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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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  #1  
Old 06-28-2018, 12:17 PM
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Default California high court tosses suit over bullet stamping law

https://www.ctpost.com/news/article/...t-13034577.php

Quote:
The court ruled unanimously that gun rights groups could not overturn the law on the grounds that complying with it was impossible. The groups argued that technology did not exist to meet the stamping requirements, and a law couldn't mandate something that was not possible.

Writing for six of the justices, Associate Justice Goodwin Liu said impossibility can sometimes lead courts to excuse a failure to comply with a law, but it can't be the basis for invalidating it. The ruling overturned a lower court ruling that allowed the suit to move forward.
As illogical as Liu's statement is, did anyone really think that the Commiefornia Supreme Court would overturn this absurd law? The Commiefornia Supreme Court is nothing more than Democrat party operatives wearing robes.
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Old 06-28-2018, 12:24 PM
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More twisted logic designed to support the Democrats agenda.
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Old 06-28-2018, 12:32 PM
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I hate libtards. Damn genocidal commies - all of them.
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Old 06-28-2018, 12:34 PM
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Yup, makes perfect sense.
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Old 06-28-2018, 12:34 PM
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Oh the shock !


.
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Old 06-28-2018, 12:37 PM
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This is them retaliating for the butt hurt they've been getting. They haven't seen nothing yet. When the new conservative justice takes office, all their illegal laws will come crumbling down.
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Old 06-28-2018, 12:38 PM
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"impossibility [...] can't be the basis for invalidating it". You have GOT to be kidding me, is this SERIOUSLY their rationale here?? Speechless.
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Old 06-28-2018, 12:39 PM
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...sadly you can't fix stupid
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Old 06-28-2018, 12:40 PM
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The face of a communist judge of Kalifornia: Goodwin Liu

Don't make the USA into your god-damn mother country
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Old 06-28-2018, 12:46 PM
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Quote:
Originally Posted by 4GLOCK30 View Post
...sadly you can't fix stupid
yeap, hard to fix stupid

Impossible isn't an excuse.
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Old 06-28-2018, 1:02 PM
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Now they can get started writing new impossible laws


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Old 06-28-2018, 1:05 PM
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I stand by my previous statement that the BAR exam has to got to be the easiest test on the planet.
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Old 06-28-2018, 1:06 PM
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Looking forward to an appeal onward to a more "common sense" court.
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Old 06-28-2018, 1:07 PM
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They're all communists. They hate you. They'll disarm you. I wouldn't let them.
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Old 06-28-2018, 1:22 PM
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Just get all these cases locked and loaded in the federal courts for when Trump's new appointee to the SCOTUS takes his/her seat. Even better if RBG's seat opens up. If that happens we can't even lose to random variance.
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Old 06-28-2018, 1:32 PM
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Unless I'm mistaken, there isn't one. Its a Cal law, the Cal Supreme Court is the last stop.

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Originally Posted by Sousuke View Post
Looking forward to an appeal onward to a more "common sense" court.
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Old 06-28-2018, 1:33 PM
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Make you miss the legal honesty of.......

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Old 06-28-2018, 1:52 PM
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I haven't read the entirety of the decision, so I'll reserve further comment, but on some level, I understand the quoted excerpt from the opinion - that the current impossibility of compliance cannot be the sole basis for the wholesale invalidation of a law. The argument goes, the judiciary should not deprive the People of a purportedly valid exercise of the legislative power when the technological means for compliance eventually becomes available.

What the other part of Liu's statement (a failure to comply with an impossibility allows courts to excuse non-compliance) fails to recognize, is that because of other restrictions, non-compliance of the microstamping requirement is practically impossible without running afoul of other laws. Unless an FFL is willing to complete a transfer without a successfully transacted DROS, there would be no way to transfer an off-roster gun. Furthermore, because the roster of approved handguns is solely and exclusively controlled by the California DOJ, it's not like a manufacturer of a non-microstamping pistol can get it onto the roster.

As much as I wouldn't want this case to hinge solely on the Second Amendment issue, maybe that's our only shot to get this invalidated - dwindle the roster down to so few available handguns that it effectively becomes a ban in violation of the Second Amendment.

ETA: Here's a copy of the opinion: http://www.courts.ca.gov/opinions/documents/S239397.PDF
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Last edited by SamsDX; 06-28-2018 at 2:00 PM.. Reason: Added link to opinion
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Old 06-28-2018, 1:59 PM
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I don't know, this seems like it could be good for us.

impossibility won't invalidate the law, but it will excuse compliance.

so if the manufacturers don't have to comply until it is no longer impossible, then their guns should be allowed to apply for the roster without that requirement until that technology is possible.

I believe if manufactures complied with every other requirements for roster certification, apply for certification, and are denied, they have a right to sue and get the firearm certified due to impossibility of compliance. or the DOJ cannot enforce it and would have to approve it without any micro stamping features.

my guess is the first manufacture will try this and get denied, and win in court citing this case. then the doj won't enforce it for any future applications for certification until micro stamping is possible.

Last edited by caliguy93; 06-28-2018 at 2:16 PM..
  #20  
Old 06-28-2018, 2:15 PM
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Quote:
Originally Posted by caliguy93 View Post
so if the manufacturers don't have to comply until it is no longer impossible, then their guns should be allowed to apply for the roster without that requirement until that technology is possible.
They can apply to be put onto the roster all day long, day after day, but that doesn't mean the DOJ is going to excuse it and allow a handgun without microstamping onto the roster.

And therein lies the problem - impossible to comply with, and impossible to not comply and still sell what the seller wants to sell and the buyer wants to buy.
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Gavin Newsom is a lying, cheating slickster and will be is the worst mistake California has ever made if he gets now that he has been elected Governor. Hollywood movie producers look to him and his oleaginous persona as a model for the corrupt "bad guy" politician character. This guy is so greasy, he could lubricate an entire arsenal of AR-15s just by breathing on them.
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Old 06-28-2018, 2:20 PM
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Default THE..... RED TSUNAMI !!!!!!!!!!!!!

Standby folks The BEST is YET to come....... May OUR..... GOD..... BLESS the Donald.... And OBVIOUSLY..... PROTECT his buttt,,,, He and HIS !!!!! May OUR..... GOD..... Bless.... THE USA..... Comprende ? PERIOD !
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Old 06-28-2018, 2:30 PM
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it is possible to stamp the the bullet, the question is how much it will cost.
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Old 06-28-2018, 2:57 PM
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Why not at least seek an injunction against the CA AG's determination that the currently impossible (from a commercially reasonable perspective) microstamping provision would take effect starting 5/17/2013?
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Old 06-28-2018, 3:29 PM
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It's California, we don't let reality stand in the way...
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Old 06-28-2018, 3:39 PM
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Litigation, so moved.

Dupe - http://www.calguns.net/calgunforum/s....php?t=1066800 - so closed.
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