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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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Rhode v. Becerra (Challenge to CA Ammo Sales) - ORAL ARGS at 9th 11-9-2020
STATUS - newest events at the top. Jan 31 2024 - unconstitutional, enjoined https://michellawyers.com/wp-content...1-Decision.pdf July 17, 2023 Quote:
Michel & Associates case link: https://michellawyers.com/rhode-v-becerra/ Court of Appeals Case No.: 20-55437 District Court Case No.: 3:18-cv-00802-BEN-JLB[/CENTER] District Court Case 2022 7-18-2023 Preliminary injunction hearing 9th Circuit Case: 20-55437 Quote:
https://michellawyers.com/wp-content...-Remanding.pdf 06/12/2020 11-17-2022 8-30-2020 Oral arguments at 9th Circuit 11-9-2020 7-31-20 Appellees' answering brief https://michellawyers.com/wp-content...ring-Brief.pdf 6-12-20 Appellant's (state) opening brief to the 9th - https://michellawyers.com/wp-content...ning-Brief.pdf Quote:
9th grants the stay of the preliminary injunction, resolving the earlier 'administrative' stay https://www.courtlistener.com/recap/...71335.68.0.pdf 4-24-20 // Librarian 9th grants the stay - https://www.courtlistener.com/recap/...71335.66.0.pdf This one was 'administrative', no merits evaluated. Becerra appeals to the 9th for a stay. Judge Benitez denies the stay - https://michellawyers.com/wp-content...tn-to-Stay.pdf Much to anyone's surprise (/sarcasm) Becerra files for a stay - https://michellawyers.com/wp-content...anting-MPI.pdf 4-23-20 // Librarian Injunction - https://michellawyers.com/wp-content...anting-MPI.pdf Quote:
=========================== 2018 ============================ For immediate release: CRPA LEGAL TEAM FILES FEDERAL LAWSUIT CHALLENGING CALIFORNIA?S AMMUNITION SALE RESTRICTIONS On Thursday, April 26, the California Rifle & Pistol Association, working with the experts and legal scholars at the NRA, filed an important lawsuit challenging California?s restrictions regarding the sale or transfer of ammunition. These restrictions, enacted in 2016 as part of the ?Gunmageddon? bills and Proposition 63, require all ammunition sales and transfers to be conducted via face-to-face transactions at California licensed firearm dealers or licensed ammunition vendors. And beginning July 1, 2019, all ammunition purchasers will be required to pass a background check before taking delivery of any ammunition. Leading the lawsuit is Kim Rhode, a six-time Olympic medal winner who uses specialized ammunition approved by the International Shooting Sport Federation during the competitions she participates in. Joining her are several other law-abiding California gun owners and the following out of state businesses who can no longer ship ammunition directly to their California customers:
The lawsuit, titled Rhode v. Becerra, challenges the California?s new ammunition sales restrictions as a violation of the Second Amendment, Commerce Clause, and Equal Protection Clause of the United States Constitution. The lawsuit also challenges the restrictions as being preempted by the Firearm Owner?s Protection Act. The filing of Rhode marks the fourth lawsuit filed challenging the provisions of Proposition 63 and the other ?Gunmageddon? gun control bills. Once such lawsuit, titled Duncan v. Becerra, has already succeeded in obtaining an important injunction against Proposition 63?s ban on the possession of magazines capable of holding more than ten rounds. The other two lawsuits, titled Rupp v. Becerra and Villanueva v. Becerra (both of which challenge California?s ?assault weapon? restrictions and registration requirements), are also seeking injunctions while those lawsuits are pending. Help Us Protect the Right to Keep and Bear Arms NRA and CRPA are not standing idly by as California?s new firearm restrictions begin to take effect, but WE NEED YOU to help us turn the tide. CRPA?s Grassroots (GO) project needs individuals to be the voices for the right to keep and bear arms in local communities. To learn more about how you can help in these efforts, visit https://www.crpa.org/programs/volunteers-grassroots/ or send an email to volunteer@crpa.org. To stay informed on the Rhode case, as well as the other ?Gunmageddon? lawsuits and other important Second Amendment issues here in California and throughout the nation, make sure you are subscribed to NRA and CRPA email alerts. And be sure to visit the NRA-ILA California dedicated webpage at www.StandAndFightCalifornia.com and the newly redesigned CRPA website at www.CRPA.org.
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NRA Certified Instructor- Pistol, Rifle, PPITH, PPOTH, Metallic Cartridge Reloading, Home Firearm Safety, Refuse to be a Victim NRA Range Safety Officer NRA Patriot Life Member - Benefactor Level CRPA Life Member CGN/CGSSA Contributor Last edited by Librarian; 08-31-2020 at 9:52 PM.. |
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Good deal, thanks for the update. Now if we can get injunctions for all of them...
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The deterioration of every government begins with the decay of the principles on which it was founded. Charles-Louis de Secondat (1689-1755) Baron de Montesquieu In America, freedom and justice have always come from the ballot box, the jury box, and when that fails, the cartridge box. Steve Symms, ex-U.S. Senator, Idaho |
#4
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For the frequent critics, note that the suit seems to cover a broad front often omitted:
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
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Yep, glad they included the commerce clause.
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My God, even the Conservatives are liberal in the messed up State |
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Wahoo! Thanks for fighting the good fight!
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God may have made men, but Samuel Colt made them equal. Send me pics of your: Colt Detective Special, AMT Hardballer, pre-64 Winchester Model 70. I'm looking for them. |
#7
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Awesome! Go get 'em, boys!
That's great that you got Kim Rhode on board with this!!
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Settle down, folks. The new "ghost gun" regulations probably don't do what you think they do. |
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Gavin is reacting predictably...
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It’s already happening…..
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The real problem is that liberals, even wealthy liberals will eventually vacate, and like others having not learned their lesson will take their liberal values with them. Other states' long time residents are hating that Californians and other former Blue state residents are showing up in droves there and are wishing the fireball would happen sooner. (Poor Austin, no longer a Texas town.) |
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I know a very liberal couple and one of them was in my Army unit many years ago. They both took jobs in the Bay area both work in education. I was told they both got job offers and the pay is pretty good. I'm happy for them though because I'm not a leftist and don't disparage people for what they do or not like as leftist normally do. I do however don't believe that is the entire story. Given how SD county is turning into a crap hole of homeless and liberal policies they both voted for and supported have finally arrived at their work and doorstep. So they both bailed up north to a liberal haven of that area. Good thing is they will never leave this state and infect another. She has told be while attending some classes out of state for the Army some called her a hippy. I laughed because they know who you really are. It sucks to see good states get ruined like California was so many years ago. It will happen much faster though.
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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. |
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This guy is such a shameless liar. Anyone with a felony was already prohibited before this law. Sent from my iPhone using Tapatalk Andrew - Lancaster, CA NRA Life Member, SAF / CRPA / FPC member and supporter, USCCA Member |
#18
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And so only a Ca COE should be good enough for online shipments. Proves we are Ca legal. No need for Fed 03FFL for ammo. He is straight up Bull Sh!7.
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Yep. He's a snake.
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What do they care about the law if they need ammo that just means they already have a weapon and are in violation anyway. Last edited by augoldminer; 05-21-2018 at 3:03 AM.. |
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A pistol that was stolen from me was recovered and returned (after many, many years in evidence). To my surprise, it was returned with the mag loaded (it had been empty when stolen). The bullets in it were obviously those of the gang banger that had last possessed it, and is now likely in Federal prison based on what the detectives were telling me.
Anyway, long story short, those bullets were dated 1986. $20 bucks says they were bought at a garage sale / estate sale. That happened long before this ammo bill was passed... felons are effectively already getting ammo by other means, as stated multiple times on this thread. |
#23
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If privileged leftists like Gavin Newsom really gave a damn they would be addressing their criminal constituents who are committing the crime. Not targeting the constitutional rights of their political enemies for destruction. What basically amounts to persecution for acting like an American.
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A BG only needs one bullet to ruin your day.. to think any of these ammo laws will stop any crime is just lunacy.
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“People believed that the opposite of war is peace. The truth is that the opposite of war is more often slavery” - Battlestar Galactica Member: Patron member NRA, lifetime member SAF, CRPA |
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We wrote - what is he doing in the legislative process? That is the job of the legislature not executive branch. Solid legal ground and principal - guess not when it was stayed with so many problems felon banned from possessing gun in CA - How about the whole country - oops that doesn't work or all states would have this law. and.... if felons can't have guns they don't need ammo. California voters said loudly and clearly - Does anyone remember voting on any of this??? the NRA has prioritized gun industry profits over the lives - So felons buying ammo is a BIG part of gun industry profits? You said it would only affect them. |
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Proposition 63 Result Votes Percentage Approved Yes 8,663,159 63.08% No 5,070,772 36.92% https://ballotpedia.org/California_P...zine_Ban_(2016)
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"You fickers are all cray cray in my opinion. Non of you have an iQ over 80." - SandyCrotchSurfer aka SandyEggoSurf "News stories and the truth are a bit like fraternal twins. They are related but only vaguely resemble each other." "The things that will destroy America are prosperity-at any-price, peace-at-any-price, safety-first instead of duty-first, the love of soft living, and the get-rich quick theory of life." - Theodore Roosevelt |
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I understand its going to take a decent chunk of time for a ruling on this to come about, but would a favorable ruling(repeal of statute) on this also effect the current legislation that the state is trying to implement concerning firearm precursor parts or is the correlation not there being 1 is ammo while the other is and or could be a chunk of metal with the ability to become a firearm?
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#32
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This is ****ing amazing... I wish the courts moved faster on things like this.
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Greater love hath no man than this, that a man lay down his life for his friends. John 15:13 ______________________________________ USMC OEF Veteran |
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Its not about criminals, its about disarming the law abiding public so they can not resist the will of the overlords.
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My God, even the Conservatives are liberal in the messed up State |
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tag
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^^^The above is just an opinion. NRA Patron Member CRPA 5 yr Member "...which from their verbosity, their endless tautologies, their involutions of case within case, and parenthesis within parenthesis, and their multiplied efforts at certainty by saids and aforesaids, by ors and by ands, to make them more plain, do really render them more perplexed and incomprehensible, not only to common readers, but to lawyers themselves. " - Thomas Jefferson |
#38
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\ Benitez got assigned to this case that is the same judge that granted the injunction in the magazine case. The case was originally assigned to a Democrat appointee so this is great news.
https://www.pacermonitor.com/public/..._Becerra_et_al Last edited by wolfwood; 05-11-2018 at 9:19 AM.. |
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