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
  #81  
Old 06-29-2017, 12:08 PM
rero360 rero360 is offline
Veteran Member
 
Join Date: Dec 2009
Location: Pasadena
Posts: 3,781
iTrader: 11 / 100%
Default

Hey Wolfwood, I have a lake you can have your boating accident in. By lake I mean a 5 gallon bucket 😄
Reply With Quote
  #82  
Old 06-29-2017, 3:51 PM
MCubeiro's Avatar
MCubeiro MCubeiro is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Jan 2015
Posts: 34
iTrader: 0 / 0%
Default PROPOSITION 63 SUFFERS FIRST DEFEAT IN COURT

For Immediate Release:

PROPOSITION 63 SUFFERS FIRST DEFEAT IN COURT:
FEDERAL JUDGE GRANTS CRPA’S REQUEST IN NRA SUPPORTED CASE TO
STAY ENFORCEMENT OF CALIFORNIA’S MAGAZINE BAN


Today, attorneys for the California Rifle & Pistol Association, supported by the National Rifle Association, obtained an important injunction in the case of Duncan v. Becerra, a federal lawsuit challenging California’s restrictions against standard capacity magazines. The injunction effectively prevents California from enforcing its recently enacted ban against possession of such magazines while the case is pending, which was set to take effect on July 1—less than 2 days from today.

In granting the injunction, Judge Roger Benitez explained that Plaintiffs are likely to succeed in this lawsuit because “public safety interest may not eviscerate the Second Amendment.”

Filed in May, Duncan is the second in a series of carefully planned lawsuits challenging the package of gun control laws passed last year that have collectively become known as “gunmageddon” in addition to the anti-gun Proposition 63. The case challenges California’s restrictions against standard capacity magazines on the grounds that it violates the Second Amendment, due process clause, and takings clause of the United States Constitution.

As a result of the injunction, California gun owners will not be required to surrender or permanently alter their lawfully owned property by July 1. Instead, the injunction preserves the “status quo” while the constitutionality of the law is decided by the court.

HELP US DEFEAT CALIFORNIA’S MAGAZINE BAN!


CRPA and NRA will continue to support legal efforts such as Duncan, but we need all of California’s 10+ million gun owners to stand with us. Victory cannot be achieved without your support.


By donating today to the CRPA Foundation, you will help CRA and NRA strike down California’s standard capacity magazine ban and the rest of “Gunmageddon” in addition to the insidious Prop 63. With your help, we will restore the freedoms that the anti-gun lobby and elitist Sacramento politicians took from us in 2016 and restore the right to choose to own a firearm to defend yourself and your family.

To find out more information on CRPA’s endeavors and how you can get involved, please visit CRPA.org. For further information on the CRPA Foundation, click here.

Thank you for standing with CRPA and NRA. Together, we will make freedom ring once again throughout the Golden State.
__________________


NRA Certified Instructor- Pistol, Rifle, PPITH, PPOTH, Metallic Cartridge Reloading, Home Firearm Safety, Refuse to be a Victim
NRA Range Safety Officer

NRA Patron Member
CRPA Life Member
CGN/CGSSA Contributor
Reply With Quote
  #83  
Old 06-29-2017, 3:53 PM
bemani4u bemani4u is offline
Junior Member
 
Join Date: Jan 2014
Posts: 90
iTrader: 2 / 100%
Default

Hell yeah!!!


Sent from my iPhone using Tapatalk Pro
Reply With Quote
  #84  
Old 06-29-2017, 3:58 PM
naeco81 naeco81 is offline
CGN/CGSSA Contributor - Lifetime
CGN Contributor - Lifetime
 
Join Date: Jun 2013
Location: Atherton, CA
Posts: 1,796
iTrader: 6 / 100%
Default

Nice!
__________________
Quote:
Originally Posted by Mitch View Post
The architects of the assault weapon bans ... are simply trying to fight the Culture War. And we can't win, not in California anyway because you guys, the ones with the most to lose, refuse to do what you need to do to win the Culture Wars, which is to make Calguns and the gun rights community a truly big tent and stop driving people away simply because they are different from you.
Crime rate per 100k people
General population: 3,817
Police officers: 108
Legal CCW: 18
Reply With Quote
  #85  
Old 06-29-2017, 4:05 PM
BumBum's Avatar
BumBum BumBum is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Jan 2013
Location: San Gabriel Valley
Posts: 1,524
iTrader: 4 / 100%
Default

Great news!
__________________

DISCLAIMER: The information contained herein is general in nature, which may not apply to particular factual or legal circumstances, and is intended for informational purposes only. Consistent with Calguns policy, the information does not constitute legal advice or opinions and should not be relied upon as such. Transmission of the information is not intended to create an attorney-client relationship. Readers should not act upon any information in my posts without seeking professional counsel.
Reply With Quote
  #86  
Old 06-29-2017, 4:07 PM
Kestryll's Avatar
Kestryll Kestryll is offline
Head Janitor
 
Join Date: Oct 2005
Location: Occupied Reseda, PRK
Posts: 20,678
iTrader: 22 / 100%
Blog Entries: 2
Default

Here is the injunction, it sounds solid for us.

www.calguns.net/duncaninjunction.pdf
__________________
NRA Patron Life Member / CRPA Life Member / SAF Life Member
Calguns.net an incorported entity - President.
The Calguns Shooting Sports Assoc. - Vice President.
The California Rifle & Pistol Assoc. - Director.
DONATE TO NRA-ILA, CGSSA, AND CRPAF NOW!
Opinions posted in this account are my own and unless specifically stated as such are not the approved position of Calguns.net, CGSSA or CGF.
Reply With Quote
  #87  
Old 06-29-2017, 4:09 PM
pacrat pacrat is offline
Calguns Addict
 
Join Date: May 2014
Location: Socialist Republic of SoCal
Posts: 5,181
iTrader: 10 / 100%
Default

Thanks for the good news update.

Keep swinging, cause ducking never won a fight.
Reply With Quote
  #88  
Old 06-29-2017, 4:14 PM
carabuser's Avatar
carabuser carabuser is offline
Junior Member
 
Join Date: Dec 2015
Posts: 43
iTrader: 0 / 0%
Default

HELL YES !!!! I will take anything I can get against these freaking nazi democrats running CA !!!
__________________
"When the government negates the law of God, it abrogates its authority"

Francis A. Schaeffer

"Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy, its inherent virtue is the equal sharing of misery."

Winston Churchill

Last edited by carabuser; 06-29-2017 at 4:21 PM..
Reply With Quote
  #89  
Old 06-29-2017, 4:15 PM
ojisan's Avatar
ojisan ojisan is offline
Agent 86
CGN Contributor
 
Join Date: Apr 2008
Location: SFV
Posts: 10,154
iTrader: 45 / 100%
Default

I'm glad you got the injunction, THANK YOU!


Well, let's see if this takes seven to ten years for the courts to decide like the other pro-gun cases are doing.
That will work for now as long as the injunction stays in place.

Since it is an anti-gun case, I suspect it will move right along.

However, this is encouraging for sure:
"In granting the injunction, Judge Roger Benitez explained that Plaintiffs are likely to succeed in this lawsuit because “public safety interest may not eviscerate the Second Amendment.”"
__________________
Reply With Quote
  #90  
Old 06-29-2017, 4:25 PM
IVC's Avatar
IVC IVC is offline
I need a LIFE!!
 
Join Date: Jul 2010
Location: Temecula
Posts: 12,665
iTrader: 3 / 100%
Default

Great news.

Yes, it will take a very long time for this to move through courts. We are technically still waiting on the AB 962 development and it was in 2013...
__________________
NRA Benefactor Member
Reply With Quote
  #91  
Old 06-29-2017, 4:26 PM
Kestryll's Avatar
Kestryll Kestryll is offline
Head Janitor
 
Join Date: Oct 2005
Location: Occupied Reseda, PRK
Posts: 20,678
iTrader: 22 / 100%
Blog Entries: 2
Default

Here is a link to the filings and history of the case:
http://michellawyers.com/duncan-v-becerra/
__________________
NRA Patron Life Member / CRPA Life Member / SAF Life Member
Calguns.net an incorported entity - President.
The Calguns Shooting Sports Assoc. - Vice President.
The California Rifle & Pistol Assoc. - Director.
DONATE TO NRA-ILA, CGSSA, AND CRPAF NOW!
Opinions posted in this account are my own and unless specifically stated as such are not the approved position of Calguns.net, CGSSA or CGF.
Reply With Quote
  #92  
Old 06-29-2017, 4:27 PM
417atty's Avatar
417atty 417atty is offline
Member
 
Join Date: Mar 2012
Location: Los Angeles County
Posts: 209
iTrader: 13 / 100%
Default Federal Judge Blocks Calif. Magazine Ban !!!

http://abc7.com/news/federal-judge-b...llets/2165386/

A federal judge is blocking a California law set to go into effect Saturday that would have barred gun owners from possessing high-capacity ammunition magazines.

San Diego-based U.S. District Judge Roger Benitez said in ruling Thursday that the law banning possession of magazines containing more than 10 bullets would have made criminals of thousands of otherwise law-abiding citizens who now own the magazines.
__________________


KMA-628 RETIRED
U.S. Army Veteran
Calif. POST-certified Firearms Instructor
Southwestern Law School Alumni

Last edited by 417atty; 06-29-2017 at 4:45 PM..
Reply With Quote
  #93  
Old 06-29-2017, 4:28 PM
heyjerr's Avatar
heyjerr heyjerr is offline
Senior Member
 
Join Date: Feb 2008
Location: San Jose, CA
Posts: 906
iTrader: 28 / 100%
Default

excellent news
__________________
Reply With Quote
  #94  
Old 06-29-2017, 4:31 PM
El Toro's Avatar
El Toro El Toro is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Mar 2011
Location: SoCal
Posts: 1,489
iTrader: 20 / 100%
Default

__________________
Quote:
Western civilization represents the pinnacle of true human progress, and we should rightly be proud of it, delusional leftists be damned.

Quote:
We know it's the family and the church not government officials who know best how to create strong and loving communities. And above all else we know this, in America, we don't worship government, we worship God.
President Donald J. Trump, Oct. 13, 2017
Reply With Quote
  #95  
Old 06-29-2017, 4:31 PM
bronco75a's Avatar
bronco75a bronco75a is offline
Member
 
Join Date: Nov 2016
Posts: 226
iTrader: 0 / 0%
Default Judge Blocks California's High-Capacity Magazine Ban

Judge Blocks California's High-Capacity Magazine Ban

San Diego-based U.S. District Judge Roger Benitez said in ruling Thursday that the law banning possession of magazines containing more than 10 bullets would have made criminals of thousands of otherwise law-abiding citizens who now own the magazines.

The judge says the law approved by voters in November takes away gun owners' Second Amendment rights and amounts to the government taking people's private property without compensation.

https://www.nytimes.com/aponline/201...s-lawsuit.html

Last edited by bronco75a; 06-29-2017 at 4:46 PM..
Reply With Quote
  #96  
Old 06-29-2017, 4:32 PM
thorium thorium is offline
Senior Member
 
Join Date: Jan 2006
Location: OC
Posts: 677
iTrader: 8 / 100%
Default

It won't last in the 9th circuit, but a temporary win nonetheless.
__________________
-------------------------
Reply With Quote
  #97  
Old 06-29-2017, 4:38 PM
CSTactical's Avatar
CSTactical CSTactical is offline
Vendor/Retailer
 
Join Date: Sep 2007
Location: Sacramento, CA
Posts: 3,416
iTrader: 13 / 100%
Default

Thank you to everyone involved!!!

Quote:
Originally Posted by MCubeiro View Post
For Immediate Release:

PROPOSITION 63 SUFFERS FIRST DEFEAT IN COURT:
FEDERAL JUDGE GRANTS CRPA’S REQUEST IN NRA SUPPORTED CASE TO
STAY ENFORCEMENT OF CALIFORNIA’S MAGAZINE BAN
[snip]

Thank you for standing with CRPA and NRA. Together, we will make freedom ring once again throughout the Golden State.
Reply With Quote
  #98  
Old 06-29-2017, 4:39 PM
chris's Avatar
chris chris is offline
I need a LIFE!!
 
Join Date: Apr 2006
Location: In Texas for now
Posts: 18,179
iTrader: 1 / 100%
Default

This is good news for now. But it's a win we needed.
__________________
http://govnews.ca.gov/gov39mail/mail.php

Quote:
Public Safety Chairman Reggie Jones Sawyer, D-Los Angeles said, “This is California; we don’t pay too much attention to the Constitution,”
https://www.youtube.com/watch?v=Z6Dj8tdSC1A
contact the governor
https://govnews.ca.gov/gov39mail/mail.php
In Memory of Spc Torres May 5th 2006 al-Hillah, Iraq. I will miss you my friend.
When Hell is full the dead will walk the Earth. (Dawn of the Dead)
NRA Life Member.
Reply With Quote
  #99  
Old 06-29-2017, 4:39 PM
Ldarshay's Avatar
Ldarshay Ldarshay is offline
Veteran Member
 
Join Date: Mar 2013
Location: South PRK
Posts: 2,521
iTrader: 91 / 100%
Default

Winning!!
Reply With Quote
  #100  
Old 06-29-2017, 4:40 PM
colossians323's Avatar
colossians323 colossians323 is offline
I need a LIFE!!
 
Join Date: Oct 2005
Posts: 18,419
iTrader: 41 / 100%
Default

Quote:
Originally Posted by thorium View Post
It won't last in the 9th circuit, but a temporary win nonetheless.
Double edged blade
__________________
LIVE FREE OR DIE!

M. Sage's I have a dream speech;

Quote:
Originally Posted by M. Sage View Post
I dream about the day that the average would-be rapist is afraid to approach a woman who's walking alone at night. I dream of the day when two punks talk each other out of sticking up a liquor store because it's too damn risky.
Reply With Quote
  #101  
Old 06-29-2017, 4:40 PM
Wherryj's Avatar
Wherryj Wherryj is offline
Calguns Addict
 
Join Date: Mar 2010
Location: Livermore
Posts: 8,948
iTrader: 0 / 0%
Default

How did anyone find a judge that can not only read, but also isn't open to pushing their own agenda upon a case???

...and for those always asking what the NRA is doing in CA...

Cudos to the CRPA and NRA. At least you've slowed down our loss of rights, even if it is marginally and temporarily. It is more than most of us were hoping for.
__________________
"What is a moderate interpretation of the text? Halfway between what it really means and what you'd like it to mean?"
"The cases will publish forever the discouraging truth that the Supreme Court of the United States favors some laws over others, and is prepared to do whatever it takes to uphold and assist its favorites."
-Antonin Scalia, Supreme Court Justice
Reply With Quote
  #102  
Old 06-29-2017, 4:40 PM
Dump1567's Avatar
Dump1567 Dump1567 is offline
Senior Member
 
Join Date: Sep 2002
Posts: 1,352
iTrader: 59 / 100%
Default

Quote:
However, just as the Court is mindful that a majority of California voters approved Proposition 63 and that the government has a legitimate interest in protecting the public from gun violence, it is equally mindful that the Constitution is a shield from the tyranny of the majority. Plaintiffs’ entitlements to enjoy Second Amendment rights and just compensation are not eliminated simply because they possess “unpopular” magazines holding more than 10 rounds.
I love it.
__________________
Watch & Pray
Reply With Quote
  #103  
Old 06-29-2017, 4:40 PM
Chunker's Avatar
Chunker Chunker is offline
Member
 
Join Date: Feb 2012
Location: Gardena, CA
Posts: 341
iTrader: 4 / 100%
Default

WOOP!
__________________
My name is Chunker...I wear a hat.
Reply With Quote
  #104  
Old 06-29-2017, 4:41 PM
Reecek's Avatar
Reecek Reecek is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Dec 2012
Location: Albany
Posts: 600
iTrader: 17 / 100%
Default

Yes!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Reply With Quote
  #105  
Old 06-29-2017, 4:41 PM
kalalp kalalp is offline
Member
 
Join Date: Nov 2008
Location: South Sierra Foothills
Posts: 209
iTrader: 9 / 100%
Default

WOW!

Very unexpected.
Reply With Quote
  #106  
Old 06-29-2017, 4:42 PM
missiondude's Avatar
missiondude missiondude is offline
Senior Member
 
Join Date: May 2008
Location: San Diego
Posts: 1,561
iTrader: 23 / 100%
Default

I hope this gets overturned in the courts permanently, but like all things gun in the state of lib bliss, I will not hold my breath.
__________________
The right of the people to keep and bear arms shall not be infringed. The original common sense gun law...
Reply With Quote
  #107  
Old 06-29-2017, 4:42 PM
Rogerbutthead's Avatar
Rogerbutthead Rogerbutthead is offline
Senior Member
 
Join Date: Jul 2006
Posts: 1,879
iTrader: 1 / 100%
Default

I luv this judge. Hon. Roger T. Benitez United States District Judge - perhaps he can run for higher office.

I am sitting here near my boxes of magazines that I was going to send to a friend in Arizona - near tears.

Thank you, thank you, thank you.
Reply With Quote
  #108  
Old 06-29-2017, 4:43 PM
Ron-Solo's Avatar
Ron-Solo Ron-Solo is offline
Calguns Addict
 
Join Date: Jan 2009
Location: Hangin in the AZ
Posts: 8,199
iTrader: 16 / 100%
Default

It's a start
__________________
LASD Retired
1978-2011

NRA Life Member
CRPA Life Member
NRA Certified Instructor
Reply With Quote
  #109  
Old 06-29-2017, 4:44 PM
559BearDown's Avatar
559BearDown 559BearDown is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Jan 2014
Location: Clovis, PRK
Posts: 713
iTrader: 5 / 100%
Default

2 thumbs up!
Reply With Quote
  #110  
Old 06-29-2017, 4:44 PM
mrwilson1984's Avatar
mrwilson1984 mrwilson1984 is offline
Senior Member
 
Join Date: Apr 2011
Location: Wandering nomad...
Posts: 597
iTrader: 21 / 100%
Default

Excellent news! I don't post much on Calguns and mainly lurk and read, but for anyone reading these posts who doesn't usually post replies...please go out of your way and do so and thank the folks that worked hard for this...

I'm gonna donate some money to CRPA and NRA...some good is happening this week!
Reply With Quote
  #111  
Old 06-29-2017, 4:45 PM
Chatterbox Chatterbox is offline
Senior Member
 
Join Date: Apr 2009
Location: Los Angeles
Posts: 1,212
iTrader: 12 / 100%
Default

Awesome! Go NRA/CRPA!
__________________
Reply With Quote
  #112  
Old 06-29-2017, 4:45 PM
Red-Osier77's Avatar
Red-Osier77 Red-Osier77 is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Oct 2015
Location: 209er
Posts: 5,990
iTrader: 5 / 100%
Default

Wow awesome news.
__________________
Reply With Quote
  #113  
Old 06-29-2017, 4:45 PM
meccjoo meccjoo is offline
Member
 
Join Date: Feb 2016
Location: LA
Posts: 184
iTrader: 2 / 100%
Default

Wow
Reply With Quote
  #114  
Old 06-29-2017, 4:45 PM
cockedandglocked's Avatar
cockedandglocked cockedandglocked is offline
Not a mod or lawyer
CGN Contributor - Lifetime
 
Join Date: Apr 2014
Location: Near Excremento
Posts: 12,240
iTrader: 7 / 100%
Blog Entries: 1
Default

With this injunction granted, this case can take as looooooooooooong as they want Huge win! Hope nobody went and epoxied all their magazines already.
Reply With Quote
  #115  
Old 06-29-2017, 4:46 PM
logman logman is offline
Junior Member
 
Join Date: Mar 2007
Posts: 11
iTrader: 0 / 0%
Default

Ahh, very cool, and just.

LOG
Reply With Quote
  #116  
Old 06-29-2017, 4:47 PM
Oceanbob's Avatar
Oceanbob Oceanbob is offline
I need a LIFE!!
 
Join Date: Jun 2010
Posts: 10,708
iTrader: 91 / 100%
Default

Ok....time for a Margarita..!

It's a start..

Bob
__________________
May the Bridges I burn light the way.

Life Is Not About Waiting For The Storm To Pass - Its About Learning To Dance In The Rain.

Fewer people are killed with all rifles each year (323 in 2011) than with shotguns (356), hammers and clubs (496), and hands and feet (728).
Reply With Quote
  #117  
Old 06-29-2017, 4:47 PM
EvoXguy's Avatar
EvoXguy EvoXguy is offline
Member
 
Join Date: Oct 2015
Posts: 427
iTrader: 3 / 100%
Default

Just saw it on the news myself and couldn't believe it
__________________
Peace through superior firepower
Reply With Quote
  #118  
Old 06-29-2017, 4:48 PM
sigmanx sigmanx is online now
Junior Member
 
Join Date: May 2017
Posts: 68
iTrader: 0 / 0%
Default

The fact voters voted for it shows how lost Kommifornia is.

Sent from my 2PQ93 using Tapatalk
Reply With Quote
  #119  
Old 06-29-2017, 4:48 PM
SkyHawk's Avatar
SkyHawk SkyHawk is offline
☆☆ More Cowbell ☆☆
CGN Contributor
 
Join Date: Sep 2012
Location: Overhead Orbit
Posts: 9,563
iTrader: 119 / 100%
Default

And I was just getting ready to switch up my CCW pistols and spend this weekend riveting mags. Maybe now I'll hit the range instead
__________________
.



"Texans always move them!"
General Robert E. Lee, May 6, 1864 - Battle of the Wilderness
Reply With Quote
  #120  
Old 06-29-2017, 4:48 PM
Tasty's Avatar
Tasty Tasty is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: May 2011
Posts: 1,641
iTrader: 8 / 100%
Default

Well that's good. I feel bad for those of you who blocked your mags in anticipation of this law.
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 4:12 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 2002-2016, Calguns.net an Incorporated Company All Rights Reserved.