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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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  #121  
Old 06-29-2017, 5:49 PM
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Super UN-expected !
I do have the blocks,,,in the just in case scenario !

This is a " Thank The Good Lord in Heaven " moment ! I know it's only a battle in the war but, a needed "Win " ! None the less !
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  #122  
Old 06-29-2017, 5:49 PM
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Quote:
Originally Posted by cockedandglocked View Post
Hope nobody went and epoxied all their magazines already.
Nope.
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  #123  
Old 06-29-2017, 5:49 PM
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Can we see if we can get our legal teams to test the waters on "sanctuary homes", "sanctuary vehicles", "sanctuary roads" and "sanctuary ranges"? If our state government gets to ignore laws they don't like, why can't we?
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  #124  
Old 06-29-2017, 5:49 PM
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Hell yea
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  #125  
Old 06-29-2017, 5:49 PM
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Woot
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  #126  
Old 06-29-2017, 5:49 PM
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Ya dun ovvereached sonny
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  #127  
Old 06-29-2017, 5:50 PM
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Quote:
Originally Posted by sigmanx View Post
The fact voters voted for it shows how lost Kommifornia is.

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Liberals voted it that's it

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  #128  
Old 06-29-2017, 5:50 PM
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Quote:
Originally Posted by Rogerbutthead View Post
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.
But we need honest Judges like this who actually do their jobs here in the state. He probably deserves a look at the "bigs", but I'd love to see him stay here and help up reverse some of this anti-BOR crap that the state is pushing.
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  #129  
Old 06-29-2017, 5:51 PM
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So can someone explain the big picture? The whole bill is thrown out?
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  #130  
Old 06-29-2017, 5:51 PM
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Quote:
Originally Posted by Dump1567 View Post
I love it.
Not quite Scalia level prose, but it's close enough!
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  #131  
Old 06-29-2017, 5:52 PM
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“public safety interest may not eviscerate the Second Amendment.”

This seems a rare non activist judge in California.

Lets get all of prop 63 and the roster to abide by this ruling.

Last edited by R-Cubed; 06-29-2017 at 5:55 PM..
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  #132  
Old 06-29-2017, 5:52 PM
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Quote:
Originally Posted by NPFreedom View Post
So can someone explain the big picture? The whole bill is thrown out?
He issued a preliminary injunction blocking the law from taking effect while he considers the underlying lawsuit filed by the National Rifle Association-affiliated California Rifle & Pistol Association.
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  #133  
Old 06-29-2017, 5:53 PM
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Language from the injection, rock on!

"The California matrix of gun control laws is among the harshest in the nation and are filled with criminal law traps for people of common intelligence who desire to obey the law."
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Someone must put an end to this endless bickering by posting the unadulterated indisputable facts and truth.
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Not checkers, not chess, its Jenga.
"The California matrix of gun control laws is among the harshest in the nation and are filled with criminal law traps for people of common intelligence who desire to obey the law." - U.S. District Judge Roger T. Benitez

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  #134  
Old 06-29-2017, 5:54 PM
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Quote:
Originally Posted by Maltese Falcon View Post
He issued a preliminary injunction blocking the law from taking effect while he considers the underlying lawsuit filed by the National Rifle Association-affiliated California Rifle & Pistol Association.
Thank you for that. Some of us need the paint by numbers version of these kinds of things. The breakdowns are always appreciated.
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  #135  
Old 06-29-2017, 5:55 PM
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Quote:
Originally Posted by Wherryj View Post
But we need honest Judges like this who actually do their jobs here in the state. He probably deserves a look at the "bigs", but I'd love to see him stay here and help up reverse some of this anti-BOR crap that the state is pushing.
probably owns a few 10+ magazines himself
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  #136  
Old 06-29-2017, 5:56 PM
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Quote:
Originally Posted by thorium View Post
It won't last in the 9th circuit, but a temporary win nonetheless.
That's very good then if it's struck down by 9th, because it will head to Supreme court.
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  #137  
Old 06-29-2017, 5:56 PM
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Quick question, did Calguns Foundation injunction get flushed? This was the CRPA one.
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Someone must put an end to this endless bickering by posting the unadulterated indisputable facts and truth.
Quote:
Originally Posted by PMACA_MFG View Post
Not checkers, not chess, its Jenga.
"The California matrix of gun control laws is among the harshest in the nation and are filled with criminal law traps for people of common intelligence who desire to obey the law." - U.S. District Judge Roger T. Benitez

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  #138  
Old 06-29-2017, 5:57 PM
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Wow...I'm actually shocked...
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  #139  
Old 06-29-2017, 5:58 PM
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I guess I don't get to celebrate becoming a criminal this weekend.
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  #140  
Old 06-29-2017, 5:59 PM
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a smorgasbord of irrelevant news articles
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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.
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  #141  
Old 06-29-2017, 5:59 PM
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Quote:
Originally Posted by FalconLair View Post
probably owns a few 10+ magazines himself
Heck, Judge Benitez can come shooting with me anytime. I'll also help pay to fill his mags.
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  #142  
Old 06-29-2017, 6:00 PM
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I think this one might end up in SCOTUS.

This goes far beyond 2A, it's more about government taking private property without compensation. If they can take away mags then they can take away anything they don't like. The courts cannot allow this to be a precedence of any kind.

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Originally Posted by Wallabing View Post
That's very good then if it's struck down by 9th, because it will head to Supreme court.
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  #143  
Old 06-29-2017, 6:00 PM
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Maybe there is hope for us after all, doubt it though. But better then the usual stick in the eye, when it comes to our 2a rights.

CA work around will be us registering all our plus ten magazines. Ha Ha, crap hope they don't read this and get any stupid ideas.
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Last edited by stormvet; 06-29-2017 at 6:04 PM..
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  #144  
Old 06-29-2017, 6:02 PM
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Fantastic news!
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  #145  
Old 06-29-2017, 6:02 PM
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Quote:
Originally Posted by Wallabing View Post
That's very good then if it's struck down by 9th, because it will head to Supreme court.
What like peruta? With this court it's doubtful. Besides, this is just a preliminary injunction. The case isn't over yet.
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  #146  
Old 06-29-2017, 6:03 PM
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The judges injunction decision can be read here

http://www.calguns.net/duncaninjunction.pdf
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  #147  
Old 06-29-2017, 6:03 PM
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We got the injunction!!
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  #148  
Old 06-29-2017, 6:03 PM
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Frankly, I am shocked. In a good way, mind you.

Perhaps there remains a light at the end of the tunnel in California?
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  #149  
Old 06-29-2017, 6:03 PM
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I'm no legal expert, but this suit and injunction was specifically targeted to state laws.

How will this ruling, if at all, apply to the ban passed by the City of LA?

Does it automatically filter down?
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  #150  
Old 06-29-2017, 6:04 PM
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Quote:
Originally Posted by JackRydden224 View Post
I think this one might end up in SCOTUS.

This goes far beyond 2A, it's more about government taking private property without compensation. If they can take away mags then they can take away anything they don't like. The courts cannot allow this to be a precedence of any kind.
http://www.calguns.net/calgunforum/s....php?t=1214846

they already ruled in our favor.
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  #151  
Old 06-29-2017, 6:05 PM
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Great news!!
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  #152  
Old 06-29-2017, 6:05 PM
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Yay!!!

Sent from a red light.
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  #153  
Old 06-29-2017, 6:06 PM
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Chances of 9th Circuit CA overturning this injunction on appeal? Remember, this is California, a one party state run by the Dhimmicrats, who really don't "get" the whole Constitution thingie.
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  #154  
Old 06-29-2017, 6:09 PM
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Finally some good news
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  #155  
Old 06-29-2017, 6:09 PM
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dangit. i already destroyed all mine. can i sue?
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  #156  
Old 06-29-2017, 6:10 PM
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Thank you Michel and Associates. Job well done.
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  #157  
Old 06-29-2017, 6:11 PM
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Quote:
Originally Posted by Kestryll View Post
Here is the injunction, it sounds solid for us.

www.calguns.net/duncaninjunction.pdf
I don't know who the judge is, but I don't think the injunction could be any more pro-2A if Justices Thomas, Alito, Gorsuch, and Scalia's ghost got together and wrote it.

It's good reading.
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  #158  
Old 06-29-2017, 6:12 PM
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page 5: "The California matrix of gun control laws is among the harshest in the nation and are filled with criminal law traps for people of common intelligence who desire to obey the law."

page 7: "Ultimately, this case asks two questions. “Does a law-abiding responsible citizen
have a right to defend his home from criminals using whatever common magazine size he
or she judges best suits the situation? Does that same citizen have a right to keep and
bear a common magazine that is useful for service in a militia? Because a final decision
on the merits is likely to answer both questions “yes,”..."
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  #159  
Old 06-29-2017, 6:12 PM
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How many bullets can you fit in a high capacity magazine?.. Just the bullets, No brass.....
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  #160  
Old 06-29-2017, 6:12 PM
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When was the last time you heard the NRA doing anything like that?
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