|
2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel. |
|
Thread Tools | Display Modes |
#121
|
||||
|
||||
Hopefully we get some news today. I could not find out where the hearing was located other than it is in courtroom 10A at 10:30am as listed on the Giffords court doc.
__________________
Quote:
Quote:
|
#123
|
||||
|
||||
So.... no news?
|
#125
|
|||
|
|||
Maybe she sees they way the wind is blowing in scotus with nysrpa and trying to find a way not to piss into it.
|
#128
|
|||
|
|||
I don't see how that would work. Just about any rifle could be made featureless. So you could buy it now. The only thing you can't buy are pistols that are also AWs but this wouldn't over turn the roster.
So we are talking about roster exempt assult weapon pistols. Not likely to see a freedom week. |
#129
|
|||
|
|||
According to this, the last update (from 5/31) is:
Quote:
|
#130
|
||||
|
||||
Here I was hoping for info....... and nothing yet. I thought for sure this would have been updated by now.
__________________
Quote:
Quote:
|
#131
|
||||
|
||||
Quote:
That way she can get this one out of her courtroom without actually ruling on it. Status Quo, here we come. |
#132
|
|||
|
|||
Quote:
Quote:
|
#133
|
|||
|
|||
IANAL but my understanding is, she should rule according to 9th circuit precedents, in other words, she should uphold the ban. If district judges could make their own interpretations of issues that are already decided at higher levels, it would be total chaos. No one would know what a law means. Lawyers, correct me if I'm wrong in this.
Sure would be cool if we could get things done by finding one individual district judge to do it. I know that on immigration, they'll find some hate-filled judge in Hawaii, who wishes the US had no sovereignty, and get him to suspend some aspect of US immigration law and it applies nation-wide, but somehow that only works for liberals. Would be awesome if we could find a district judge in Idaho who would suspend the Hughes Amendment for a couple of months.
__________________
"Weakness is provocative." Senator Tom Cotton, president in 2024 Victoria "Tori" Rose Smith's life mattered. |
#134
|
||||
|
||||
Status Update
A hearing on both parties' summary judgment motions was held on Friday.
The Court took the matter under submission without ruling. So the Court will next either: (1) grant one of the summary judgment motions (in which case the losing party will almost certainly appeal to the Ninth Circuit); or (2) deny both motions (in which case we continue to trial before this Court). The Court could also request additional briefing or hearings before deciding. But, even if it does that, ultimately the two options above are all that remain. Before anyone asks, no, I do not have any idea how long the Court will take to issue a ruling. |
#135
|
||||
|
||||
Thanks for that update. Is the hearing something that might be viewable/listenable online somewhere? If not not, do you think it went "well" in your opinion (as in, did the judge seem receptive, or hostile?) I understand if you don't want to opine on that right now, but thought I'd ask anyways. Thanks!
__________________
Settle down, folks. The new "ghost gun" regulations probably don't do what you think they do. |
#136
|
||||
|
||||
Not to my knowledge.
I will refrain from opining on how things went. It should be understood, however, that this case is far from over, no matter what the lower court rules. Either side will appeal. And, even if we were to prevail, I highly doubt there would be an "AW Freedom Week" because the State expressly asked the Court to stay any ruling in the Plaintiffs' favor. The Court, having see what happened in Duncan, would likely do just that. |
#137
|
|||
|
|||
Quote:
|
#138
|
||||
|
||||
Quote:
__________________
|
#139
|
||||
|
||||
order came out
https://www.scribd.com/document/4194...Rupp-MSJ-Order
__________________
“We are twice armed if we fight with faith.” ― Plato Last edited by wolfwood; 07-23-2019 at 2:51 AM.. |
#140
|
|||
|
|||
That is some sweet ninth circus gymnastics there. "Oh well the features that make a gun an assault weapon might all be BS but together they aren't" what kinda crap is that. No feature of assault weapons is more dangerous yet together somehow they increase danger. Yet no one has shown how any of these features work together, so to change the law we have to make up the other side's argument then defeat it.
I sure hope NYC rifle pistol gives us a new test. |
#141
|
||||
|
||||
Wow. Among other things, the 9th says there is no substantial difference between a m16 and an ar15. Last time I checked, the m16 is a select fire machine gun, while its illegal to make an ar15 into one. Maybe I'm just dense, but to me that's a huge difference
__________________
California, the once-great first world state that is now a corrupt third world socialist cesspool. |
#142
|
|||
|
|||
They referenced the relative little difference in the amount of time it takes to empty a 30 round mag and seemed to have evidence that even in semi-auto mode, the M16 and AR15 have a rate of fire of 4-500 rounds per minute. I wonder where they got that info?
|
#143
|
||||
|
||||
Quote:
__________________
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 |
#146
|
||||
|
||||
Well, that isn't good.
__________________
^^^The above is just an opinion. NRA Patron Member CRPA 5 yr Member "...which from their verbosity, their endless tautologies, their involutions of case within case, and parenthesis within parenthesis, and their multiplied efforts at certainty by saids and aforesaids, by ors and by ands, to make them more plain, do really render them more perplexed and incomprehensible, not only to common readers, but to lawyers themselves. " - Thomas Jefferson |
#147
|
|||
|
|||
Read the order that wolfwood posted. The district court discusses the 2 step test the 9th circuit has been employing.
__________________
I am not your lawyer. I am not providing legal advice. I am commenting on an internet forum. Should you need or want legal advice, please consult an attorney. |
#148
|
||||
|
||||
Herein lies the problem. The Second Amendment is supposed to protect military weapons, not just less dangerous versions, or firearms in common use. These compromises dilute the power of the individual as we are always begging the courts to allow us permission to possess some stripped down version of that which is lawful per the Second Amendment. So we go on defense and argue with the anti-gunners as to what constitutes an "assault weapon", as surely AR-15's are not, while we actually have the right to keep and bear true assault weapons anyway.
|
#149
|
|||
|
|||
Thats 6.6 to 8.3 trigger pulls per second. I dont even think thats possible even without magazine swaps. Jerry Miculek only shoots 5 a second.
|
#155
|
|||
|
|||
This was pretty disgusting to read. A lot of questionable arguments, frequent jumping between "assault weapon" and "semiautomatic weapon" (could be a handgun in that case), many citations from groups like the Brady Campaign and Everytown along with their sketchy misinformation tactics. They really don't significantly address the argument of *why* the list of features is so effective they need to be banned other than claiming pistol grips let you control the gun better and reload faster (without explanation).
They make the argument that semi-automatic rifles are basically the same as fully automatic rifles and are therefore not covered by Heller. They argue that rifles aren't for home defense because only 30% of people buying them are buying them for home defense, vs 59.5% for handguns. 30% sounds significant to me. And here is a nice gem: Quote:
|
#156
|
|||
|
|||
Okay so now the argument is that semi-automatics aren't common....this should be infinitely easier to win now...
__________________
For you to believe globalization can continue, you have to believe it doesn't require increased consumption and that the Americans will continue to bleed and die so that the Chinese can access energy. - Peter Zeihan |
#157
|
|||
|
|||
This judge argued that they are not commonly used for the "core" purpose of the second amendment, which she says is home defense according to Heller. Therefore anything not used for home defense can be banned.
Since she argues rifles aren't good for home defense because they are less maneuverable doesn't that make the argument that short barreled rifles should be legal? Though she also makes the argument that as long as you have access to "a" gun it doesn't matter if they ban guns that are more effective. |
#158
|
||||
|
||||
Quote:
By that argument, they don't want safe guns. So when do we see the "not unsafe" handgun roster discarded? |
#159
|
|||||
|
|||||
https://news.guns.com/wp-content/upl...ng-7222019.pdf
Here is the ruling and my "not-a-lawyer" analysis: Error in logic IMO page 9: Quote:
Quote:
Error in fact on page 19: Quote:
page 22 Quote:
Quote:
__________________
"Bruen, the Bruen opinion, I believe, discarded the intermediate scrutiny test that I also thought was not very useful; and has, instead, replaced it with a text history and tradition test." Judge Benitez 12-12-2022 NRA Endowment Life Member, CRPA Life Member GLOCK (Gen 1-5, G42/43), Colt AR15/M16/M4, Sig P320, Sig P365, Beretta 90 series, Remington 870, HK UMP Factory Armorer Remington Nylon, 1911, HK, Ruger, Hudson H9 Armorer, just for fun! I instruct it if you shoot it. |
#160
|
||||
|
||||
Quote:
Maybe cars would be safer with seats that didn't adjust? The whole deal is like some sort of Greek Tragedy..
__________________
“People believed that the opposite of war is peace. The truth is that the opposite of war is more often slavery” - Battlestar Galactica Member: Patron member NRA, lifetime member SAF, CRPA |
Thread Tools | |
Display Modes | |
|
|