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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel. |
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#2121
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The liberals in our state and federal governments do not believe they are required to provide any evidence that their policies are in any way connected to actual outcomes. And, they believe that simply by continuing to use the words “exceptionally lethal weapon of war” over and over despite the mass of factual evidence to the contrary, that at some point they will successfully manufacture a sufficient cognitive bias in enough people to make it become a cultural ‘truth’.
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#2122
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That'd be the difference between a legal process standpoint and a hyper-partisan activist standpoint and highlights what Trump was trying to correct when he started filling vacancies in the 9th.
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#2123
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Probably for the best, I think the two statutes are different enough that they should be challenged separately. Although I'm honestly not sure there will ever be a .50 BMG ban challenge, directly. It's just not really a lowest hanging fruit. Although there's a chance that a different case in the future might impact it indirectly.
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Settle down, folks. The new "ghost gun" regulations probably don't do what you think they do. |
#2124
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#2125
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Settle down, folks. The new "ghost gun" regulations probably don't do what you think they do. |
#2126
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According to SB Tactical, they alone have sold more then 30 million braces. Their estimates are 40+ million braces have been sold if you combine all companies.
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Subscribe to my YouTube channel ---->http://www.youtube.com/user/2A4USA |
#2127
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That's a lot of braces. Assume that is a fraction of the total MSR's in use
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NRA Benefactor CRPA Life Member GOA Member |
#2128
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The Motions Panel is selected and meets a minimum of 3 days (or however much time is adequate) every month to dispose of those motions for that month. Even if the Panel decides it doesn't have enough time to decide the stay on the merits, it can still grant (as the State would most certainly request, and did so in their emergency stay request) an administrative stay pending the resolution of their stay request (which only needs two judges), which would put the judgement on hold even past 7/4 if necessary. Even further, the state can request (and they did in their emergency motion) that an administrative/temporary stay be given on the off chance the motions panel doesn't rule in their favor, so that they can appeal the motions panel en banc without there being any sale/manufacturing/transfer of assault weapons. And keep in mind the further we proceed up this ladder, the less likely the state is going to be denied. The fact that they filed an emergency motion is ridiculous, and the FPC is right (as many of us have said before they filed) that June 18th is an arbitrary date for relief. The state is operating on the highly unlikely belief that the Motions Panel might deny their stay request AND deny an administrative/temporary stay while seeking en banc appeal request. Especially considering the timing: Benitez issued his order on 6/4, and 30 days means we're looking at 7/4 until his own temporary stay ends. The motions panel likely isn't going to meet at the beginning of the month; likely they're going to meet during the second or third week, based off of CA9 GO 6.2.d. as the staff attorneys need a "sufficient period of time to prepare an adequate calendar". Going back to Rhode v Becerra... while the administrative stay was granted next day (by 2 judges, on 4/24), the motions panel granted the stay pending appeal on 5/14. For those reasons it's likely their regular motion would be heard in a timely manner. I mean, again, I'm not a lawyer, and I certainly don't know all the minutiae of the court system at the appellate level, but based off of the rules posted, how it happened last time, and the lack of convincing argument made by Bonta (They don't explain the 6/18 date at al!), I see no reason for why the motion couldn't have just been a regular one, especially since they were afforded time to file, and especially since it's likely the Motions Panel would grant them every courtesy. That's why I think the need for an emergency motion is bunk, and basically every motion can be filed as an emergency motion by Bonta's logic. It makes me ask why Bonta pushed for the emergency motion. What does Bonta know that we don't. |
#2131
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I don't think it is of any legal relevance whatsoever. It costs them nothing to file, will not have any negative repercussions, and Newsom can say CA is trying hard to save lives. Disclaimer: IANAL.
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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." - Kamala Harris Lawyers and their Stockholm Syndrome |
#2132
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#2133
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Given the right court makeup, the State seems to have nearly infinite leeway.
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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." - Kamala Harris Lawyers and their Stockholm Syndrome |
#2134
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This doesn't always mean political ideology either. I once had an appeal case where the cops invaded my client's home without a warrant, then tried to cover it up by saying welfare check because my client, standing in the kitchen cooking, was ignoring them so they (literally) broke in through the sliding glass door to verify that he was ok. And then proceeded to drag him physically outside where they questioned him about a misdemeanor DUI without reading him his Rights. Case law is clear, misdemeanors don't fall under the felony warrant exception from the 4A and especially not when the basis for the warrantless entry is pretextual. Court didn't care. Why? Because the ideology is to put/keep people in jail and the law be damned. Yeah, that really happened. It also makes you understand why 2A cases are so hard to win.
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Some random thoughts: Somebody's gotta be the mole so it might as well be me. Seems to be working so far. Evil doesn't only come in black. Life is like a discount bakery. Usually everything is just what you ordered. But, occasionally you come face to face with an unexpected fruitcake. Surprise! My Utubery |
#2137
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I guess California requested action by June 18th. |
#2139
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If the panel doesn't meet then there can be no ruling, so one of the theories out there is that the 18th would be the last time the panel can meet (according to their published schedule) before July 4th. |
#2142
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Even the Ninth wants to be respected and not pushed obviously into politics. Think John Robert’s style. |
#2143
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I'm very skeptical of this claim. Sidney Thomas et al have shown they're more than happy doing exactly what the DoJ wants them to do.
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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." - Kamala Harris Lawyers and their Stockholm Syndrome |
#2144
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NRA Benefactor CRPA Life Member GOA Member |
#2145
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Looks like the 21st will be the new 18th.
https://www.ca9.uscourts.gov/content...2021%2C%202021. Last edited by Bruce3; 06-17-2021 at 9:11 PM.. |
#2146
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__________________
NRA Benefactor CRPA Life Member GOA Member |
#2147
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#2148
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"Waffe" does translate as "weapon", but only generally. Luftwaffe is literal German for "Air Weapon", not "air rifle". Colloquially, luftwaffe is German for air force. It is a general term...anything from the planes to the trucks to the runways, if it's involved with the German Air Force, it's part of the Luftwaffe. And before anyone gets too wrapped around the axle on it, I was attacking the fact that he said it was a literal translation of the word. It is not. "SturmGewehr" was a moniker given by Hitler to one firearm which actually had another name. Assault Weapon was an English descriptor given to a basic class of firearm, but which really should be Assault Rifle for accuracy. Even if I don't like the term "assault"
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--Magazines for Sig Sauer P6 --Walther P-38. Prefer Pre 1945 --Luger P08 Last edited by Supersapper; 06-17-2021 at 9:57 PM.. |
#2149
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The States demand of June 18th has come and gone with no action.
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#2150
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Don't worry, I'm sure someone in the 9th knows how to backdate an entry into the docket.
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Some random thoughts: Somebody's gotta be the mole so it might as well be me. Seems to be working so far. Evil doesn't only come in black. Life is like a discount bakery. Usually everything is just what you ordered. But, occasionally you come face to face with an unexpected fruitcake. Surprise! My Utubery |
#2151
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Today's "deadline" was an arbitrary date that DOJ is trying to bully the court into issuing a stay by.
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Settle down, folks. The new "ghost gun" regulations probably don't do what you think they do. |
#2152
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#2153
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Is there a time of day that no further work is done in the courts? It's now past 5pm. Haven't seen anything yet..
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Subscribe to my YouTube channel ---->http://www.youtube.com/user/2A4USA |
#2154
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Nope! Judges are on call. See the Rhode v Becerra administrative stay.
When the day ends we'll know if they decided to do anything or not. I mean, for a 3-judge stay pending appeal you'll probably see it between 9-5 or whatever. But a 2-judge administrative/temporary stay or something to prevent "irreparable harm" while they consider the merits of the stay request you could see at any hour of the day. Last edited by BeAuMaN; 06-18-2021 at 4:42 PM.. |
#2155
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#2156
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What’s interesting is the AG’s use of the word ‘theoretical’ when describing the use of AR-15s for self defense … when there are mountains of empirical data of AR-15s being used by millions of people, and among them numerous documented cases of AR-15s being used for home defense, or used in the defense of others (remember that church shooting a few years back where a guy got his AR out of his truck and shot the murderer?). That’s not ‘theoretical’. It’s empiricism. But we know the long string of CA’s AG’s aren’t interested in facts. They just keep promoting a narrative, hoping that liberal judges on the 9th will echo them, then ‘defer’ to the legislature.
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#2157
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I’m wondering if Bonta and Gavin flaming a sitting judge in a press conference pissed off the judges in the 9th. Even though they may differ in regards to some issues, I’m sure most judges don’t appreciate a fellow judge being lambasted in the media by a governor and AG.
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#2158
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Bonta has an excuse, at least. Crapping all over his subjects' rights is, after all, his job.
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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." - Kamala Harris Lawyers and their Stockholm Syndrome Last edited by curtisfong; 06-18-2021 at 7:43 PM.. |
#2159
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Too many, it’s just a job. They don’t always live for work. You’re perception of life might be a little out of touch. I know several judges that agree with me. |
#2160
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Does this mean Freedom Week 2 is likely and we'll hit July 4th before any action such as a stay can be taken? |
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