Thread Collecting Post-Bruen Case Updates

[CommieforniaResident]

Figured I'd start a thread to collect and organize the status of all 9th Circuit 2A cases following Bruen. Please post a short summary of the case as well as the action taken by the court or a motion by a party in light of Bruen (e.g, Order for further briefing; Preliminary injunction hearings scheduled; etc.). Please link the order or docket page. You can post new lawsuits or demand letters as well.

[CommieforniaResident]

Since there haven't been any other contributions yet, I'll start.

Case: Rhode v. Becerra (3:18-cv-00802)
Cause of Action: Challenge to CA Prop. 63 ammo fees, background check, and ammo import laws
Post-Bruen Action:
6/24/22 - Order for parties to file supplemental briefings regarding effect of Bruen

[CommieforniaResident]

Case: Rupp v. Becerra (8:17-cv-00746)
Cause of Action: Challenge to CA Assault Weapons Laws
Post-Bruen Action
6/24/22 - None
6/28/22 - 9th Circuit remands case back to the District Court to reconsider in light of Bruen. Note that the District Court's initial pre-Bruen ruling found that an assault weapons ban "does not burden conduct protected by the
Second Amendment" under the first step in the 9th Circuit's two-step analysis.

[CommieforniaResident]

Case: Young v. Hawaii (1:12-cv-00336)
Cause of Action: Challenge to Hawaii's Open Carry Ban
Post-Bruen Action:
6/24/22 - None
6/30/22 - SCOTUS sends case back to 9th Circuit en banc to reconsider in light of Bruen
6/30/22 - Motion filed for summary reversal in favor of Young.

[CommieforniaResident]

Case: Jones v. Becerra (3:19-cv-01226)
Cause of Action: Challenge to CA's 18-21 Firearm Purchase Restrictions
Post-Bruen Action:
6/24/22 - None

[CommieforniaResident]

Case: Duncan v. Becerra (3:17-cv-01017)
Cause of Action: Challenge to CA's magazine-capacity restrictions
Post-Bruen Action:
6/24/22 - None
6/30/22 - SCOTUS sends case back to 9th Circuit en banc to reconsider in light of Bruen

[CommieforniaResident]

Case: Nguyen v. Bonta (3:20-cv-02470)
Cause of Action: Challenge to California's 1-in-30 day purchase restrictions
Post-Bruen Action:
6/24/22 - None
6/30/22 - Court asks for supplemental briefings in light of Bruen

[flyer898]

I think think this is a potentially very important thread. I am also concerned about cluttering the thread. It looks like OP will be able to edit his posts based on developments in the cases reported by list members and from other sources.
Someone will be able to visit the thread, get up to date on the cases in the first page or two, and then read the gossip.
Kudos to OP for taking this on.

[CommieforniaResident]

Originally Posted by flyer898

I think think this is a potentially very important thread. I am also concerned about cluttering the thread. It looks like OP will be able to edit his posts based on developments in the cases reported by list members and from other sources.
Someone will be able to visit the thread, get up to date on the cases in the first page or two, and then read the gossip.
Kudos to OP for taking this on.

Thanks. I'll reserve a couple posts below this to put updates as to other cases and let everyone post updates/discuss below.

If a mod sees this thread, can we please get it sticky-ed? I'll try and keep it up to date.

[CommieforniaResident]

Case: Renna v. Becerra (3:20-cv-02190)
Cause of Action: Challenge to CA safe-handgun roster and ban on self-manufacture of non-rostered handguns
Post-Bruen Action:
6/24/22 - None

[CommieforniaResident]

Case: Miller v. Becerra/Bonta (3:19-cv-01537)[/URL]
Cause of Action: Challenge to CA Assault Weapon Laws
Post-Bruen Action:
6/28/22 - None. Note that this case was previously stayed pending the resolution of Rupp v. Bonta in the 9th Circuit. The 9th Circuit, on 6/28/22, sent Rupp back to the District Court.

6/30/22 - Motion requesting Ninth Circuit court to lift stay filed, asking court to allow district court's judgment against CA assault weapons law to take effect.

7/11/22 - Opposition to Motion to Lift Stay and Motion to Vacate and Remand for Further Proceedings

7/12/22 - Parties’ Joint Status Report

7/18/22 - Plaintiffs-Appellees’ Reply to Defendants-Appellants’ Opposition to Lift Stay

[CommieforniaResident]

RESERVED

[CommieforniaResident]

RESERVED FOR OTHER CASES

[CommieforniaResident]

FINAL RESERVED POST

[abinsinia]

https://www.calguns.net/calgunforum/....php?t=1665656

Renna v Becerra - US Dist Ct So Cal, 11/2020 (Roster aka Pena II)

[HowardW56]

This is simpler

https://airtable.com/shrcrC5FsedZqIi...7AX9876GOWN0dN

[CommieforniaResident]

Originally Posted by HowardW56

This is simpler

https://airtable.com/shrcrC5FsedZqIi...7AX9876GOWN0dN

I saw that and it's a good resource, but it has two problems as far as I can tell:

1. The docket linked goes to the Michel Lawyers website; it's a good resource as well but it's not kept up to date like the CourtListener/Pacer/Recap docket, meaning the information on the Airtable itself can be a bit out-of-date.
2. The information there is not specific enough as to current actions--knowing the court ordered briefings re. Bruen is more useful than "Open" or "On hold." It's also not particularly specific as to the issue--"Hunting" doesn't really tell me what the case is about.

[moleculo]

Originally Posted by HowardW56

This is simpler

https://airtable.com/shrcrC5FsedZqIi...7AX9876GOWN0dN

I refuse to click on links or use resources promoted by either FPC or CGRF. The Bruen case proved the point that many of us made over the list 10+ years about how much of a sham the Brandon Combs organizations are and how badly he and Gene Hoffman botched the management and spending of funds that eager pro 2A Californians contributed to their misguided lawsuits.

Anyone associated with those two organizations can GTFO, as far as I'm concerned. Others are free to have a differing opinion.

[CommieforniaResident]

Bump: Update provided for Rupp v. Becerra. Added Miller v. Bonta.

[abinsinia]

Bunch of cases just got scheduled for conference 6/29/2022.

Young
Duncan
Bianchi
NJRPC

[abinsinia]

They deleted the entry to distribute the Duncan case.

EDIT: was re-added after getting deleted.

[CommieforniaResident]

Originally Posted by abinsinia

They deleted the entry to distribute the Duncan case.

That's not what the docket shows as of 6/29/22 11:34 AM: "Jun 29 2022 DISTRIBUTED for Conference of 6/29/2022."

[NorCalRT]

Originally Posted by CommieforniaResident

Case: Rupp v. Becerra (8:17-cv-00746)
Cause of Action: Challenge to CA Assault Weapons Laws
Post-Bruen Action
6/24/22 - None
6/28/22 - 9th Circuit remands case back to the District Court to reconsider in light of Bruen. Note that the District Court's initial pre-Bruen ruling found that an assault weapons ban "does not burden conduct protected by the
Second Amendment" under the first step in the 9th Circuit's two-step analysis.

Wonder what the new scrutiny section will say, the old one did not age well

Plaintiffs devote a significant portion of their
briefing to arguing that the AWCA violates the Second Amendment under a “scope-based
analysis” derived largely from then-Judge Kavanaugh’s dissent in Heller v. District of
Columbia (Heller II) Essentially, Plaintiffs’ proposed test requires
a “historical justification” for firearm regulations. If there is no historical
justification, the regulation is per se invalid. The Court rejects Plaintiffs’ proposed
test for two reasons. First, it does not find it persuasive for the reasons expressed by the
majority opinion in Heller II. (“If the Supreme Court truly intended
to rule out any form of heightened scrutiny for all Second Amendment cases, then it surely
would have said at least something to that effect.")

[abinsinia]

Originally Posted by CommieforniaResident

That's not what the docket shows as of 6/29/22 11:34 AM: "Jun 29 2022 DISTRIBUTED for Conference of 6/29/2022."

They added it back 30min's later. Refer to the specific case thread for more detailed information.

[NorCalRT]

https://twitter.com/2Aupdates/status...33471602593795

McDougall v. Ventura County (9th Circuit): En banc Ninth Circuit vacates judgment in lawsuit challenging COVID gun store and range closures and remands it to the district court in light of NYSRPA v. Bruen.

[ShadowGuy]

Order list at 7:45 am PT.

[Bbonez]

https://www.supremecourt.gov/orders/...22zor_5he6.pdf

[NorCalRT]

Originally Posted by Bbonez

https://www.supremecourt.gov/orders/...22zor_5he6.pdf

Quick run down, ANJRPC v. Buck (magazine case), Duncan v. Bonta (magazine case), Bianchi v. Frosh (assault weapons case), Young v. Hawaii (open carry case), all GVR'd

[ΜΟΛΩΝ ΛΑΒΕ]

The orders list basically says ANJRPC v. Buck (magazine case), Duncan v. Bonta (magazine case), Bianchi v. Frosh (assault weapons case), Young v. Hawaii (open carry case), have all been GVR'd and go back to Courts of Appeals to be decided in accords with NYSRPA v. Bruen.

[CommieforniaResident]

Originally Posted by ΜΟΛΩΝ ΛΑΒΕ

The orders list basically says ANJRPC v. Buck (magazine case), Duncan v. Bonta (magazine case), Bianchi v. Frosh (assault weapons case), Young v. Hawaii (open carry case), have all been GVR'd and go back to Courts of Appeals to be decided in accords with NYSRPA v. Bruen.

Posts updated.

[rplaw]

Originally Posted by NorCalRT

Wonder what the new scrutiny section will say, the old one did not age well

It almost looks like the Supremes read that part and said; Hmmm...

[Ocdlaw]

Yes. that analysis that the Assault Weapons Ban does not implicate Second Amendment rights because, essentially, there is no difference between an AR-15 and an M-16 regardless of the second step was ridiculous.

[timdps]

Seems like you might want to add the ANJRPC v. Buck (magazine case) and Bianchi v. Frosh cases, even though they are not specifically CA cases?

T

[CommieforniaResident]

Originally Posted by timdps

Seems like you might want to add the ANJRPC v. Buck (magazine case) and Bianchi v. Frosh cases, even though they are not specifically CA cases?

T

They are outside the Ninth Circuit so even a positive and final decision there won't affect us. Cases in other 9th Circuit states like HI and WA are relevant since a federal appellate decision there will affect CA law, but not a decision for NJ or Maryland.

[CommieforniaResident]

Originally Posted by mrrabbit

Does anyone else here besides me have the class to add Nichols?

Or will this be another thread where everything but the Nichols case is acknowledged?

I'm going to let someone else do it just to find out. Paladin perhaps?

=8-)

I'm unfamiliar with that case. Can you post the caption? I'll add it if it's a 9th Circuit appellate case or a 9th District Court case that's issuing an injunction or a TRO. Also, I'm not adding right to carry cases here based on good cause requirements, but will for challenges to good moral character/psych. testing/etc. since the CA AG made clear good cause won't be enforced.

[CommieforniaResident]

Originally Posted by mrrabbit

I'll put it to you this way...

You are likely the third person here who has tried to put a together a case tracker thread...

...and like the first two, ignore Nichols and Zeleny.

And none other than Gun Owners California does the same.

At least Michel is professional enough to inlude it on his listing.

There is no way in hell that people can be aware of Young v. Hawaii and Flanagan v. Harris and NOT be aware of Nichols v. (Brown, Harris, Becerra, etc.)

There's a triple reason for it.

=8-(

Just looked it up. It looks like Nichols v. Newsom is an open carry case in CA. I'll add this to the thread since you seem so insistent on it and perhaps others want to know what's going on there.

[CommieforniaResident]

Originally Posted by mrrabbit

https://casetext.com/case/zeleny-v-newsom

Also, Zeleny v. Newsom

A combo case (1A / 2A) that has turned into something of hot glue to local authorities. Everything they try to do get rid of him, everything to do to try to get his case dismissed or motions dismissed...just don't seem to get anywhere.

=8-|

That looks like a very interesting combination of a 1A and 2A case. And it actually looks like he just got a million bucks. Definitely feel free to create a post and keep it updated under this thread!

[SilveradoColt21]

Is there no case for a challenge on the CA gun roster?

[abinsinia]

Originally Posted by SilveradoColt21

Is there no case for a challenge on the CA gun roster?

Renne in post #10

[Lanejsl]

Originally Posted by abinsinia

Renne in post #10

Conference scheduled for 7/29