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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 08-26-2022, 6:00 PM
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Question Q: Have any 2A cases that SCOTUS GVR’ed NOT been R’ed to TC/DC?

This thread includes all fed CAs, including CA9.

Seems like all the cases that were held pending NYSRPA v Bruen have been GVR’ed back to their CAs. What’s worse is that in everyone of those I’ve heard about the CA has in turn remanded them back down to the district court for a new trial, starting things over at square one.

Please use this thread to list and discuss any 2A cases that got their appeals court loss vacated BUT the court of appeals decides to redo it themselves without remanding it down to the DC/TC again. (IOW ones we should win within the next 6-18 months

IOWs this thread is looking for major good news that should take less than a 2- to 4-year whole “do over.”

Last edited by Paladin; 08-27-2022 at 11:17 AM..
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  #2  
Old 08-27-2022, 7:30 AM
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NAL but I think several of the cases sent down to Bonitas will be decided in a lot less than four years. He seems to want to push them forward.
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Old 08-27-2022, 8:21 AM
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There's only two that I know of that aren't addressed yet. Duncan and Bianchi. I think Duncan will get sent to the district court, but Bianchi I don't know.
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Old 08-27-2022, 10:44 AM
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Just so I understand, the reason why a CA might kick the case all the way back to the trial court would be either:
  • Let the court determine new facts, such as the history of the regulation, etc, which could matter to the Bruen test
  • A pure delay tactic to add years to an inevitable outcome they don't want

Is that right?
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Old 08-27-2022, 11:26 AM
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Quote:
Originally Posted by CCWFacts View Post
Just so I understand, the reason why a CA might kick the case all the way back to the trial court would be either:
  • Let the court determine new facts, such as the history of the regulation, etc, which could matter to the Bruen test
  • A pure delay tactic to add years to an inevitable outcome they don't want

Is that right?
Yes, although the second reason has not been explicitly stated.

My concern is if all the CAs are doing this, is there another reason for the delay to keep us disarmed? Could Antifa, communists, socialists, Soros, Bloomberg, CFR/TL, Bilderbergers, the pro aborts and other Left wing extremists be planning a civil war or revolution within the next 4 years? One part of that could be the elimination of the 2A.

IOW your 2nd reason may not be a futile attempt to delay the inevitable.

Last edited by Paladin; 08-27-2022 at 6:21 PM..
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Old 08-27-2022, 11:37 AM
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Quote:
Originally Posted by CCWFacts View Post
  • A pure delay tactic to add years to an inevitable outcome they don't want
They know they need a least 4 years to get SCOTUS to shift again. Why not delay?

Quote:
One part of that could be the elimination of the 2A.
Politically very unlikely, but ultimately unnecessary as SCOTUS has the power to interpret the 2A any way they like.
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  #7  
Old 08-28-2022, 10:04 AM
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Quote:
Originally Posted by Paladin View Post
Yes, although the second reason has not been explicitly stated.

My concern is if all the CAs are doing this, is there another reason for the delay to keep us disarmed? Could Antifa, communists, socialists, Soros, Bloomberg, CFR/TL, Bilderbergers, the pro aborts and other Left wing extremists be planning a civil war or revolution within the next 4 years? One part of that could be the elimination of the RKBA.

IOW your 2nd reason may not be a futile attempt to delay the inevitable.
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Last edited by Paladin; 08-28-2022 at 10:52 AM..
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Old 08-28-2022, 11:10 AM
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Bianchi has a tentative oral arguments date in early December at the CA level.
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  #9  
Old 08-28-2022, 2:55 PM
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Quote:
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Bianchi has a tentative oral arguments date in early December at the CA level.
CA4

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  #10  
Old 08-28-2022, 2:57 PM
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Quote:
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Bianchi has a tentative oral arguments date in early December at the CA level.
CA4

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Old 09-07-2022, 2:45 PM
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Haven’t heard what CA3 is doing with the NJ magazine ban case yet
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Old 09-07-2022, 4:30 PM
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Quote:
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Haven’t heard what CA3 is doing with the NJ magazine ban case yet
There doing supplementary briefings.

https://www.firearmspolicy.org/bianchi
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Old 09-11-2022, 3:18 AM
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Quote:
Originally Posted by abinsinia View Post
There doing supplementary briefings.

https://www.firearmspolicy.org/bianchi

That's the MD AWB case.
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  #14  
Old 09-11-2022, 9:09 AM
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Quote:
Originally Posted by press1280 View Post
That's the MD AWB case.
Sorry .. The NJ case was remanded last I heard.
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