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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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#321
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Let's hope one of these two roster challenges seeking preliminary injunctions gets it. |
#323
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Looks to me that they are asking for the whole roster system to be trashed. Is this judge hostile toward the second or is it possible. Sounds like they are really pushing for a decision so they can move up the food chain.
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#324
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“Because plaintiffs have alleged the number of handguns available for purchase on the roster has steadily declined and will continue to decline, plaintiffs sufficiently demonstrate the UHA burdens protected conduct by substantially infringing plaintiffs’ ability to acquire firearms for self-defense,” Sabraw wrote. So I think we have a judge that follows the constitution. Hopefully. We shall see. |
#328
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240+ examples of CCWs Saving Lives. Last edited by Paladin; 12-23-2022 at 8:15 AM.. |
#330
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I don’t follow the guy on the video, but to slam the male judge as a chick based on his name is stupid. Moreover, the sexual identity of the judge is irrelevant. Yay! He applauds himself for correcting the incompetent error. WTF? “I’d rather be corrected than be wrong.”. You can only be corrected if you’re wrong.
Also, if the PI or any injunction on the Roster is approved, the state will include a request that the injunction be stayed when issued. At the same time, the state will file with CA9 for a stay if the trial judge doesn’t support it. (See Benitez and LCMs). Getting a PI isn’t the hot **** issue this guy thinks it is.
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"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; 12-27-2022 at 5:41 PM.. |
#331
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Last edited by abinsinia; 12-27-2022 at 8:02 PM.. |
#332
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#333
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The video clown says Sabraw has ruled the Roster as being unconstitutional. That isn’t what happened. Sabraw was looking at the “3 for 1” roster reduction and indicating that that limited provision might be unconstitutional, if plaintiffs assertions were accepted as fact. His slides even show that. There’s still an argument to be made and the video dude doesn’t get it. Regardless, an injunction will be immediately stayed due to the inability to “unring the bell.”
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"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; 12-27-2022 at 8:45 PM.. |
#334
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I think some people on Youtube fail to appreciate the difference between what is written in a Second Amendment Foundation press release, and what is actually written by the judge in a decision. Some people may also fail to appreciate the difference between what is required to keep a case alive against a motion to dismiss and what is required for an injunction.
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#335
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I'm no lawyer, and I'm smart enough to know that I don't know squat in regards to the chances that a preliminary injunction will be issued that will stop enforcement of the CA Handgun Roster. I don't know if this is a possibility on Feb. 10th, or of it immediately gets stayed by the 9th, or if there is a freedom week, or whatever. Nevertheless, I'm hoping that on Feb. 10th a preliminary injunction is issued. Even if it gets stayed by the 9th then make them do so.
SCOTUS is requiring NY to explain their position on the 3rd in the stay against enforcing their new law. SCOTUS rarely does this in a case that is still pending. If SCOTUS didn't intend to drop this stay they likely wouldn't have bothered taking the case. Maybe Thomas and a few other judges are getting ticked off with courts and legislatures ignoring their rulings. So maybe this CA will follow their Bruen ruling, and the 9th will either get in line, or let them openly defy SCOTUS and we'll see how that goes. |
#336
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#337
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My question may be self answering. If SCOTUS slaps NY for it will that have national implications?
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http://govnews.ca.gov/gov39mail/mail.php ![]() Thank your neighbor and fellow gun owners for passing Prop 63. For that gun control is a winning legislative agenda. https://www.youtube.com/watch?v=Z6Dj8tdSC1A contact the governor https://govnews.ca.gov/gov39mail/mail.php In Memory of Spc Torres May 5th 2006 al-Hillah, Iraq. I will miss you my friend. NRA Life Member. |
#338
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My guess would be that if NY does get slapped by SCOTUS, any other circuits that stays pro-2A rulings will also get emergency challenges from plaintiffs sent straight to SCOTUS as well in hope of getting similar treatment.
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![]() NRA Certified Pistol, Rifle & Refuse To Be A Victim Instructor American Marksman Training Group Visit our American Marksman Facebook Page Diamond Bar CCW Facebook Page ![]() NRA Memberships at Discounted fee |
#339
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https://youtu.be/dzsT35UBZ_w
__________________
![]() DILLIGAF "Never attribute to malice that which can be adequately explained by stupidity, but don't rule out malice" "Once is Happenstance, Twice is Coincidence, Thrice is Enemy Action" "The flak is always heaviest, when you're over the target" |
#340
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This potentially has major ripple effects on the many pending 2A cases in CA, some of which were directly GVR’d by SCOTUS themselves and being fought tooth and nail. If CA and other anti-2A states watch SCOTUS slap down ridiculous stays on injunctions for blatantly unconstitutional 2A laws then they will see that the highest court in the land means business. This is the only way they will be forced to respect the highest court, the recent Bruen decision, and 2A civil rights.
It will take time but this type of help by SCOTUS is needed right now to hammer home the point. Without some active intervention to remind these people of our civil rights we will just keep seeing more and more middle fingers from these states. This action is timely to do just that. |
#341
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#342
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just a psa, everyone needs to list their off roster right now in the handgun sales section, because soon there will be a massive import of out of state handguns into california to capitalize on the end of the roster. all orders made during the time the roster was ended will be fulfilled.
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#343
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It is 100% about Renna. What it means is Justice Sotomayor has challenged the 2nd circuit in a gun case. This is the exact thing we want from the SCOTUS. They are saying, they’re done with 2A shenanigans in the circuit courts. The Ninth is being put on notice with all 2A cases that Text/history is in fact what’s to be used in 2A cases. |
#344
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#345
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#347
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Nope. It’s just as easy and we do it everyday for exempt people and single action revolvers
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#348
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This is why we can't have nice things and threads get all mucked up. |
#349
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If you think a SCOTUS intervention into a 2A carry case doesn’t affect the 9th circuit 2A decisions, you should really think twice before posting and being taken seriously here.
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#350
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What’s the ETA on the PI? ![]()
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240+ examples of CCWs Saving Lives. |
#351
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#353
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I think the plaintiff requested a hearing for the Preliminary Injunction on Feb 10th, according the the document filed. Not sure if that date is happening or what.
https://www.courtlistener.com/docket...&order_by=desc Man, with all these cases moving forward post-Bruen…I think we’re all going to need a lot more popcorn! ![]() |
#354
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__________________
240+ examples of CCWs Saving Lives. Last edited by Paladin; 02-06-2023 at 9:27 AM.. |
#355
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While it's technically possible, it also requires the permission of every participant in the courtroom and that rarely seems to actually occur.
https://www.uscourts.gov/about-feder...treaming-pilot |
#357
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So far Feb 10th Calendar does not list this case: Dana M. Sabraw - Judge of the Southern District of California
https://www.casd.uscourts.gov/Judges/Judge-Info.aspx |
#358
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https://www.casd.uscourts.gov/Judges...raw_021023.pdf |
#359
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#360
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Has anyone decided to go to this hearing today ?
221 West Broadway San Diego, CA 92101 333 West Broadway San Diego, CA 92101 One of these two buildings. Their right across the street from each other. Last edited by abinsinia; 02-10-2023 at 6:00 AM.. |
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