Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > POLITICS, LITIGATION AND ACTIVISM > 2nd Amend. Litigation Updates & Legal Discussion
Register FAQ Members List Calendar Mark Forums Read

2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel.

Reply
 
Thread Tools Display Modes
  #41  
Old 09-08-2017, 3:36 PM
AdamVIP AdamVIP is offline
Member
 
Join Date: Nov 2012
Posts: 286
iTrader: 3 / 100%
Default

Whats the turn around time for state cases like this. Are we looking at a year process or a 5 year process?
Reply With Quote
  #42  
Old 09-08-2017, 3:42 PM
cockedandglocked's Avatar
cockedandglocked cockedandglocked is offline
Not a mod or lawyer
CGN Contributor - Lifetime
 
Join Date: Apr 2014
Location: Near Excremento
Posts: 12,243
iTrader: 7 / 100%
Blog Entries: 1
Default

Quote:
Originally Posted by AdamVIP View Post
Whats the turn around time for state cases like this. Are we looking at a year process or a 5 year process?
According to this document I found, which outlines the Appeals process in the 5th, with estimated timelines, it looks like one should expect a typical appeal to take about 6-9 months from start to finish.

https://www.capcentral.org/procedure...STNDAppeal.pdf

But of course, some of the processes don't have deadlines, so it could always take infinitely longer than that.
Reply With Quote
  #43  
Old 09-08-2017, 3:53 PM
cockedandglocked's Avatar
cockedandglocked cockedandglocked is offline
Not a mod or lawyer
CGN Contributor - Lifetime
 
Join Date: Apr 2014
Location: Near Excremento
Posts: 12,243
iTrader: 7 / 100%
Blog Entries: 1
Default

According to that document, this is a "general outline" of "typical" appeals cases in the 5th. So it's of limited value, but gives us at least some idea of what happens:
  1. Preparation of transcripts - 1 to 6+ months
  2. Appellant's Opening Brief - 0 to 1 month (plus extensions, if requested/granted)
  3. Respondent's brief - 1 to 2 months
  4. Appellant's reply brief - 0 to 20 days
  5. Oral argument - 0 to any number of months ("usually a few", they say)
  6. Opinion - a few days to as much as 3 months

So according to that, it could be as short as 2 or 3 months, more likely it would be around 6-9 months, but it could be as long as, well... forever.
Reply With Quote
  #44  
Old 09-08-2017, 3:55 PM
cockedandglocked's Avatar
cockedandglocked cockedandglocked is offline
Not a mod or lawyer
CGN Contributor - Lifetime
 
Join Date: Apr 2014
Location: Near Excremento
Posts: 12,243
iTrader: 7 / 100%
Blog Entries: 1
Default

But of course, that's just the 5th CA court of appeals, there's still the district court before it, and the CA supreme court after it, so the whole thing could potentially take a number of years to finish.

But we've seen "more urgent matters", like gay wedding cakes, zoom through the court system in mere weeks, so you never know.

Last edited by cockedandglocked; 09-08-2017 at 3:57 PM..
Reply With Quote
  #45  
Old 09-08-2017, 3:57 PM
Mail Clerk Mail Clerk is offline
Senior Member
 
Join Date: Aug 2008
Posts: 2,206
iTrader: 0 / 0%
Default

Who knows how long it'll take! The anti-gunners will do anything to slow down the appeals until or after the new regs goes into full force. Then they argue it's too late to stop it.

Mail Clerk
Reply With Quote
  #46  
Old 09-14-2017, 3:13 PM
Sousuke Sousuke is online now
Senior Member
 
Join Date: Mar 2012
Posts: 1,304
iTrader: 0 / 0%
Default

Quote:
Originally Posted by cockedandglocked View Post
But of course, that's just the 5th CA court of appeals, there's still the district court before it, and the CA supreme court after it, so the whole thing could potentially take a number of years to finish.

But we've seen "more urgent matters", like gay wedding cakes, zoom through the court system in mere weeks, so you never know.
I just hope we get some form of an injunction prior to Christmas. I'm curious if an injunction is granted how it impacts the law as a whole.
__________________
WTB: Chronograph
WTB: T Series Hi Power
WTB: Bisley Revolver (Uberti type)
WTB: Pietta 45lc conversion cylinder
Reply With Quote
  #47  
Old 09-19-2017, 3:49 PM
Drivedabizness's Avatar
Drivedabizness Drivedabizness is offline
Senior Member
 
Join Date: Dec 2009
Location: Folsom, CA
Posts: 1,910
iTrader: 5 / 100%
Default

Quote:
Originally Posted by Sousuke View Post
I just hope we get some form of an injunction prior to Christmas. I'm curious if an injunction is granted how it impacts the law as a whole.
No chance
__________________
Proud CGN Contributor
USMC Pistol Team Alumni - Distinguished Pistol Shot
Owner of multiple Constitutionally protected tools
Reply With Quote
  #48  
Old 10-10-2017, 12:00 PM
BAJ475's Avatar
BAJ475 BAJ475 is offline
Senior Member
 
Join Date: Jul 2014
Location: Butte County, California
Posts: 1,512
iTrader: 6 / 100%
Default Present status 10/10/17

Quote:
Originally Posted by Sousuke View Post
I just hope we get some form of an injunction prior to Christmas. I'm curious if an injunction is granted how it impacts the law as a whole.
Not likely. The DOJ was served on Sept. 14, 2017, so their answer or demurer is not yet due. It will be interesting to read whatever they file, once it has been filed. The only hearing that has been set is a Case Management Conference, which is set for Jan. 8, 2018 at 10AM.
Reply With Quote
  #49  
Old 10-10-2017, 1:27 PM
A-J's Avatar
A-J A-J is offline
Senior Member
 
Join Date: Dec 2011
Posts: 2,121
iTrader: 7 / 100%
Default

Quote:
Originally Posted by Hooligan View Post
The cost of defense should come from the personal account of the bill sponsor. That should stop a lot of these senseless laws.
That would be nice, but of course the politicians enacted laws that exempt them from any liability resulting from the lawmaking process.
__________________
It was not a threat. It was an exaggerated response to an uncompromising stance. I was taught never to make a threat unless you are prepared to carry it out and I am not a fan of carrying anything. Even watching other people carrying things makes me uncomfortable. Mainly because of the possibility they may ask me to help.
Reply With Quote
  #50  
Old 10-17-2017, 3:32 PM
BAJ475's Avatar
BAJ475 BAJ475 is offline
Senior Member
 
Join Date: Jul 2014
Location: Butte County, California
Posts: 1,512
iTrader: 6 / 100%
Default

Quote:
Originally Posted by BAJ475 View Post
Not likely. The DOJ was served on Sept. 14, 2017, so their answer or demurer is not yet due. It will be interesting to read whatever they file, once it has been filed. The only hearing that has been set is a Case Management Conference, which is set for Jan. 8, 2018 at 10AM.
Their 30 days to answer or demurer is up and there is nothing new on the court's website. Would be nice to get an update from Michel & Associates.
Reply With Quote
  #51  
Old 10-26-2017, 12:47 PM
BAJ475's Avatar
BAJ475 BAJ475 is offline
Senior Member
 
Join Date: Jul 2014
Location: Butte County, California
Posts: 1,512
iTrader: 6 / 100%
Default

Quote:
Originally Posted by BAJ475 View Post
Their 30 days to answer or demurer is up and there is nothing new on the court's website. Would be nice to get an update from Michel & Associates.
Just checked the court's website and it is now showing a hearing on a Demurrer at 3:27 pm on Dec. 14, 2017 and a hearing on a Motion for a Preliminary Injunction at 3:28 pm on Dec. 14, 2017. The demurrer and motion are not showing up under documents. Should be interesting to read once they are available.
Reply With Quote
  #52  
Old 11-09-2017, 8:05 AM
Dump1567's Avatar
Dump1567 Dump1567 is offline
Senior Member
 
Join Date: Sep 2002
Posts: 1,354
iTrader: 59 / 100%
Default 17CECG03093 | Danny Villanueva vs Xavier Becerra

Here's where to read DOJ responses (you may have to search the case # if the link goes dead):

https://publicportal.fresno.courts.c...=0#OtherEvents

After reading the reponses, basically the DOJ is the authority on all things assault weapons, set-up registration to "help you know how/what to register", and can do whatever they want.


The Judge: Hon. Mark Wood Snauffer
__________________
Watch & Pray

Last edited by Dump1567; 11-09-2017 at 11:25 AM..
Reply With Quote
  #53  
Old 11-09-2017, 9:47 AM
BAJ475's Avatar
BAJ475 BAJ475 is offline
Senior Member
 
Join Date: Jul 2014
Location: Butte County, California
Posts: 1,512
iTrader: 6 / 100%
Default

Quote:
Originally Posted by Dump1567 View Post
Here's where to read DOJ responses (you may have to search the case # if the link goes dead):

https://publicportal.fresno.courts.c...=0#OtherEvents

After reading the reponses, basically the DOJ is the authority, set-up registration to "help you know how/what to register", and can do whatever they want.


The Judge: Hon. Mark Wood Snauffer
The case number is 17CECG03093. If you go to https://publicportal.fresno.courts.c...e/Dashboard/29 and use the case number you should be able to see all that is available.
Reply With Quote
  #54  
Old 11-09-2017, 7:28 PM
Shadowdrop Shadowdrop is offline
Member
 
Join Date: Dec 2008
Location: Orange County, CA
Posts: 435
iTrader: 1 / 100%
Default

Demurrer motion and preliminary injunction motion scheduled for 12/14/17. Case management conference for 1/8/18.
Reply With Quote
  #55  
Old 11-09-2017, 7:49 PM
CG11's Avatar
CG11 CG11 is offline
Member
 
Join Date: Oct 2017
Location: I.E.
Posts: 112
iTrader: 0 / 0%
Default

At least there are those who are pursuing these irrelevant and useless re classifications. As long as the state is allowed unfettered access to retroactively outlaw guns, features of guns, and accessories for guns they will have a tool to harass and criminalize gun owners while doing absolutely nothing to stop unlawful gun use.
__________________
I'm not that happy to see you - It's a gun.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 9:24 AM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2017, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2018, Calguns.net an Incorporated Company All Rights Reserved.