and truth.
Quote:
Originally Posted by PMACA_MFG View Post
Not checkers, not chess, its Jenga.
"The California matrix of gun control laws is among the harshest in the nation and are filled with criminal law traps for people of common intelligence who desire to obey the law." - U.S. District Judge Roger T. Benitez


Last edited by Discogodfather; 04-05-2019 at 7:37 PM..
Reply With Quote
  #2  
Old 04-01-2019, 4:08 PM
neal0124 neal0124 is offline
Senior Member
 
Join Date: Jul 2009
Location: Santa Clarita
Posts: 529
iTrader: 7 / 100%
Default

Could Benitez just deny their request, or is he required to grant it?
Reply With Quote
  #3  
Old 04-01-2019, 4:11 PM
Citadelgrad87's Avatar
Citadelgrad87 Citadelgrad87 is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Mar 2007
Posts: 15,129
iTrader: 32 / 100%
Default

It's not automatic. That pleading appears to be a judicial admission that its presently legal to acquire these.

Difficulty removing them? Try impossible.
__________________
Quote:
Originally Posted by repubconserv View Post
Print it out and frame it for all I care
Quote:
Originally Posted by el chivo View Post
I don't need to think at all..
Quote:
Originally Posted by pjsig View Post
You are talking to someone who already won this lame conversation, not a brick a wall. Too bad you don't realize it.
Quote:
Originally Posted by waterfern View Post
Didn't realize. I try not to be political.
XXXXXXXXXXXXXXXXX
Reply With Quote
  #4  
Old 04-01-2019, 4:18 PM
pratchett pratchett is offline
Member
 
Join Date: Sep 2009
Posts: 397
iTrader: 7 / 100%
Default

Quote:
Originally Posted by Citadelgrad87 View Post
That pleading appears to be a judicial admission that its presently legal to acquire these.
Oh, it's more than an appearance. It's an emphatic declaration of fact by the Attorney General. "Individuals WILL BE FREE" (emph added).
Reply With Quote
  #5  
Old 04-01-2019, 4:33 PM
curtisfong's Avatar
curtisfong curtisfong is offline
Calguns Addict
 
Join Date: Jan 2009
Posts: 6,062
iTrader: 9 / 100%
Default

Quote:
Originally Posted by Citadelgrad87 View Post
It's not automatic. That pleading appears to be a judicial admission that its presently legal to acquire these.

Difficulty removing them? Try impossible.
More importantly, it is a legal admission that the (ex)law doesn't do what Becerra claims it does - if the law doesn't remove the magazines, what is it good for?
__________________
The Rifle on the Wall

"“[S]cientific proof” of both gun-rights and gun-control theories “is very hard to get”; therefore, requiring “some substantial scientific proof to show that a [firearm] law will indeed substantially reduce crime and injury” is tantamount to applying strict scrutiny to, and almost certainly will lead to invalidation of, the law." - Kamela Harris

Lawyers and their Stockholm Syndrome
Reply With Quote
  #6  
Old 04-01-2019, 4:10 PM
SanDiego619's Avatar
SanDiego619 SanDiego619 is offline
Senior Member
 
Join Date: Jan 2013
Posts: 815
iTrader: 5 / 100%
Default

What happens to mags in the mail if a stay is granted?
__________________
Where the people fear the government you have tyranny. Where the government fears the people you have liberty.
Reply With Quote
  #7  
Old 04-01-2019, 4:12 PM
Citadelgrad87's Avatar
Citadelgrad87 Citadelgrad87 is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Mar 2007
Posts: 15,129
iTrader: 32 / 100%
Default

Quote:
Originally Posted by SanDiego619 View Post
What happens to mags in the mail if a stay is granted?
Neither rain nor snow nor dark of night, nor an injunction can stop the us mail.
__________________
Quote:
Originally Posted by repubconserv View Post
Print it out and frame it for all I care
Quote:
Originally Posted by el chivo View Post
I don't need to think at all..
Quote:
Originally Posted by pjsig View Post
You are talking to someone who already won this lame conversation, not a brick a wall. Too bad you don't realize it.
Quote:
Originally Posted by waterfern View Post
Didn't realize. I try not to be political.
XXXXXXXXXXXXXXXXX
Reply With Quote
  #8  
Old 04-01-2019, 4:15 PM
SanDiego619's Avatar
SanDiego619 SanDiego619 is offline
Senior Member
 
Join Date: Jan 2013
Posts: 815
iTrader: 5 / 100%
Default

Quote:
Originally Posted by Citadelgrad87 View Post
Neither rain nor snow nor dark of night, nor an injunction can stop the us mail.
Haha, I know, they are amazing. But I mean if they haven't been delivered yet, once they are delivered does that mean we acquired them after the stay?
__________________
Where the people fear the government you have tyranny. Where the government fears the people you have liberty.
Reply With Quote
  #9  
Old 04-01-2019, 4:21 PM
Nor*Cal Nor*Cal is offline
Veteran Member
 
Join Date: Nov 2011
Posts: 2,607
iTrader: 17 / 100%
Default

Quote:
Originally Posted by SanDiego619 View Post
Haha, I know, they are amazing. But I mean if they haven't been delivered yet, once they are delivered does that mean we acquired them after the stay?
Don't stress. The state has much bigger issues than if your order crosses state lines before a stay is issued. There's probably half a million mags on their way into the state right now.
Reply With Quote
  #10  
Old 04-01-2019, 4:23 PM
AnchorTactical AnchorTactical is offline
Member
 
Join Date: Apr 2016
Posts: 195
iTrader: 2 / 100%
Default

Quote:
Originally Posted by Nor*Cal View Post
Don't stress. The state has much bigger issues than if your order crosses state lines before a stay is issued. There's probably half a million mags on their way into the state right now.
All I could think of was my younger days working in a warehouse around the holidays.

Visions of forklifts beeping in a big warehouse, loaded with thousands of mags and workers scrambling to fill orders and bosses telling everyone mandatory OT

FREEDOM!!!
Reply With Quote
  #11  
Old 04-01-2019, 4:24 PM
SanDiego619's Avatar
SanDiego619 SanDiego619 is offline
Senior Member
 
Join Date: Jan 2013
Posts: 815
iTrader: 5 / 100%
Default

Quote:
Originally Posted by Nor*Cal View Post
Don't stress. The state has much bigger issues than if your order crosses state lines before a stay is issued. There's probably half a million mags on their way into the state right now.
Ok, thanks. I won't.

If that did happen, I'd just be happy with the ones that I already acquired, and I would dutifully destroy the others immediately upon receiving them.
__________________
Where the people fear the government you have tyranny. Where the government fears the people you have liberty.
Reply With Quote
  #12  
Old 04-02-2019, 3:54 AM
Mp5marley's Avatar
Mp5marley Mp5marley is offline
Senior Member
 
Join Date: Jul 2012
Location: Inland empire x OC
Posts: 1,129
iTrader: 44 / 100%
Default

Quote:
Originally Posted by Nor*Cal View Post
Don't stress. The state has much bigger issues than if your order crosses state lines before a stay is issued. There's probably half a million mags on their way into the state right now.
Half a million? I know one guy alone that order 400,000 mags via bulk mag program. From this day in, everyone legally acquired mags right?
Reply With Quote
  #13  
Old 04-01-2019, 5:28 PM
bronco75a's Avatar
bronco75a bronco75a is offline
Senior Member
 
Join Date: Nov 2016
Posts: 573
iTrader: 0 / 0%
Default

Quote:
Originally Posted by SanDiego619 View Post
Haha, I know, they are amazing. But I mean if they haven't been delivered yet, once they are delivered does that mean we acquired them after the stay?
Whose gonna know if you acquired them after the stay or not? Are you one of those people that just blurt out :"it arrived in the mail after the stay".
Reply With Quote
  #14  
Old 04-01-2019, 6:15 PM
SanDiego619's Avatar
SanDiego619 SanDiego619 is offline
Senior Member
 
Join Date: Jan 2013
Posts: 815
iTrader: 5 / 100%
Default

Quote:
Originally Posted by bronco75a View Post
Whose gonna know if you acquired them after the stay or not? Are you one of those people that just blurt out :"it arrived in the mail after the stay".
I am not asking if they will know. I am asking what the law is.

So far, no one has been able to answer.
__________________
Where the people fear the government you have tyranny. Where the government fears the people you have liberty.
Reply With Quote
  #15  
Old 04-04-2019, 3:36 PM
CAL.BAR CAL.BAR is offline
CGSSA OC Chapter Leader
 
Join Date: Nov 2007
Location: South OC
Posts: 4,956
iTrader: 9 / 100%
Default

Quote:
Originally Posted by SanDiego619 View Post
Haha, I know, they are amazing. But I mean if they haven't been delivered yet, once they are delivered does that mean we acquired them after the stay?
The latest order doesn't appear to have an end date for the injunction on enforcement of the law for those who imported etc. during the interim. Even if you receive the mags after the deadline, you are still among those exempted from the hi-cap law in perpetuity until further order.
Reply With Quote
  #16  
Old 04-04-2019, 5:20 PM
Redeyedrider's Avatar
Redeyedrider Redeyedrider is offline
Senior Member
 
Join Date: Oct 2014
Location: Placer Co.
Posts: 1,292
iTrader: 2 / 100%
Default

Quote:
Originally Posted by CAL.BAR View Post
The latest order doesn't appear to have an end date for the injunction on enforcement of the law for those who imported etc. during the interim. Even if you receive the mags after the deadline, you are still among those exempted from the hi-cap law in perpetuity until further order.
yep
__________________
=TRUMP 2020=

Quote:
I try to frame my response to be useful to those observing, with little regard to convince the opponent of my awesomeness. - EM2
Quote:
But that wasn't enough for the liberal douches. They just had to go after the grandfathered mags... And look what it got them. - L84CABO
Quote:
The media silence says more than their filthy lies - MrFancyPants
Quote:
The prosecutor only needed 5/7 jurors on board and couldn't even do that. - stix213
Reply With Quote
  #17  
Old 04-02-2019, 9:03 PM
glilon glilon is offline
Senior Member
 
Join Date: May 2010
Posts: 530
iTrader: 15 / 100%
Default

Quote:
Originally Posted by SanDiego619 View Post
What happens to mags in the mail if a stay is granted?
If you paid for them, they are yours. They do not belong to the seller or the shipper. My opinion.
Reply With Quote
  #18  
Old 04-01-2019, 4:16 PM
MC06's Avatar
MC06 MC06 is offline
Member
 
Join Date: Oct 2009
Posts: 102
iTrader: 3 / 100%
Default

Pftt, irreparable injury.
Reply With Quote
  #19  
Old 04-01-2019, 4:19 PM
curtisfong's Avatar
curtisfong curtisfong is offline
Calguns Addict
 
Join Date: Jan 2009
Posts: 6,062
iTrader: 9 / 100%
Default

Quote:
Originally Posted by MC06 View Post
Pftt, irreparable injury.
Which Benitez said the magazine law did. And used to justify his judgement that struck down the law that was doing irreparable injury.

Becerrra is just phoning it in because he knows the 9th will eventually come to his rescue, even if it is too late to stop a (short term) influx of standard capacity magazines (no, I don't care that LCM[sic] is a legal term. I will not use a legal term if it is clearly doublespeak propaganda, no matter how proper. And neither should you. If you do use one, always signify your disgust with it with [sic]).
__________________
The Rifle on the Wall

"“[S]cientific proof” of both gun-rights and gun-control theories “is very hard to get”; therefore, requiring “some substantial scientific proof to show that a [firearm] law will indeed substantially reduce crime and injury” is tantamount to applying strict scrutiny to, and almost certainly will lead to invalidation of, the law." - Kamela Harris

Lawyers and their Stockholm Syndrome
Reply With Quote
  #20  
Old 04-01-2019, 4:51 PM
DevilDawgJJ's Avatar
DevilDawgJJ DevilDawgJJ is offline
Pitbull Apologist
CGN Contributor
 
Join Date: Aug 2010
Location: Ventura County
Posts: 1,398
iTrader: 11 / 100%
Default

Quote:
Originally Posted by MC06 View Post
Pftt, irreparable injury.
Thought that was only for my pitbull, and trampoline.
__________________
Quote:
Originally Posted by FLIGHT762 View Post
Can I bring my Donkey? He loves Chunky Monkey.
Reply With Quote
  #21  
Old 04-01-2019, 5:00 PM
MC06's Avatar
MC06 MC06 is offline
Member
 
Join Date: Oct 2009
Posts: 102
iTrader: 3 / 100%
Default

Quote:
Originally Posted by DevilDawgJJ View Post
Thought that was only for my pitbull, and trampoline.
Exactly.
Reply With Quote
  #22  
Old 04-05-2019, 6:45 AM
Handshaker Handshaker is offline
Member
 
Join Date: Nov 2018
Posts: 116
iTrader: 0 / 0%
Default

Sorry if i missed this but can previously purchased mag kits be assembled before april 5th at 5pm?
Reply With Quote
  #23  
Old 04-05-2019, 7:01 AM
Kokopelli's Avatar
Kokopelli Kokopelli is offline
Veteran Member
 
Join Date: Sep 2008
Location: "the drop edge of yonder"
Posts: 2,534
iTrader: 4 / 100%
Default

Quote:
Originally Posted by Handshaker View Post
Sorry if i missed this but can previously purchased mag kits be assembled before april 5th at 5pm?
Yes. Assemble them before 5:00PM today.
__________________
“If we lose freedom here, there is no place to escape to. This is the last stand on earth.” - Ronald Reagan
"God is not on the side of the big battalions, but on the side of those who shoot best." - Voltaire
Reply With Quote
  #24  
Old 04-05-2019, 7:01 AM
Handshaker Handshaker is offline
Member
 
Join Date: Nov 2018
Posts: 116
iTrader: 0 / 0%
Default

Sorry if i missed this but can previously purchased mag kits be assembled before april 5th at 5pm?
Reply With Quote
  #25  
Old 04-05-2019, 7:27 AM
Kokopelli's Avatar
Kokopelli Kokopelli is offline
Veteran Member
 
Join Date: Sep 2008
Location: "the drop edge of yonder"
Posts: 2,534
iTrader: 4 / 100%
Default

Quote:
Originally Posted by Handshaker View Post
Sorry if i missed this but can previously purchased mag kits be assembled before april 5th at 5pm?
See post #837.
__________________
“If we lose freedom here, there is no place to escape to. This is the last stand on earth.” - Ronald Reagan
"God is not on the side of the big battalions, but on the side of those who shoot best." - Voltaire
Reply With Quote
  #26  
Old 04-05-2019, 7:27 AM
boopiejones's Avatar
boopiejones boopiejones is offline
Senior Member
 
Join Date: May 2014
Posts: 1,859
iTrader: 18 / 100%
Default

I thought all orders placed before 5:00 tonight would be good to go, but gunmagwarehouse just sent an email saying any order not SHIPPED by 5:00 would be cancelled and refunded. They did say they were confident everything would be shipped, but this is still a potential concern for some.

Dear loyal GunMag Warehouse customers,

Due to imminent changes in California law, all California orders will be prioritized until 5:00 PM PST. Any orders that do not ship prior to that deadline will be canceled and fully refunded. We are confident all orders will make it out before the deadline.

Currently, all other orders that are not shipping to California will have at least a 5 business day processing time.

Please be aware that our Customer Service Representatives will be out in the warehouse helping to ensure that all California orders are shipped by 5:00 PM PST.

We hope everyone understands the immediacy of the situation in California and we ask you to please be understanding during this unprecedented event.

Thank you,

GunMag Warehouse Customer Support
__________________
my Benitez goes to 11
Reply With Quote
  #27  
Old 04-01-2019, 7:13 PM
Den60's Avatar
Den60 Den60 is offline
Senior Member
 
Join Date: Jul 2016
Location: San Diego
Posts: 842
iTrader: 0 / 0%
Default

Quote:
Originally Posted by MC06 View Post
Pftt, irreparable injury.
I would argue that we Californian's have suffered the injury, it is our Constitutional rights that the State have trampled on. Hopefully, Benitez stays firm, takes some time to review it, and says "no."
__________________
Reply With Quote
  #28  
Old 04-01-2019, 4:17 PM
DAVO's Avatar
DAVO DAVO is offline
Member
 
Join Date: Jan 2006
Location: Riverside
Posts: 333
iTrader: 0 / 0%
Default

Great to hear.
__________________
Hayek. Friedman. Mises. Sowell.
Reply With Quote
  #29  
Old 04-01-2019, 4:20 PM
SanDiego619's Avatar
SanDiego619 SanDiego619 is offline
Senior Member
 
Join Date: Jan 2013
Posts: 815
iTrader: 5 / 100%
Default

Quote:
Originally Posted by DAVO View Post
Great to hear.
I think it's terrible.

He could have at least waited until all of our mags were delivered.
__________________
Where the people fear the government you have tyranny. Where the government fears the people you have liberty.
Reply With Quote
  #30  
Old 04-01-2019, 6:47 PM
AGGRO's Avatar
AGGRO AGGRO is offline
Senior Member
 
Join Date: Oct 2009
Location: San Diego
Posts: 2,055
iTrader: 7 / 100%
Default

Quote:
Originally Posted by SanDiego619 View Post
I think it's terrible.

He could have at least waited until all of our mags were delivered.
I'm sure no one is bringing them in from out of State cash sales. Or fruit, or illegals or .... insert banned crap here.
__________________
Reply With Quote
  #31  
Old 04-01-2019, 6:52 PM
SanDiego619's Avatar
SanDiego619 SanDiego619 is offline
Senior Member
 
Join Date: Jan 2013
Posts: 815
iTrader: 5 / 100%
Default

Quote:
Originally Posted by AGGRO View Post
I'm sure no one is bringing them in from out of State cash sales. Or fruit, or illegals or .... insert banned crap here.
Illegals aren't banned anymore. Illegals are now legal. In fact, we caught 100,000 last month and released them INSIDE our country!!! Unbelievable!! Completely insane!!
__________________
Where the people fear the government you have tyranny. Where the government fears the people you have liberty.
Reply With Quote
  #32  
Old 04-01-2019, 4:43 PM
bergmen's Avatar
bergmen bergmen is offline
Senior Member
 
Join Date: May 2011
Location: Ukiah, California
Posts: 713
iTrader: 0 / 0%
Default

Quote:
Originally Posted by DAVO View Post
Great to hear.
Great avatar.
Reply With Quote
  #33  
Old 04-01-2019, 4:20 PM
ambis ambis is offline
Member
 
Join Date: Dec 2012
Posts: 153
iTrader: 0 / 0%
Default

After the current buying spree large cap mags are 'now in common use' in California
Reply With Quote
  #34  
Old 04-01-2019, 4:20 PM
FullMetalJacket FullMetalJacket is offline
Member
 
Join Date: Jan 2008
Posts: 457
iTrader: 0 / 0%
Default

Quote:
If Section 32310 is ultimately reinstated by the Ninth Circuit, it will be difficult for the State to remove these new LCMs
GOOD.
Reply With Quote
  #35  
Old 04-01-2019, 4:21 PM
AnchorTactical AnchorTactical is offline
Member
 
Join Date: Apr 2016
Posts: 195
iTrader: 2 / 100%
Default

Keep buying!

F them
Reply With Quote
  #36  
Old 04-01-2019, 4:21 PM
Sousuke Sousuke is offline
Senior Member
 
Join Date: Mar 2012
Posts: 2,014
iTrader: 0 / 0%
Default

So assuming the judge waits until the 5th and shoots it down, he would appeal to the 9th and could get a stay by the 9th of April? Does that sound about right?
__________________
WTB: Chronograph
WTB: T Series Hi Power
WTB: Bisley Revolver (Uberti type)
WTB: Pietta 45lc conversion cylinder
Reply With Quote
  #37  
Old 04-01-2019, 7:26 PM
SVGUY SVGUY is offline
Member
 
Join Date: May 2018
Posts: 151
iTrader: 2 / 100%
Default

Quote:
Originally Posted by Sousuke View Post
So assuming the judge waits until the 5th and shoots it down, he would appeal to the 9th and could get a stay by the 9th of April? Does that sound about right?
Already went to the 9th 3 judge panel who also supported judges reasoning for reversing the ban. So there isn't much support so far on the 9th. Strange I know but this already happened.
Reply With Quote
  #38  
Old 04-01-2019, 7:33 PM
Califpatriot Califpatriot is offline
Senior Member
 
Join Date: Jul 2016
Location: Sf bay area
Posts: 2,189
iTrader: 28 / 100%
Default

Quote:
Originally Posted by SVGUY View Post
Already went to the 9th 3 judge panel who also supported judges reasoning for reversing the ban. So there isn't much support so far on the 9th. Strange I know but this already happened.
Not quite. It was a 2-1 decision. I am almost certain N.R. Smith would vote to uphold. John Clifford Wallace, although a Mormon and a Republican, is almost certain to vote to overturn. The wildcard is whoever the third judge is. In the preliminary injunction round it was a far-left retired judge from New York sitting by designation (special appointment). I'm not sure if she will be on the panel this time, but if she is, it is conceivable she votes to overturn despite supporting the preliminary injunction. A preliminary injunction can only be overturned if a very high burden is met. A final appealable order can be overturned much easier.
__________________
In case it wasn't obvious, nothing I write here should be interpreted as legal advice.
Reply With Quote
  #39  
Old 04-01-2019, 7:41 PM
Den60's Avatar
Den60 Den60 is offline
Senior Member
 
Join Date: Jul 2016
Location: San Diego
Posts: 842
iTrader: 0 / 0%
Default

Quote:
Originally Posted by Califpatriot View Post
Not quite. It was a 2-1 decision. I am almost certain N.R. Smith would vote to uphold. John Clifford Wallace, although a Mormon and a Republican, is almost certain to vote to overturn. The wildcard is whoever the third judge is. In the preliminary injunction round it was a far-left retired judge from New York sitting by designation (special appointment). I'm not sure if she will be on the panel this time, but if she is, it is conceivable she votes to overturn despite supporting the preliminary injunction. A preliminary injunction can only be overturned if a very high burden is met. A final appealable order can be overturned much easier.

I am no lawyer but it seems to me that Judge Benitez' ruling is so compelling and comprehensive that it would take some time for Becerra to come up with an appeal that would have even a chance of winning in the SCOTUS which this case likely will end up if the 9th overturns. Benitez not only leans heavily on Heller, but he shoots down every "expert" witness Becerra used to support his case.
__________________
Reply With Quote
  #40  
Old 04-01-2019, 7:48 PM
deadlift350 deadlift350 is offline
Junior Member
 
Join Date: Aug 2012
Posts: 67
iTrader: 0 / 0%
Default

For clarification - if the judge denies the stay, thats when they would file an appeal and it heads to the 9th right?
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 12:39 AM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2019, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2018, Calguns.net an Incorporated Company All Rights Reserved.
Calguns.net and The Calguns Foundation have no affiliation and are in no way related to each other.
All opinions, statements and remarks made by Calguns.net on this web site and elsewhere are solely attributable to Calguns.net.