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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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  #2121  
Old 08-17-2017, 1:52 PM
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How old is Mr. Pena? Are they waiting for him to pass so they can drop the case due to lack of plaintiff?
57 And healthy
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  #2122  
Old 08-17-2017, 2:28 PM
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57 And healthy
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  #2123  
Old 08-17-2017, 4:10 PM
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It's more like Ivanimal IS Pena

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I guess it would make sense he is a member of this board. With Peruta shot down this is in my opinion the next highest ranking for cases that affect me.
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  #2124  
Old 08-17-2017, 4:21 PM
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It's more like Ivanimal IS Pena






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Old 08-17-2017, 6:23 PM
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It's more like Ivanimal IS Pena




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  #2126  
Old 09-13-2017, 4:56 PM
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Is the a site that shows all of the cases before the 9th? I cant seem to find anything online and I'm interested to see how this deliberation time stacks up to the other cases in court limbo.

Last edited by AdamVIP; 09-13-2017 at 5:06 PM..
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  #2127  
Old 09-13-2017, 5:09 PM
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Originally Posted by AdamVIP View Post
Is the a site that shows all of the cases before the 9th? I cant seem to find anything online and I'm interested to see how this deliberation time stacks up to the other cases in court limbo.
https://www.ca9.uscourts.gov/

Not really a list available.

US Circuit Courts of Appeal have no deadlines; they work on what they want, when they want.

The 9th also seems sometimes to Make Stuff Up in their opinions.
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  #2128  
Old 09-13-2017, 6:17 PM
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US Circuit Courts of Appeal have no deadlines; they work on what they want, when they want.

The 9th also seems sometimes to Make Stuff Up in their opinions.
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US Circuit Courts of Appeal have no deadlines; they work on what they want, when they want. The 9th also seems sometimes to Make Stuff Up in their opinions.
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  #2129  
Old 09-13-2017, 6:47 PM
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My guess is that they are taking a long time because they are going to over turn the roster .. They need the extra time so they can really speak to SCOTUS on why this kind of infringement is unacceptable.
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  #2130  
Old 09-14-2017, 3:19 PM
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Does it work that way or do they (9th) just make up stuff?

We are about 6 months after the oral arguments were made and watching the arguments again today our side definitely presented a stronger case.

I hope we get a conclusion soon.

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My guess is that they are taking a long time because they are going to over turn the roster .. They need the extra time so they can really speak to SCOTUS on why this kind of infringement is unacceptable.
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  #2131  
Old 09-22-2017, 2:08 PM
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Originally Posted by JackRydden224 View Post
Does it work that way or do they (9th) just make up stuff?

We are about 6 months after the oral arguments were made and watching the arguments again today our side definitely presented a stronger case.

I hope we get a conclusion soon.
I guess we will see, hopefully if they make stuff up it's pro-gun stuff. The judges were two conservatives to one liberal, according to a site I looked at.

Of course, a win on this one doesn't mean much they just go En Banc, and bingo win erased.
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  #2132  
Old 09-22-2017, 2:36 PM
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How long do we have to keep waiting?
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  #2133  
Old 09-22-2017, 2:51 PM
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How long do we have to keep waiting?
Just two more weeks
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  #2134  
Old 09-22-2017, 3:12 PM
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I hope they overturn the roster....I'll be happy but my wife may not be since I'll be spending some money....Now just get rid of the 10 day wait period for previous CA gun purchasers
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  #2135  
Old 09-23-2017, 2:52 PM
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Originally Posted by abinsinia View Post
I guess we will see, hopefully if they make stuff up it's pro-gun stuff. The judges were two conservatives to one liberal, according to a site I looked at.

Of course, a win on this one doesn't mean much they just go En Banc, and bingo win erased.
Unfortunately, that does seem to be the new normal for 2A cases at CA9.
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  #2136  
Old 09-23-2017, 2:56 PM
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It's more like Ivanimal IS Pena
You never see them anywhere at the same time.
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  #2137  
Old 09-28-2017, 9:28 AM
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Do these guys know something we don't?
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  #2138  
Old 09-28-2017, 9:32 AM
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Do these guys know something we don't?
I have no idea where they got their "understanding", I haven't heard anything.
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  #2139  
Old 09-28-2017, 9:35 AM
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Originally Posted by scifigunner View Post
I have no idea where they got their "understanding", I haven't heard anything.
If microstamping was tossed, you'd know it because the entire forum would be filled with threads titled "HOLY CRAP MICROSTAMPING GOT TOSSED!!!"

Also, the phrase "it is our understanding that..." doesn't exactly exude confidence in what they're about to say after that. It's the calguns equivalent of "IMO, and IANAL, but IIRC I heard someone at an LGS say ... FWIW, YMMV"

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  #2140  
Old 09-28-2017, 9:35 AM
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I have no idea where they got their "understanding", I haven't heard anything.
I may be spreading FUD ( I hope not) I had heard that New York and Massachusetts threw out the micro stamping after they figured out that it wouldn't help them solve crimes in which they didn't already have other evidence that already lead them to the suspect.
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  #2141  
Old 09-28-2017, 9:42 AM
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I may be spreading FUD ( I hope not) I had heard that New York and Massachusetts threw out the micro stamping after they figured out that it wouldn't help them solve crimes in which they didn't already have other evidence that already lead them to the suspect.
Other states have tried, or toyed with the idea, but none have actually ever implemented such a requirement except for CA.
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  #2142  
Old 09-28-2017, 12:34 PM
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I may be spreading FUD ( I hope not) I had heard that New York and Massachusetts threw out the micro stamping after they figured out that it wouldn't help them solve crimes in which they didn't already have other evidence that already lead them to the suspect.
New York and Maryland both had ballistic fingerprinting laws starting in 2000 requiring guns sold to submit a fired shell casing to the state to be photographed and archived. These programs were cancelled in 2012 and 2015 respectively.

Washington DC has had a microstamping requirement on the books (District of Columbia Code Section 7-2504.08 (b)) for several years but they've punted the implementation date a few times. Currently it takes effect 1 Jan 2018.
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  #2143  
Old 09-28-2017, 4:13 PM
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How long do we have to keep waiting?
Until the California Supreme Court decides the NSSF v. Becerra microstamping challenge. The NSSF case will be binding on the Ninth, since the issue arises almost entirely under state law. The NSSF case is still in the briefing stage, and will not likely be argued before next year.
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  #2144  
Old 09-29-2017, 1:41 PM
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Do these guys know something we don't?
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  #2145  
Old 09-29-2017, 2:27 PM
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I'm just wondering why we haven't seen an update in almost 2 years?

This link as reference:

https://www.calgunsfoundation.org/pena
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  #2146  
Old 09-29-2017, 3:02 PM
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Quote:
Originally Posted by gryffinwings View Post
I'm just wondering why we haven't seen an update in almost 2 years?

This link as reference:

https://www.calgunsfoundation.org/pena
Quote:
Originally Posted by Codez View Post
Worth watching to be informed. This morning's arguments can be found on Youtube here - https://www.youtube.com/watch?v=ik6aPgUFA-M

Scroll forward to 1:07. The Pena caption will show in the lower right box.

I'm cautiously optimistic. It was a good hearing and I think the judges understood the issues.

Hope this helps.
March of 2017 is not two years from September of 2017. Why CGF has not updated should be addressed to them directly.
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  #2147  
Old 09-29-2017, 3:38 PM
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March of 2017 is not two years from September of 2017. Why CGF has not updated should be addressed to them directly.
Thanks for the info.
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  #2148  
Old 09-29-2017, 8:25 PM
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My guess is we'll have a decision sometime between 2018 Jan 01 and Sept Oct 01.

But my main concern is that we win "carry" before we win killing the roster. I don't want us all ordering S&W J-frames to CCW at the same time because that's the only thing on the roster!
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Last edited by Paladin; 12-02-2017 at 9:19 PM..
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  #2149  
Old 09-30-2017, 7:01 PM
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March of 2017 is not two years from September of 2017. Why CGF has not updated should be addressed to them directly.
I just realized that this video is unavailable on youtube :/
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  #2150  
Old 10-01-2017, 8:26 PM
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Perhaps they are anticipating microstamping getting tossed.

I know I'll be in line for a 357 Coonan, hopefully they'll send me a couple.
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  #2151  
Old 10-23-2017, 1:30 PM
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Still waiting on this; all I want is a S&W 437, which as you can see, is one of the least offensive weapons out there. All it is is a black 637 but nope, apparently its too unsafe.

https://www.budsgunshop.com/catalog/...P+1.8+COMBAT+5
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Old 10-23-2017, 1:49 PM
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I suspect that there have been no updates since nothing has happened. Although state courts are required to issue their decisions within 90 days of oral argument, no such rule applies in the federal court system. The Ninth is the busiest circuit in the nation, and thus decisions are rarely issued with any particular promptness. Plus, as I said above, it might be sitting on the case until the California Supreme Court decides the NSSF appeal, as a dismissal of that case as the State requests would be dispositive.
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Old 10-23-2017, 7:50 PM
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Originally Posted by TruOil View Post
I suspect that there have been no updates since nothing has happened. Although state courts are required to issue their decisions within 90 days of oral argument, no such rule applies in the federal court system. The Ninth is the busiest circuit in the nation, and thus decisions are rarely issued with any particular promptness. Plus, as I said above, it might be sitting on the case until the California Supreme Court decides the NSSF appeal, as a dismissal of that case as the State requests would be dispositive.
I'm not sure how the NSSF case would effect this one. This case was very much argued as if that one didn't matter. Either way microstamping or no, the roster is an illegal gun ban.
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  #2154  
Old 10-23-2017, 8:05 PM
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Still waiting on this; all I want is a S&W 437, which as you can see, is one of the least offensive weapons out there. All it is is a black 637 but nope, apparently its too unsafe.

https://www.budsgunshop.com/catalog/...P+1.8+COMBAT+5
I would like to be able to purchase a Sig P225A1.... No high cap magazine, or anything that is otherwise objectionable other than that it is not on the list. Mechanical features on the P225A1 are what are on listed Sigs, but because the P225A1 is not 'listed', I can't purchase. Such a crock of s**t.
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Old 10-24-2017, 12:47 PM
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I would like to be able to purchase a Sig P225A1.... No high cap magazine, or anything that is otherwise objectionable other than that it is not on the list. Mechanical features on the P225A1 are what are on listed Sigs, but because the P225A1 is not 'listed', I can't purchase. Such a crock of s**t.
Duh! It's not enough, not unsafe.
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  #2156  
Old 10-25-2017, 12:23 PM
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Duh! It's not enough, not unsafe.


So say Gavin Newsom who might end up blowing his balls off.


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  #2157  
Old 10-29-2017, 10:17 AM
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Originally Posted by Paladin View Post
My guess is we'll have a decision sometime between 2018 Jan 01 and Sept 01.
.............

Why the guess of this time period?


I'm honestly skeptical at this point that the roster will ever go away in my lifetime, and my 17 year old will almost certainly have got the hell out of Dodge before it's gone.

He's itchin' to escape this craphole and explore other states.


..
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  #2158  
Old 10-29-2017, 8:27 PM
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Originally Posted by LEAD LAUNCHER View Post
Why the guess of this time period?
Orals were back in March. My guess is 9 months to a year and a half after that is when the 3-judge panel will most likely release its decision.

Quote:
Originally Posted by LEAD LAUNCHER View Post
I'm honestly skeptical at this point that the roster will ever go away in my lifetime, and my 17 year old will almost certainly have got the hell out of Dodge before it's gone.

He's itchin' to escape this craphole and explore other states.

..
I know you didn't say I said we'd win, but I just want to make sure I did not give anyone that impression.
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Last edited by Paladin; 10-29-2017 at 8:31 PM..
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  #2159  
Old 10-30-2017, 2:15 PM
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Originally Posted by conquestking View Post
Still waiting on this; all I want is a S&W 437, which as you can see, is one of the least offensive weapons out there. All it is is a black 637 but nope, apparently its too unsafe.

https://www.budsgunshop.com/catalog/...P+1.8+COMBAT+5
There's no reason that S&W couldn't get that on the roster if they thought it was worth it.
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Originally Posted by aBrowningfan View Post
I would like to be able to purchase a Sig P225A1.... No high cap magazine, or anything that is otherwise objectionable other than that it is not on the list. Mechanical features on the P225A1 are what are on listed Sigs, but because the P225A1 is not 'listed', I can't purchase. Such a crock of s**t.
What's so special about the P225A1? I picked up a P225 a while ago, don't think I spent all that much on it but I forget the exact amount. It's a good gun, but nothing that special IMO.
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  #2160  
Old 10-30-2017, 3:03 PM
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Im surprised that there has been no activity on this in 7 months time.
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