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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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  #241  
Old 08-08-2020, 12:45 PM
aBrowningfan aBrowningfan is offline
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Originally Posted by FirearmFino View Post
That has recently changed to $30, but if you go over that, you have to pay the full amount.
Download a few briefs, and you are over even the $30 threshold. Probably should move briefs to a pdf server with unlimited downloads, like what is done for published decisions.
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  #242  
Old 08-08-2020, 5:37 PM
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Originally Posted by readinglist View Post
Because litigation takes so long to get a final decision, it makes sense to keep cases in the pipeline against the day that there is a more favorable population of judges.
It doesn’t make sense because all you do is build unfavorable precedence against our side. The best we can hope for is a favorable 9th circuit ruling by Benitez, which will be overturned en banc and then denied by SCOTUS. Our lawsuits do as much for the anti side as their laws.
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  #243  
Old 08-08-2020, 9:22 PM
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There have been some shifts in the 9th, and all it takes is ONE "win" to start to turn the tide. Not that it looks terribly promising, but one can hope.
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  #244  
Old 08-10-2020, 10:10 PM
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Hope for the best...and seriously prepare for the worst. As in THE WORST.
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  #245  
Old 08-11-2020, 7:57 PM
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Originally Posted by johnireland View Post
Hope for the best...and seriously prepare for the worst. As in THE WORST.
How is a loss THE WORST? For those who have registered AWs, they can still lawfully possess their registered AWs. Personally, I would like to add to my collection of AWs, but a loss is not going to force me to surrender my registered AWs. Now THAT (forced surrender of registered AWs) would be THE WORST.
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  #246  
Old 09-16-2020, 12:17 PM
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Just got a note that the next "thing" in this case is October 8th:

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The Court has set our date for oral argument on the appeal case for October 8, 2020 at 1 p.m. and it will be by remote means. We do not have all the information regarding the remote appearance for oral argument yet, but we will let you know if you would be able to watch online.
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  #247  
Old 09-17-2020, 7:29 PM
OverturnWickard OverturnWickard is offline
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Assuming there are at least 2 active judges on the panel, there is approximately a 16% chance we draw a favorable panel. Duncan really was something of a miracle.
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  #248  
Old 09-17-2020, 8:48 PM
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Originally Posted by OverturnWickard View Post
Assuming there are at least 2 active judges on the panel, there is approximately a 16% chance we draw a favorable panel. Duncan really was something of a miracle.
Where do you get 16% from?

Considering the current 16:13 Democrat majority, the odds of getting any one of the 4 different possible panel compositions are:
3D:0R - 15.33%
2D:1R - 42.69%
1D:2R - 34.15%
0D:3R - 7.83%

So the odds of a Republican majority are (7.83% + 34.15%) = 41.98%

With those odds, I'm not sure if I'd call it "something of a miracle." Was it less likely than getting a Democrat majority panel? Sure, but not by much.

And the more cases that go to the 9th, the higher the chances of getting a favorable panel in at least one of them:
1 case: 42% odds
2 cases: 67% odds
3 cases: 81% odds
4 cases: 89% odds
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Last edited by CandG; 09-17-2020 at 9:24 PM..
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  #249  
Old 09-28-2020, 4:31 AM
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Before: HURWITZ, BRESS, and BUMATAY, Circuit Judges
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  #250  
Old 09-28-2020, 4:59 AM
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Andrew D. Hurwitz,73,Obama
Daniel Aaron Bress,41,Trump
Patrick J. Bumatay,42,Trump

It's not a bad pick.

Last edited by abinsinia; 09-28-2020 at 5:05 AM..
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  #251  
Old 09-28-2020, 7:40 AM
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Originally Posted by abinsinia View Post
Andrew D. Hurwitz,73,Obama
Daniel Aaron Bress,41,Trump
Patrick J. Bumatay,42,Trump

It's not a bad pick.
Woohoo! Things are looking up this year
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  #252  
Old 09-28-2020, 8:20 AM
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Originally Posted by abinsinia View Post
Andrew D. Hurwitz,73,Obama
Daniel Aaron Bress,41,Trump
Patrick J. Bumatay,42,Trump

It's not a bad pick.
Wow that's amazing. And Trump judges seem to be better than Bush judges for example.

And notice, there are quite a few old or very old Democratic judges in the 9th. If Trump has a second term he's going to replace several more and the 9th will then lean conservative and we will win cases.
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  #253  
Old 09-28-2020, 9:55 AM
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Originally Posted by CCWFacts View Post
Wow that's amazing. And Trump judges seem to be better than Bush judges for example.

And notice, there are quite a few old or very old Democratic judges in the 9th. If Trump has a second term he's going to replace several more and the 9th will then lean conservative and we will win cases.
Bush judges are very iffy. Back then, it wasn't a complete war like it is now. Bush would sometimes appoint a RINO judge just to get some cooperation with a Senator in a democrat state like NY or CA on a piece of legislation. Republicans weren't paying attention back then, and it shows.

There are enough older judges that if we get really lucky, and they pretty much all retire, we could hold a small majority, but in "name" only for the reason mentioned above.

Even among the younger judges and the Trump appointees there are issues:
Trump was forced to appoint Bennett because it was Hawaii's turn, and Bennett is a total anti, so when you look at who appointed which judge, keep in mind that doesn't tell nearly enough of the story. Even if we're lucky enough to get another Trump term with plenty of D-appointee retirements, no single President can fix all of the failures of decades of scumbag democrats and asleep-at-the-wheel, too-busy-stuffing-their-own-pockets republicans.
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  #254  
Old 09-28-2020, 10:02 AM
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Originally Posted by CCWFacts View Post
Wow that's amazing. And Trump judges seem to be better than Bush judges for example.



And notice, there are quite a few old or very old Democratic judges in the 9th. If Trump has a second term he's going to replace several more and the 9th will then lean conservative and we will win cases.
So what are the chances we get strict scrutiny here. Making Duncan an even higher him to climb.
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  #255  
Old 09-28-2020, 1:25 PM
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Do we know who will be presenting for our side on 10/8 yet? Not sure if that’s usually announced ahead of time.
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  #256  
Old 09-28-2020, 3:08 PM
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It covers these sections of penal code,

30510(a) (list of assault weapons by make and model);
30515(a)(1)(A-C) and (E-F) (defining the additional features which, in combination with a non-fixed magazine, render a weapon an “assault weapon”);
30515(a)(3) (defining as an assault rifle any semiautomatic, centerfire rifle that has an overall length of less than 30 inches);
30520 (“duties of Attorney General,” allowing the California Attorney General to designate and/or describe weapons);
30600 (prohibiting the manufacture, distribution, transportation, importation, sale, gift, or loan of assault weapons);
30605 (penalties for possession);
30925 (required actions for those bringing an assault weapon into the state);
30945 (conditions for possessing a registered assault weapon)

Looks like there is overlap with Miller.
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  #257  
Old 09-28-2020, 8:18 PM
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Quote:
Originally Posted by OverturnWickard View Post
Assuming there are at least 2 active judges on the panel, there is approximately a 16% chance we draw a favorable panel.
Buy lottery tickets...

Quote:
Originally Posted by abinsinia View Post
Andrew D. Hurwitz,73,Obama
Daniel Aaron Bress,41,Trump
Patrick J. Bumatay,42,Trump
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  #258  
Old 09-29-2020, 9:01 AM
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Originally Posted by ar15barrels View Post
Buy lottery tickets...
It's almost like we actually had a 42% chance
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We should start a new gun rights organization and call it Babies Shouldn't Do Cocaine.
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  #259  
Old 09-29-2020, 12:16 PM
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Originally Posted by abinsinia View Post
It covers these sections of penal code,

30510(a) (list of assault weapons by make and model);
30515(a)(1)(A-C) and (E-F) (defining the additional features which, in combination with a non-fixed magazine, render a weapon an “assault weapon”);
30515(a)(3) (defining as an assault rifle any semiautomatic, centerfire rifle that has an overall length of less than 30 inches);
30520 (“duties of Attorney General,” allowing the California Attorney General to designate and/or describe weapons);
30600 (prohibiting the manufacture, distribution, transportation, importation, sale, gift, or loan of assault weapons);
30605 (penalties for possession);
30925 (required actions for those bringing an assault weapon into the state);
30945 (conditions for possessing a registered assault weapon)

Looks like there is overlap with Miller.
Miller and Rupp difference discussed here, from yesterday:

http://www.youtube.com/watch?v=4ZEaVfHLkog
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  #260  
Old 09-29-2020, 3:27 PM
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One guy's take on the case:

https://www.youtube.com/watch?v=4ZEa...tsjzCZ5xzIW1Zk
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Originally Posted by tony270 View Post
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  #261  
Old 09-29-2020, 3:39 PM
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Originally Posted by Steve1968LS2 View Post
Some day your name might be as commonplace in the 2A world as Heller
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We should start a new gun rights organization and call it Babies Shouldn't Do Cocaine.
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  #262  
Old 09-30-2020, 5:13 AM
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Originally Posted by CandG View Post
Some day your name might be as commonplace in the 2A world as Heller
lol... there are a ton of cases out there.. I'm happy when we win any of them. And I'm nothing special, there are a half dozen on the case as plaintiffs.. I'm just the pithy name they chose for the official title.

But I do consider it an honor. I feel good about October 8 even though a win will just send it back to start over again. It's such a long process.
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Quote:
Originally Posted by tony270 View Post
It's easy to be a keyboard warrior, you would melt like wax in front of me, you wouldn't be able to move your lips.
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  #263  
Old 09-30-2020, 9:03 AM
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Have there been any other AWB cases regarding features in CA or is this effectively the first one?
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  #264  
Old 09-30-2020, 12:42 PM
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Have there been any other AWB cases regarding features in CA or is this effectively the first one?
Yeah, there is another one called Miller and Benitez (from magazine case) is hearing it.
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