Rupp v Becerra (AWCA): 6-28-22 9th Vacates and remands to TC/DC

[Sputnik]

Originally Posted by cockedandglocked

A watched pot never boils chickens before they're hatched

But will a watched chicken ever boil it's eggs?
I have my fingers crossed for both this case and the one in front of judge Benitez but I'm keeping my eggs out of the pot and in the basket til we get a final resolution to our California problem.

[FirearmFino]

BRIEF OF AMICI CURIAE FIREARMS POLICY COALITION, FIREARMS POLICY FOUNDATION, SECOND AMENDMENT FOUNDATION, MADISON SOCIETY FOUNDATION, CALIFORNIA GUN RIGHTS FOUNDATION, AND INDEPENDENCE INSTITUTE IN SUPPORT OF APPELLANTS AND REVERSAL

Also, when I try going to the Rupp page on the Michel & Associates website, it says "This content is password protected".

[aBrowningfan]

Originally Posted by FirearmFino

BRIEF OF AMICI CURIAE FIREARMS POLICY COALITION, FIREARMS POLICY FOUNDATION, SECOND AMENDMENT FOUNDATION, MADISON SOCIETY FOUNDATION, CALIFORNIA GUN RIGHTS FOUNDATION, AND INDEPENDENCE INSTITUTE IN SUPPORT OF APPELLANTS AND REVERSAL

Also, when I try going to the Rupp page on the Michel & Associates website, it says "This content is password protected".

Out of curiosity, how are you accessing content if the Michel & Associates website is password protected? PACER? Or? If PACER, thank you for your investment in downloading the content.

[FirearmFino]

Originally Posted by aBrowningfan

Out of curiosity, how are you accessing content if the Michel & Associates website is password protected? PACER? Or? If PACER, thank you for your investment in downloading the content.

The Rupp page was still working when the opening brief was posted. The amicus brief I posted is from the FPC's website. Michel's other pages (like Duncan v. Becerra) are still working. Does anyone know why they changed it?

[wolfwood]

https://www.scribd.com/document/4465...F-Amicus-Brief

here is the nssf amicus brief

[FirearmFino]

Michel's Rupp page is working again.

Appellants’ Opening Brief

Amicus Brief of National African American Gun Association, Inc. in Support of Appellants

Amicus Brief of National Shooting Sports Foundation, Inc. in Support of Appellants

Amicus Brief of Pink Pistols in Support of Appellants

Amicus Brief of Firearms Policy Coalition, Firearms Policy Foundation, Second Amendment Foundation, Madison Society Foundation, California Gun Rights Foundation, and Independence Institute in Support of Appellants

Docket Text: Streamlined request by Appellee Xavier Becerra to extend time to file the brief is approved. Amended briefing schedule: Appellee Xavier Becerra answering brief due 03/27/2020. The optional reply brief is due 21 days from the date of service of the answering brief.

[aBrowningfan]

Originally Posted by FirearmFino

Docket Text: Streamlined request by Appellee Xavier Becerra to extend time to file the brief is approved. Amended briefing schedule: Appellee Xavier Becerra answering brief due 03/27/2020. The optional reply brief is due 21 days from the date of service of the answering brief.

Wow, 1/6/2020 got extended to 3/27/2020... That certainly is more than 2 weeks!

[Fyathyrio]

David Kopel has a good summary of this case over at The Volokh Conspiracy.

[wolfmann]

One reason I like Palmetto State is they have said many times why they sell at discount,they want to make these arms Common Use firearms and moot the argument over what is common use,from the amount they sell I say they have a pretty good argument.

[1911su16b870]

Originally Posted by Fyathyrio

David Kopel has a good summary of this case over at The Volokh Conspiracy.

So...

David Kopel ends with: The Court has never once indicated that interest-balancing—such as a heightened scrutiny analysis
—is appropriate. For arms prohibitions, the Court has twice expressly rejected such an approach. Heller, 554 U.S. at 628–35; McDonald, 561 U.S. at
785. Under direct and recent Supreme Court precedent, the California rifle ban is unconstitutional.

[Steve1968LS2]

Originally Posted by Fyathyrio

David Kopel has a good summary of this case over at The Volokh Conspiracy.

Thank you!

I might die of old age before this works it's way through all the courts.. ha

[aBrowningfan]

Originally Posted by Steve1968LS2

Thank you!

I might die of old age before this works it's way through all the courts.. ha

Depending on wording of a PI, you might get some relief in the not too distant future. And then there is a potential freedom week once the ruling issues.

[Battosai1]

wake me up when the shooting starts.

[kuug]

I haven't been tracking this case as closely as Miller. When are orals scheduled for this case?

[Brentzig]

3/27, I believe

[kuug]

Originally Posted by Brentzig

3/27, I believe

That appears to be the due date for the briefs, no?

[Brentzig]

Oops, you’re correct.

[_jb_]

Originally Posted by wolfmann

One reason I like Palmetto State is they have said many times why they sell at discount,they want to make these arms Common Use firearms and moot the argument over what is common use,from the amount they sell I say they have a pretty good argument.

This is my argument against those who buy and sell California compliant AR components. Since parasitic vendors leaped at the opportunity to flood the market, and some Californians capitulated, there is a risk (however small) that the argument can be made that CA compliant hardware is now “commonly owned”.


Sent from my iPhone using Tapatalk

[kuug]

Originally Posted by _jb_

This is my argument against those who buy and sell California compliant AR components. Since parasitic vendors leaped at the opportunity to flood the market, and some Californians capitulated, there is a risk (however small) that the argument can be made that CA compliant hardware is now “commonly owned”.


Sent from my iPhone using Tapatalk

Using that line of reasoning only enhances AR15 protections as AR15s in standard configurations are sold in many orders of magnitude over featureless CA compliant ARs. The only line of reasoning that gets these subversives what they want is that semiautomatic rifles are dangerous and unusual.

[wolfwood]

03/25/2020
Updated deadlines. Automatic 60 day extension Re: Notice Covid 19 (Docket Entry No. ) Appellee Xavier Becerra answering brief due 05/27/2020. The optional reply brief is due 21 days after service of the answering brief. [11641063] (EU)

[gobler]

Originally Posted by wolfwood

03/25/2020
Updated deadlines. Automatic 60 day extension Re: Notice Covid 19 (Docket Entry No. ) Appellee Xavier Becerra answering brief due 05/27/2020. The optional reply brief is due 21 days after service of the answering brief. [11641063] (EU)

This is such BS. I'm really getting tired of delay after delay after delay. How friggen hard is it to read a simple text with clear language with the last part being " Shall NOT be Infringed"?!!

[kuug]

Originally Posted by wolfwood

03/25/2020
Updated deadlines. Automatic 60 day extension Re: Notice Covid 19 (Docket Entry No. ) Appellee Xavier Becerra answering brief due 05/27/2020. The optional reply brief is due 21 days after service of the answering brief. [11641063] (EU)

Ignore me I thought this was Miller for a second. That is still an incredibly long wait

[FirearmFino]

ANSWERING BRIEF OF DEFENDANT-APPELLEE XAVIER BECERRA, CALIFORNIA ATTORNEY GENERAL

[aBrowningfan]

Originally Posted by FirearmFino

ANSWERING BRIEF OF DEFENDANT-APPELLEE XAVIER BECERRA, CALIFORNIA ATTORNEY GENERAL

A study in how to be disingenuous right up to just before the point of an outright lie. For example: "First, the assault rifles at issue here are essentially the same as M-16 rifles..." (page 17, three lines from the bottom of the page) Oh please. There really needs to be a penalty for publishing a lie.

[memeware]

The primary difference between the M-16 and assault rifles is that the
M-16 is a select-fire rifle, meaning that the shooter can elect to fire in either
automatic or semiautomatic mode, while the assault rifle allows fire only in
semiautomatic mode. See Staples, 511 U.S. at 603; ER 4527; ER 3872:3-13
(Pls.’ Expert Stephen Helsley). This is not a material difference. While
semiautomatic rifles fire only one shot with each pull of the trigger, they can
“still fire almost as rapidly as automatics.” 6
Heller II, 670 F.3d at 1263.


So does this mean we can have automatic weapons? This is absolutely ridiculous, focusing on ergonomic/cosmetic rifle features and and reducing the functional difference as "not a material difference".

I haven't been following this case but a quick read of this shows many factual errors and abject lies (as the poster above me pointed out). I really hope the legal team for our side can really pick this apart and that judges actually read it.

[iMigraine]

Originally Posted by memeware

So does this mean we can have automatic weapons? This is absolutely ridiculous, focusing on ergonomic/cosmetic rifle features and and reducing the functional difference as "not a material difference".

[SmallShark]

While semiautomatic rifles fire only one shot with each pull of the trigger, they can “still fire almost as rapidly as automatics"

holy ****, i have full autos and i didnt even know

[wolfwood]

This case is being considered for an upcoming oral argument calendar in PasadenaPlease review the Pasadena sitting dates for October 2020 and the 2 subsequent sitting months in that location at http://www.ca9.uscourts.gov/court_sessions. If you have an unavoidable conflict on any of the dates, please file Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions carefully.When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice, using CM/ECF (Type of Document: Correspondence to Court; Subject: request for mediation).[11726575]. [19-56004] (AW)

[Maccdaddy61]

Thank you for the information

[Steve1968LS2]

UPDATE:

On July 16, we filed the Reply Brief in the appeal case. You may view all documents filed in the case here: https://michellawyers.com/rupp-v-becerra/



I’ll let you know when the date for Oral Argument is set.

If you have any questions or concerns, please feel free to contact us.

Best regards,

[FirearmFino]

Appellants’ Reply Brief

[Uncivil Engineer]

Originally Posted by SmallShark

While semiautomatic rifles fire only one shot with each pull of the trigger, they can “still fire almost as rapidly as automatics"

holy ****, i have full autos and i didnt even know

I really hope out side shows up with a AR lower with a trigger pull counter inside.

"Almost as fast as full auto, ... Ok take this lower and let's give you the benefit of the doubt. Please pull the trigger 11 times in a second. Take as long as you need".

[Steve1968LS2]

I found this line amusing:

While the State relies on another circuit’s opinion to claim that it is Appellants’ burden to show that the Banned Rifles are not “dangerous and unusual,” State’s Br. 30, Heller decisively places the burden on the State to show that they are, 554 U.S. at 582 (noting that the Second Amendment extends “prima facie, to all instruments that constitute bearable arms”).
In any event,Appellants have put forth ample evidence to prove that Banned Rifles are not only extremely popular among the law-abiding American public (not “unusual”) but that the features that qualify them as prohibited facilitate the safe use of a rifle, improving public safety (not “dangerous”).The State, on the other hand, has put forth platitudes, innuendo, and mostly unreliable, third-party evidence.

[FirearmFino]

Filed earlier today:

Notice of Oral Argument on Thursday, October 8, 2020 - 09:00 A.M. - Courtroom 3 - Scheduled Location: Pasadena CA.

[steelrain82]

I donate to the fight when I can. However, at time I feel drained. It almost feels like "What's the point?" We win a small battle for it to be appealed. We lose at the 9th and then the supreme court takes an even bigger **** by throwing it all out the window. Unlike every other amendment, if we were to use actually use our right in the manner in which it was designed, we would be labeled as terrorist and extremist. Since the court doesn't seem to work like it should, the court of public opinion would destroy those who stood up against the government in order to stop this oppression and states would strike back with even more ridiculous laws. I'm tired of being nickel and dimed only to be dealt a defeat on anything meaningful, at least in the 9th circuit.

Having said all this, I will be donating as soon as pay day comes around. Because even a victory for five minutes will allow us to drop bullet buttons, and allow those of us with our current rifles/pistols an opportunity to have some small amount of freedom.

[Uxi]

Originally Posted by steelrain82

I donate to the fight when I can. However, at time I feel drained. It almost feels like "What's the point?"

I definitely feel this. I'm almost worn out and feels like throwing good money after bad which is probably the point of their scorched Earth tactics. Every time I have a foot out of the door of this ****hole State, I get a better job or big raise... this won't last forever, though.

[aBrowningfan]

Originally Posted by Uxi

I definitely feel this. I'm almost worn out and feels like throwing good money after bad which is probably the point of their scorched Earth tactics. Every time I have a foot out of the door of this ****hole State, I get a better job or big raise... this won't last forever, though.

Hahaha - Hotel California, you can check in but never leave...

[Haplo]

Originally Posted by aBrowningfan

Out of curiosity, how are you accessing content if the Michel & Associates website is password protected? PACER? Or? If PACER, thank you for your investment in downloading the content.

You automatically get $15 free access per quarter on PACER, unless that has changed recently.

[FirearmFino]

Originally Posted by Haplo

You automatically get $15 free access per quarter on PACER, unless that has changed recently.

That has recently changed to $30, but if you go over that, you have to pay the full amount.

[aBrowningfan]

Originally Posted by FirearmFino

That has recently changed to $30, but if you go over that, you have to pay the full amount.

Download a few briefs, and you are over even the $30 threshold. Probably should move briefs to a pdf server with unlimited downloads, like what is done for published decisions.