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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  
Old 08-17-2017, 12:44 PM
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Quote:
Originally Posted by cockedandglocked View Post
The odds are exactly 4.5 out of 9 (50%) unless Ruth Bader Ginsburg croaks before then, at which point the odds would become 100%.



Approximately 3% to 5% of circuit court of appeals cases are granted en banc review. However, in the 9th circuit, when it's a 2a case, the odds are 100%.
The odds of ANY case being granted cert is less than 1%. Second, it only takes four votes to grant cert. Peruta got two. As long as the sides are evenly split 4-4 with an unhappy wobbler as the deciding vote, don't count on any case getting cert until that makeup of the court changes. It is "political"; both sides want to win and neither side wants to gamble on being on the losing side.
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  #2122  
Old 08-17-2017, 12:52 PM
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Originally Posted by AdamVIP View Post
How old is Mr. Pena? Are they waiting for him to pass so they can drop the case due to lack of plaintiff?
57 And healthy
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  #2123  
Old 08-17-2017, 1:28 PM
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57 And healthy
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  #2124  
Old 08-17-2017, 3:10 PM
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It's more like Ivanimal IS Pena

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I guess it would make sense he is a member of this board. With Peruta shot down this is in my opinion the next highest ranking for cases that affect me.
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  #2125  
Old 08-17-2017, 3:21 PM
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It's more like Ivanimal IS Pena






.
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  #2126  
Old 08-17-2017, 5:23 PM
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It's more like Ivanimal IS Pena




Quote:
Originally Posted by cockedandglocked View Post





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  #2127  
Old 09-13-2017, 3:56 PM
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Is the a site that shows all of the cases before the 9th? I cant seem to find anything online and I'm interested to see how this deliberation time stacks up to the other cases in court limbo.

Last edited by AdamVIP; 09-13-2017 at 4:06 PM..
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  #2128  
Old 09-13-2017, 4:09 PM
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Originally Posted by AdamVIP View Post
Is the a site that shows all of the cases before the 9th? I cant seem to find anything online and I'm interested to see how this deliberation time stacks up to the other cases in court limbo.
https://www.ca9.uscourts.gov/

Not really a list available.

US Circuit Courts of Appeal have no deadlines; they work on what they want, when they want.

The 9th also seems sometimes to Make Stuff Up in their opinions.
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  #2129  
Old 09-13-2017, 5:17 PM
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US Circuit Courts of Appeal have no deadlines; they work on what they want, when they want.

The 9th also seems sometimes to Make Stuff Up in their opinions.
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US Circuit Courts of Appeal have no deadlines; they work on what they want, when they want. The 9th also seems sometimes to Make Stuff Up in their opinions.
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  #2130  
Old 09-13-2017, 5:47 PM
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My guess is that they are taking a long time because they are going to over turn the roster .. They need the extra time so they can really speak to SCOTUS on why this kind of infringement is unacceptable.
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  #2131  
Old 09-14-2017, 2:19 PM
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Does it work that way or do they (9th) just make up stuff?

We are about 6 months after the oral arguments were made and watching the arguments again today our side definitely presented a stronger case.

I hope we get a conclusion soon.

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My guess is that they are taking a long time because they are going to over turn the roster .. They need the extra time so they can really speak to SCOTUS on why this kind of infringement is unacceptable.
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  #2132  
Old 09-22-2017, 1:08 PM
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Originally Posted by JackRydden224 View Post
Does it work that way or do they (9th) just make up stuff?

We are about 6 months after the oral arguments were made and watching the arguments again today our side definitely presented a stronger case.

I hope we get a conclusion soon.
I guess we will see, hopefully if they make stuff up it's pro-gun stuff. The judges were two conservatives to one liberal, according to a site I looked at.

Of course, a win on this one doesn't mean much they just go En Banc, and bingo win erased.
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  #2133  
Old 09-22-2017, 1:36 PM
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How long do we have to keep waiting?
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  #2134  
Old 09-22-2017, 1:51 PM
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Originally Posted by foleys View Post
How long do we have to keep waiting?
Just two more weeks
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  #2135  
Old 09-22-2017, 2:12 PM
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I hope they overturn the roster....I'll be happy but my wife may not be since I'll be spending some money....Now just get rid of the 10 day wait period for previous CA gun purchasers
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  #2136  
Old 09-23-2017, 1:52 PM
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Originally Posted by abinsinia View Post
I guess we will see, hopefully if they make stuff up it's pro-gun stuff. The judges were two conservatives to one liberal, according to a site I looked at.

Of course, a win on this one doesn't mean much they just go En Banc, and bingo win erased.
Unfortunately, that does seem to be the new normal for 2A cases at CA9.
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  #2137  
Old 09-23-2017, 1:56 PM
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Quote:
Originally Posted by JackRydden224 View Post
It's more like Ivanimal IS Pena
You never see them anywhere at the same time.
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  #2138  
Old 09-28-2017, 8:28 AM
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Do these guys know something we don't?
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  #2139  
Old 09-28-2017, 8:32 AM
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Do these guys know something we don't?
I have no idea where they got their "understanding", I haven't heard anything.
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  #2140  
Old 09-28-2017, 8:35 AM
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Originally Posted by scifigunner View Post
I have no idea where they got their "understanding", I haven't heard anything.
If microstamping was tossed, you'd know it because the entire forum would be filled with threads titled "HOLY CRAP MICROSTAMPING GOT TOSSED!!!"

Also, the phrase "it is our understanding that..." doesn't exactly exude confidence in what they're about to say after that. It's the calguns equivalent of "IMO, and IANAL, but IIRC I heard someone at an LGS say ... FWIW, YMMV"

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  #2141  
Old 09-28-2017, 8:35 AM
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Originally Posted by scifigunner View Post
I have no idea where they got their "understanding", I haven't heard anything.
I may be spreading FUD ( I hope not) I had heard that New York and Massachusetts threw out the micro stamping after they figured out that it wouldn't help them solve crimes in which they didn't already have other evidence that already lead them to the suspect.
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  #2142  
Old 09-28-2017, 8:42 AM
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I may be spreading FUD ( I hope not) I had heard that New York and Massachusetts threw out the micro stamping after they figured out that it wouldn't help them solve crimes in which they didn't already have other evidence that already lead them to the suspect.
Other states have tried, or toyed with the idea, but none have actually ever implemented such a requirement except for CA.
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  #2143  
Old 09-28-2017, 11:34 AM
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I may be spreading FUD ( I hope not) I had heard that New York and Massachusetts threw out the micro stamping after they figured out that it wouldn't help them solve crimes in which they didn't already have other evidence that already lead them to the suspect.
New York and Maryland both had ballistic fingerprinting laws starting in 2000 requiring guns sold to submit a fired shell casing to the state to be photographed and archived. These programs were cancelled in 2012 and 2015 respectively.

Washington DC has had a microstamping requirement on the books (District of Columbia Code Section 7-2504.08 (b)) for several years but they've punted the implementation date a few times. Currently it takes effect 1 Jan 2018.
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  #2144  
Old 09-28-2017, 3:13 PM
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Originally Posted by foleys View Post
How long do we have to keep waiting?
Until the California Supreme Court decides the NSSF v. Becerra microstamping challenge. The NSSF case will be binding on the Ninth, since the issue arises almost entirely under state law. The NSSF case is still in the briefing stage, and will not likely be argued before next year.
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  #2145  
Old 09-29-2017, 12:41 PM
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Originally Posted by Burbur View Post



Do these guys know something we don't?
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  #2146  
Old 09-29-2017, 1:27 PM
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I'm just wondering why we haven't seen an update in almost 2 years?

This link as reference:

https://www.calgunsfoundation.org/pena
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  #2147  
Old 09-29-2017, 2:02 PM
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Quote:
Originally Posted by gryffinwings View Post
I'm just wondering why we haven't seen an update in almost 2 years?

This link as reference:

https://www.calgunsfoundation.org/pena
Quote:
Originally Posted by Codez View Post
Worth watching to be informed. This morning's arguments can be found on Youtube here - https://www.youtube.com/watch?v=ik6aPgUFA-M

Scroll forward to 1:07. The Pena caption will show in the lower right box.

I'm cautiously optimistic. It was a good hearing and I think the judges understood the issues.

Hope this helps.
March of 2017 is not two years from September of 2017. Why CGF has not updated should be addressed to them directly.
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The details only count after the Governor signs the bills.

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  #2148  
Old 09-29-2017, 2:38 PM
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Quote:
Originally Posted by Librarian View Post
March of 2017 is not two years from September of 2017. Why CGF has not updated should be addressed to them directly.
Thanks for the info.
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  #2149  
Old 09-29-2017, 7:25 PM
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My guess is we'll have a decision sometime between 2018 Jan 01 and Sept 01.

But my main concern is that we win killing the roster before we win "carry." I don't want us all ordering S&W J-frames to CCW at the same time because that's the only thing on the roster!
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  #2150  
Old 09-30-2017, 6:01 PM
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Originally Posted by Librarian View Post
March of 2017 is not two years from September of 2017. Why CGF has not updated should be addressed to them directly.
I just realized that this video is unavailable on youtube :/
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  #2151  
Old 10-01-2017, 7:26 PM
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Perhaps they are anticipating microstamping getting tossed.

I know I'll be in line for a 357 Coonan, hopefully they'll send me a couple.
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