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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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Old 04-26-2018, 12:28 PM
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Default 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:
Pursuant to F.R.C.P. 65(a)(2), the Court intends to consolidate the hearing on the motion for preliminary injunction with a trial on the merits.

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:
The district court?s April 23, 2020, preliminary injunction order is vacated, and this case is remanded to the district court for further proceedings consistent with the United States Supreme Court?s decision in New York State Rifle & Pistol
***?n, Inc. v. Bruen, 597 U.S. ____ (2022).
,
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:
ISSUES PRESENTED
1. Whether the district court erred in holding that plaintiffs had
established a likelihood of success on the merits of their claim that
California?s ammunition background check laws, which, in most cases,
require a small fee and short wait to purchase ammunition, violate the
Second Amendment.

2. Whether the district court erred in holding that plaintiffs had
established a likelihood of success on the merits of their claim that
California?s laws requiring (A) ammunition transactions to take place in
face-to-face transactions and (B) residents bringing ammunition in the State
to deliver that ammunition to a licensed vendor for processing in a face-toface
transaction, violate the dormant Commerce Clause.

3. Whether the district court erred in holding that the burden
plaintiffs experience?a short wait and a small fee to purchase
ammunition?outweighs California?s interest in continuing to prevent
violent felons, the dangerously mentally ill, and other prohibit people from
purchasing ammunition.
5-14-20 // Librarian

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:
IT IS HEREBY ORDERED that:
1. Defendant Attorney General Xavier Becerra, and his officers, agents,
servants, employees, and attorneys, and those persons in active concert or
participation with him, and those duly sworn state peace officers and
federal law enforcement officers who gain knowledge of this injunction
order or know of the existence of this injunction order, are enjoined from
implementing or enforcing the ammunition sales background check
provisions found in California Penal Code §§ 30370(a) through (d) and
30352, and the ammunition anti-importation provisions found in
§§ 30312(a) and (b), and 30314(a) as well as the criminal enforcement of
California Penal Code §§ 30365, 30312(d) and 30314(c).

2. Defendant Attorney General Xavier Becerra shall provide forthwith, by
personal service or otherwise, actual notice of this order to all law
enforcement personnel who are responsible for implementing or enforcing
the enjoined statute. Within 10 days, the government shall file a
declaration establishing proof of such notice. Alternatively, the parties
may file a stipulation.
IT IS SO ORDERED.
DATED: April 23, 2020
NOTE WELL it is only the specified sections (I embedded links to the code) that are enjoined.



=========================== 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:
  • Able?s Sporting, Inc. (also known as ?Able Ammo?)- Located in Huntsville, TX, Able Ammo specializes in discount hunting supplies, shooting supplies, hunting firearms, discount ammunition, and other firearm related accessories. Visit their website by clicking here.
  • Ammunition Depot- Located in Boca Raton, FL, Ammunition Depot was founded by freedom-loving Americans who know that 1) It is every American?s right and responsibility to defend themselves, their family, and country; and, 2) without ammunition, none of that is possible. Visit their website by clicking here.
  • Sam?s Shooters Emporium- Located in Lake Havasu City, AZ (just outside of California), Sam?s Shooters Emporium celebrated 20 years of business as the largest indoor shooting range in Arizona. The owners of Sam?s Shooters Emporium, Sam Scarmardo and his wife, are dedicated supporters of the Second Amendment and both NRA Life Members. Visit their website by clicking here.

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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Last edited by Librarian; 08-31-2020 at 9:52 PM..
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Old 04-26-2018, 12:31 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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Old 04-26-2018, 12:37 PM
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Originally Posted by MCubeiro View Post
Joining her are [...] the following out of state businesses
Thank god someone in free America hasn't forgotten us
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Old 04-26-2018, 12:40 PM
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For the frequent critics, note that the suit seems to cover a broad front often omitted:
Quote:
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.
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Old 04-26-2018, 4:37 PM
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Originally Posted by Librarian View Post
For the frequent critics, note that the suit seems to cover a broad front often omitted:
Yep, glad they included the commerce clause.
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Old 04-26-2018, 12:41 PM
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Wahoo! Thanks for fighting the good fight!
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Old 04-26-2018, 2:00 PM
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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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Old 04-26-2018, 2:30 PM
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Time for another donation. Thank you to all involved to at least fight the fight.
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Old 04-26-2018, 3:08 PM
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Thank you for continuing to fight for our rights.
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Old 04-26-2018, 3:11 PM
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Go Kim!
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Old 04-26-2018, 5:49 PM
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Gavin is reacting predictably...

Quote:
...Lt. Gov. Gavin Newsom, who is running for governor, defended his initiative and vowed to fight the NRA lawsuit.

“We wrote Proposition 63 on solid legal ground and principle: If you're a felon banned from possessing guns in California, then you should not be able to purchase the ammunition that makes a firearm deadly,” Newsom said in a statement. “California voters said loudly and clearly that guns and ammunition do not belong in the hands of dangerous individuals — but once again, the NRA has prioritized gun industry profits over the lives of law-abiding Californians.”
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Old 04-26-2018, 7:06 PM
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Originally Posted by TrappedinCalifornia View Post
Gavin is reacting predictably...
He is such a f%^king tool. I am gonna venture a guess and say that felons were banned, are still banned, and will continue to be banned even if the lawsuit is a win.
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Old 04-26-2018, 9:12 PM
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Gavin is reacting predictably...
Oooo please for the love of God, let California collapse in a fiery ball of flaming dog **** on Gavin Newscums watch.
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Old 06-02-2021, 9:04 PM
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Oooo please for the love of God, let California collapse in a fiery ball of flaming dog **** on Gavin Newscums watch.
It’s already happening…..
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Old 02-09-2023, 12:24 PM
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Oooo please for the love of God, let California collapse in a fiery ball of flaming dog **** on Gavin Newscums watch.
It's happening, slowly. Some day it will simply be a defacto state of Mexico and include more of the problems that country faces.

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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Old 02-25-2023, 7:59 AM
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Originally Posted by Tahoeshooter View Post
It's happening, slowly. Some day it will simply be a defacto state of Mexico and include more of the problems that country faces.

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.)
California is already a northern state of Mexico just not officially.


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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Old 04-26-2018, 9:12 PM
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Originally Posted by TrappedinCalifornia View Post
Gavin is reacting predictably...


This guy is such a shameless liar. Anyone with a felony was already prohibited before this law.


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Old 04-27-2018, 6:30 AM
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This guy is such a shameless liar. Anyone with a felony was already prohibited before this law.


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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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Old 04-27-2018, 11:52 AM
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I sooo hope this litigation is successful (another way of saying that I am subscribed to this thread)!
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Old 04-28-2018, 1:21 PM
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This guy is such a shameless liar. Anyone with a felony was already prohibited before this law.


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Yep. He's a snake.
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Old 05-21-2018, 3:00 AM
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Quote:
...Lt. Gov. Gavin Newsom, who is running for governor, defended his initiative and vowed to fight the NRA lawsuit.

“We wrote Proposition 63 on solid legal ground and principle: If you're a felon banned from possessing guns in California, then you should not be able to purchase the ammunition that makes a firearm deadly,” Newsom said in a statement. “California voters said loudly and clearly that guns and ammunition do not belong in the hands of dangerous individuals — but once again, the NRA has prioritized gun industry profits over the lives of law-abiding Californians.”
A felon will just walk into a store and buy there ammo out of state.
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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Old 05-22-2018, 10:40 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.

Quote:
Originally Posted by augoldminer View Post
A felon will just walk into a store and buy there ammo out of state.
What do they care about the law if they need ammo that just means they already have a weapon and are in violation anyway.
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Old 06-15-2018, 6:35 PM
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Originally Posted by augoldminer View Post
A felon will just walk into a store and buy there ammo out of state.
What do they care about the law if they need ammo that just means they already have a weapon and are in violation anyway.
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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Old 06-15-2018, 9:19 PM
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Originally Posted by augoldminer View Post
A felon will just walk into a store and buy there ammo out of state.
What do they care about the law if they need ammo that just means they already have a weapon and are in violation anyway.
Well, if a ton of cocaine can be smuggled over the border I'm sure a few bullets and or guns would be even easier..

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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Old 04-25-2020, 3:01 PM
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Quote:
Originally Posted by TrappedinCalifornia View Post
Gavin is reacting predictably...

..Lt. Gov. Gavin Newsom, who is running for governor, defended his initiative and vowed to fight the NRA lawsuit.

“We wrote Proposition 63 on solid legal ground and principle: If you're a felon banned from possessing guns in California, then you should not be able to purchase the ammunition that makes a firearm deadly,” Newsom said in a statement. “California voters said loudly and clearly that guns and ammunition do not belong in the hands of dangerous individuals — but once again, the NRA has prioritized gun industry profits over the lives of law-abiding Californians.”
Let's parse Nancy's nephews statement:
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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Old 04-25-2020, 4:21 PM
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Originally Posted by M1NM View Post
California voters said loudly and clearly - Does anyone remember voting on any of this???
I remember voting No, but unfortunately a majority of California voters did vote for Prop 63.


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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Old 04-25-2020, 4:31 PM
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Quote:
Originally Posted by JCHavasu View Post
I remember voting No, but unfortunately a majority of California voters did vote for Prop 63.


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)
I voted NO
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Old 04-26-2018, 7:11 PM
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Californians also voted for prop 8 Newsom.
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Old 04-26-2018, 7:25 PM
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Where do I donate to?
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Old 04-26-2018, 7:31 PM
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I am wondering, do other states do this? A quick search says no. In MA, where I come from, you can order online from some places and if you buy in-person you just flash your license. No background check is required.
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Old 04-26-2018, 8:16 PM
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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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Old 04-28-2018, 9:07 PM
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This is ****ing amazing... I wish the courts moved faster on things like this.
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Old 04-28-2018, 9:20 PM
superdave50 superdave50 is offline
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if bgc's can't prevent felons from purchasing firearms, how could they prevent ammo purchases?

logic is some crazy stuff...
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Old 05-01-2018, 7:05 AM
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Quote:
Originally Posted by superdave50 View Post
if bgc's can't prevent felons from purchasing firearms, how could they prevent ammo purchases?

logic is some crazy stuff...
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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Old 04-28-2018, 9:37 PM
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Gavin is anything but a "law abiding citizen".
Thanks CRPA and NRA!
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Old 04-29-2018, 9:09 PM
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Great job guys!
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Old 04-30-2018, 8:43 AM
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tag
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"...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
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Old 05-11-2018, 9:08 AM
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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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Old 05-11-2018, 10:02 AM
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Quote:
Originally Posted by wolfwood View Post
\ 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
What luck😁
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Old 05-11-2018, 11:08 AM
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I' ve been working in the federal court system for awhile and I doubt luck has much to do with it. Judges on both sides tend to find a way on the cases they like.
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