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
  #161  
Old 11-07-2022, 4:20 PM
curtisfong's Avatar
curtisfong curtisfong is offline
Calguns Addict
 
Join Date: Jan 2009
Posts: 6,809
iTrader: 12 / 100%
Default

Now Wiese v Bonta

Order lifting stay of proceedings

10/19/2022 https://assets.nationbuilder.com/fir...pdf?1666223156

status conference continued until January 17, 2023

11/4/2022 https://assets.nationbuilder.com/fir...pdf?1667593919
__________________
The Rifle on the Wall

"“[S]cientific proof” of both gun-rights and gun-control theories “is very hard to get”; therefore, requiring “some substantial scientific proof to show that a [firearm] law will indeed substantially reduce crime and injury” is tantamount to applying strict scrutiny to, and almost certainly will lead to invalidation of, the law." - Kamala Harris

Lawyers and their Stockholm Syndrome

Last edited by curtisfong; 11-07-2022 at 4:23 PM..
Reply With Quote
  #162  
Old 11-07-2022, 4:43 PM
newbieLA newbieLA is offline
Member
 
Join Date: Jul 2018
Posts: 360
iTrader: 12 / 100%
Default

What's the relevance?
Reply With Quote
  #163  
Old 11-07-2022, 6:09 PM
Inoxmark's Avatar
Inoxmark Inoxmark is online now
Senior Member
 
Join Date: Oct 2005
Location: Concord
Posts: 709
iTrader: 20 / 100%
Default

Why is this proceeding still? The main mag capacity case is in Benitez’ hands and we kinda know what ruling to expect from him. Nobody envisions a loss at this stage. Barred some catastrophic change of mind, the decision in Duncan case would be in our favor.
What is the point of dragging along another identical case in front of another judge with questionable outcome? Plaintiff’s inflated ego?

Last edited by Inoxmark; 11-07-2022 at 6:11 PM..
Reply With Quote
  #164  
Old 11-07-2022, 6:30 PM
swift swift is offline
Senior Member
 
Join Date: Feb 2006
Location: San Diego
Posts: 850
iTrader: 38 / 100%
Default

Attorney fees?
Reply With Quote
  #165  
Old 11-08-2022, 11:11 AM
curtisfong's Avatar
curtisfong curtisfong is offline
Calguns Addict
 
Join Date: Jan 2009
Posts: 6,809
iTrader: 12 / 100%
Default

No, there are still claims remaining which were stayed pending Duncan, then Bruen, which have now restarted.
__________________
The Rifle on the Wall

"“[S]cientific proof” of both gun-rights and gun-control theories “is very hard to get”; therefore, requiring “some substantial scientific proof to show that a [firearm] law will indeed substantially reduce crime and injury” is tantamount to applying strict scrutiny to, and almost certainly will lead to invalidation of, the law." - Kamala Harris

Lawyers and their Stockholm Syndrome
Reply With Quote
  #166  
Old 11-28-2022, 5:21 PM
Paladin's Avatar
Paladin Paladin is offline
I need a LIFE!!
 
Join Date: Dec 2005
Location: SFBA
Posts: 12,370
iTrader: 0 / 0%
Default

IIRC Benetez is hearing Duncan, Rhode and Miller on Dec 12. Will he hear Wiese that day too?
Reply With Quote
  #167  
Old 11-29-2022, 7:48 PM
Bhobbs's Avatar
Bhobbs Bhobbs is offline
I need a LIFE!!
 
Join Date: Feb 2009
Location: Chino CA
Posts: 11,267
iTrader: 3 / 100%
Default

I don’t think Wiese is being heard by Benitez.
__________________
Reply With Quote
  #168  
Old 11-29-2022, 8:21 PM
curtisfong's Avatar
curtisfong curtisfong is offline
Calguns Addict
 
Join Date: Jan 2009
Posts: 6,809
iTrader: 12 / 100%
Default

Quote:
Originally Posted by Bhobbs View Post
I don’t think Wiese is being heard by Benitez.
correct. no happy forum shopping result for this case.
__________________
The Rifle on the Wall

"“[S]cientific proof” of both gun-rights and gun-control theories “is very hard to get”; therefore, requiring “some substantial scientific proof to show that a [firearm] law will indeed substantially reduce crime and injury” is tantamount to applying strict scrutiny to, and almost certainly will lead to invalidation of, the law." - Kamala Harris

Lawyers and their Stockholm Syndrome
Reply With Quote
  #169  
Old 12-03-2022, 8:51 AM
Paladin's Avatar
Paladin Paladin is offline
I need a LIFE!!
 
Join Date: Dec 2005
Location: SFBA
Posts: 12,370
iTrader: 0 / 0%
Default

Benitez will be busy enough on Dec 12: his 4th 2A case that day is Fouts (baton case).

Reply With Quote
  #170  
Old 12-17-2022, 4:02 PM
offrdmania's Avatar
offrdmania offrdmania is offline
Veteran Member
 
Join Date: Mar 2008
Location: Central Coast
Posts: 3,846
iTrader: 53 / 100%
Default

No decisions made on the 12th. Its going to be months again before there is a possible ruling
__________________
Quote:
Originally Posted by Unnamed Liberal
"Gator Monroe posts are like a good fart, sometimes they make you laugh but they always stink".
Reply With Quote
  #171  
Old 12-18-2022, 7:01 AM
homelessdude homelessdude is online now
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Aug 2013
Location: inland empire
Posts: 1,778
iTrader: 0 / 0%
Default

About two or three probably. Far better than waiting years. JMO
Reply With Quote
  #172  
Old 01-18-2023, 5:12 PM
Paladin's Avatar
Paladin Paladin is offline
I need a LIFE!!
 
Join Date: Dec 2005
Location: SFBA
Posts: 12,370
iTrader: 0 / 0%
Default

Quote:
Originally Posted by curtisfong View Post
status conference continued until January 17, 2023

11/4/2022 https://assets.nationbuilder.com/fir...pdf?1667593919
Link to docket???

Reply With Quote
  #173  
Old 01-18-2023, 6:07 PM
abinsinia's Avatar
abinsinia abinsinia is online now
Veteran Member
 
Join Date: Feb 2015
Posts: 3,153
iTrader: 1 / 100%
Default

Quote:
Originally Posted by Paladin View Post
Link to docket???

I don't follow this case, but maybe this one,

https://www.courtlistener.com/docket...ese-v-becerra/
Reply With Quote
  #174  
Old 01-18-2023, 9:00 PM
Paladin's Avatar
Paladin Paladin is offline
I need a LIFE!!
 
Join Date: Dec 2005
Location: SFBA
Posts: 12,370
iTrader: 0 / 0%
Default

Quote:
Originally Posted by abinsinia View Post
I don't follow this case, but maybe this one,

https://www.courtlistener.com/docket...ese-v-becerra/
THANK YOU!!!

Quote:
ORDER signed by Senior Judge William B. Shubb on 01/13/23 VACATING the 01/17/23 Status Conference.


More delay….
Reply With Quote
  #175  
Old 01-18-2023, 9:02 PM
curtisfong's Avatar
curtisfong curtisfong is offline
Calguns Addict
 
Join Date: Jan 2009
Posts: 6,809
iTrader: 12 / 100%
Default

Well. That's interesting
Quote:
The court previously lifted the stay in this case after
the Supreme Court vacated the judgment in Duncan v. Bonta, No.
19-55376, and the Ninth Circuit remanded Duncan for further
proceedings consistent with New York State Rifle & Pistol Ass’n,
Inc. v Bruen, 142 S. Ct. 2111 (2022). (Docket No. 116.) The
court notes that plaintiffs wish to move for summary judgment
forthwith without any discovery, while defendants seek expert and
fact discovery before the parties file cross motions for summary
judgment. (Docket No. 115.)
Having considered the parties’ positions, the court
will allow plaintiffs to file their motion for summary judgment
forthwith. The court will then consider request under Federal
Rule of Civil Procedure 56(d) after plaintiffs’ motion for
summary judgment has been filed, should defendants feel discovery
is necessary to respond to plaintiffs’ motion.
The January 17, 2023 status conference is hereby
VACATED.
__________________
The Rifle on the Wall

"“[S]cientific proof” of both gun-rights and gun-control theories “is very hard to get”; therefore, requiring “some substantial scientific proof to show that a [firearm] law will indeed substantially reduce crime and injury” is tantamount to applying strict scrutiny to, and almost certainly will lead to invalidation of, the law." - Kamala Harris

Lawyers and their Stockholm Syndrome
Reply With Quote
  #176  
Old 01-19-2023, 6:13 AM
alowercaseq alowercaseq is offline
Junior Member
 
Join Date: Dec 2007
Posts: 15
iTrader: 0 / 0%
Default

Not a delay, per se. Sounds like the judge struck middle ground preempting the need for that status conference. Still a chance it goes back to discovery after motion is filed, but gives plaintiffs an opportunity to tailor to avoid the need, if they choose.
Reply With Quote
  #177  
Old 01-19-2023, 7:02 AM
Dvrjon's Avatar
Dvrjon Dvrjon is offline
CGN/CGSSA Contributor - Lifetime
CGN Contributor - Lifetime
 
Join Date: Nov 2012
Posts: 10,430
iTrader: 0 / 0%
Default

Plaintiffs (us): “Here are complete spreadsheets provided by defendant in another venue proving there is no Text, History or Tradition to support their position.”

Bonta:
__________________
"People say nothing is impossible, but I do nothing every day.”
"Nothing is foolproof to a sufficiently-talented fool."
"The things that come to those who wait may well be the things left by those who got there first."
Reply With Quote
  #178  
Old 01-19-2023, 7:14 AM
Drivedabizness's Avatar
Drivedabizness Drivedabizness is offline
Senior Member
 
Join Date: Dec 2009
Location: Nevada City, CA
Posts: 2,320
iTrader: 5 / 100%
Default

Quote:
Originally Posted by Dvrjon View Post
Plaintiffs (us): “Here are complete spreadsheets provided by defendant in another venue proving there is no Text, History or Tradition to support their position.”

Bonta:
^^^this^^^
__________________
Proud CGN Contributor
USMC Pistol Team Alumni - Distinguished Pistol Shot
Owner of multiple Constitutionally protected tools
Reply With Quote
  #179  
Old 01-19-2023, 10:51 AM
WithinReason WithinReason is offline
Member
 
Join Date: Jan 2013
Posts: 360
iTrader: 9 / 100%
Default

So, what is likely to happen next?
Reply With Quote
  #180  
Old 01-19-2023, 1:27 PM
Bhobbs's Avatar
Bhobbs Bhobbs is offline
I need a LIFE!!
 
Join Date: Feb 2009
Location: Chino CA
Posts: 11,267
iTrader: 3 / 100%
Default

I’m surprised this case is moving forward at all with Duncan being ahead of it.
__________________
Reply With Quote
  #181  
Old 04-01-2023, 10:36 AM
BlueOvalBandit BlueOvalBandit is offline
Member
 
Join Date: Sep 2011
Location: Anaheim
Posts: 115
iTrader: 4 / 100%
Default

Some movement in this

https://www.courtlistener.com/docket...ese-v-becerra/

Honestly I had forgotten about this case. Washington Gun Law did a quick 6 min blurb video.

Sent from my Pixel 6a using Tapatalk
Reply With Quote
  #182  
Old 04-01-2023, 10:40 AM
gobler's Avatar
gobler gobler is offline
Veteran Member
 
Join Date: Mar 2010
Location: SGV near Azusa
Posts: 3,299
iTrader: 1 / 100%
Default

Quote:
Originally Posted by BlueOvalBandit View Post
Some movement in this

https://www.courtlistener.com/docket...ese-v-becerra/

Honestly I had forgotten about this case. Washington Gun Law did a quick 6 min blurb video.

Sent from my Pixel 6a using Tapatalk
I was about to post WGL's video on this.. yeah, I blanked when he first mentioned this case..

Sent from my SM-G998U using Tapatalk
__________________
Quote:
200 bullets at a time......
http://img.villagephotos.com/p/2003-5/198981/life01.jpg

Subscribe to my YouTube channel ---->http://www.youtube.com/user/2A4USA
Reply With Quote
  #183  
Old 04-01-2023, 11:09 AM
Dvrjon's Avatar
Dvrjon Dvrjon is offline
CGN/CGSSA Contributor - Lifetime
CGN Contributor - Lifetime
 
Join Date: Nov 2012
Posts: 10,430
iTrader: 0 / 0%
Default

Notice of Motion: July 10 Deadline.

Quote:
…on July 10, 2023, at 1:30 p.m., in Courtroom 5, 14th Floor of the United States District Court, [] 501 I Street, Sacramento, plaintiffs[]will and hereby move the Court for an order granting them summary judgement in their favor[]
Memorandum of Points and Authorities
__________________
"People say nothing is impossible, but I do nothing every day.”
"Nothing is foolproof to a sufficiently-talented fool."
"The things that come to those who wait may well be the things left by those who got there first."

Last edited by Dvrjon; 04-01-2023 at 11:15 AM..
Reply With Quote
  #184  
Old 05-19-2023, 9:20 AM
rman's Avatar
rman rman is offline
Senior Member
 
Join Date: Dec 2012
Location: San Diego County
Posts: 2,268
iTrader: 22 / 100%
Default

what is the current 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 5:27 PM.




Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2023, 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 2002-2021, Calguns.net an Incorporated Company All Rights Reserved.
All opinions, statements and remarks made by Calguns.net on this web site and elsewhere are solely attributable to Calguns.net.



Seams2SewBySusy