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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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#41
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I never got the email. The letter just showed up one day.
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#42
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It's not that one person is more prone to trouble, it's that some people take attention to detail to maintain their vehicles, get to bed early, leave an hour before they are supposed to, et cetera so they are less likely to have their backs against the wall. When it comes to registering or not registering a rifle forEVER... and one waits until THE last day when he had 6 months to prepare who has more of the blame there? As an IT guy, I understand what happens to web servers when it's designed to handle x users and 500x try to use it at the same time. The state should not have to pay for infrastructure upgrades to handle 2 days worth of traffic. One thing is for sure: no matter how much money they dump into a lawsuit, they will not be allowed to register their rifles...
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#43
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Amazon has made a small fortune providing demand-based infrastructure with Amazon Web Services. Oracle claims to offer more scalable services at lower cost than AWS. The point being that this isn't the first rodeo for the state regarding registration of AWs. It would have been relatively easy to create a service that scaled up to meet demand and then scaled down afterward (Oracle is a current vendor to the state of CA - indeed, one of the development line items was for PL/SQL development resource(s)). The attempt at a web site for performing the registration effort was textbook amateur hour. |
#44
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You are one of the very few who received a letter without first receiving an email from DoJ.
Out of curiosity, when did you submit your registration and how long from submission of registration to when the letter showed up? I am trying to get some idea on current processing timeframes - I am almost at 90 days from submission of registration application. For a plain-vanilla CA-compliant BBAW (based on manufacturers model number) and so far, crickets (the CFARS website shows In Progress, but nothing from DoJ in the way of email communication or letter). |
#45
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The second one was the 50 caliber ban, and for that one you needed to go get fingerprinted and the process was so long, time-consuming and offered no online support I never got anything registered. This time it was a sinch. Register. Take Pictures. Upload. Pay. Good to Go
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#46
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#47
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Whether they were instantly processed or it takes six months, the process of getting to an "In-Process" state was the same. Compared to the 50 caliber ban, trust me; this was cake.
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#48
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Store bought receivers were submitted on 03/24/18 (both the regular and joint registrations were completed the same day) and the letters showed up about 5 weeks later. Completed 80% receivers were submitted on 05/13/18 (again, both standard and joint registrations) and I haven't heard a peep from the DOJ.
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Last edited by jj805; 07-31-2018 at 4:38 AM.. |
#49
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Defendants’ Motion to Dismiss (ECF No. 14) is DENIED.
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#51
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Online + Deadline = Problem.
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#52
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Any udpates on this one? I'm one of those that got kicked off the system while trying to register. And it's hilarious that people on here try to defend the state as being ok to design a faulty system. There are all sorts of reasons to wait until the last day, namely the state gave a very delineated deadline. Good for you for getting it done 6 months early. Some of us didn't even know about it until it was almost expired. Most my friends still don't know their bb rifles are now illegal
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#54
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Wait, WHAT?!?
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Settle down, folks. The new "ghost gun" regulations probably don't do what you think they do. |
#55
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So FPC settled and registration is to be reopened. I am not sure I consider this a win.
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#56
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Um, a gov't agency caved in is not a win??
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Bill Wiese San Jose, CA CGF Board Member / NRA Benefactor Life Member / CRPA life member
No postings of mine here, unless otherwise specifically noted, are to be construed as formal or informal positions of the Calguns.Net ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my employer. No posts of mine on Calguns are to be construed as legal advice, which can only be given by a lawyer. |
#57
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For this particular case, what would be a win? I think everyone that could be asked for in regards to this particular case has been granted, and FPC even gets some money from the state.
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#58
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That's the way I see it. I won't benefit from this at all, but that's fine, I'm just happy to see DOJ lose something.
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Settle down, folks. The new "ghost gun" regulations probably don't do what you think they do. |
#59
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It also protects EXISTING PROSECUTIONS/SEIZURES.
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Bill Wiese San Jose, CA CGF Board Member / NRA Benefactor Life Member / CRPA life member
No postings of mine here, unless otherwise specifically noted, are to be construed as formal or informal positions of the Calguns.Net ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my employer. No posts of mine on Calguns are to be construed as legal advice, which can only be given by a lawyer. Last edited by bwiese; 03-18-2021 at 1:45 PM.. |
#60
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I read the settlement summary on FPC’s website and there was no mention about requiring the state to fix, upgrade, or improve the registration site (maybe it’s in the actual court order which I don’t have time to read right now). What if the state simply re-opens registration via the same CFARS site as before and it is another fiasco?
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#61
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Mailed registrations need only be postmarked by the deadline date, and as before, DOJ is again required to "provide registrants [the] ability to cure any defects in their submissions, whether submitted electronically or by paper" as long as the registration was submitted before the deadline. Also I doubt the web registration will see the same influx of registrations as before. I don't know how many people will do this, but I'm guessing it'll be a few hundred, maybe a couple thousand at most. Certainly not 100,000 like last time.
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Settle down, folks. The new "ghost gun" regulations probably don't do what you think they do. Last edited by CandG; 03-18-2021 at 2:50 PM.. |
#62
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I wonder if there will be issues with people trying register during this 3 month window who are not eligible and if that will put them in legal jeopardy? Also are pictures of the firearms still required? |
#63
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It sounds like yes. From what I read, it seems like even for mail-in registrations they're expecting photos (printed, I guess?) to be included, along with all the other stuff that the online registration requires; date and place of purchase, etc. The online registration is likely going to be identical to the one we had before.
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Settle down, folks. The new "ghost gun" regulations probably don't do what you think they do. Last edited by CandG; 03-18-2021 at 3:23 PM.. |
#64
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It only took 3
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Settle down, folks. The new "ghost gun" regulations probably don't do what you think they do. |
#65
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#69
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Those who attempted to registered and could not. They can now resubmit within the window. I would imagine that upon failure to register, these AW were either made featureless or removed from the state. Most likely not kept in the AW configuration. Although they are protected now, they didn't know that 3 years ago. Also, what about all those people who saw the ****-show of a process and never attempted to register, and either went featureless or sold it out of state. It appears there is no relief for this group, and I presume they would have to sue as well.
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#70
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Very bad idea to try to register a FMBUS (Firearm Manufactured by Unlicensed Subject - aka, 80%), unless you already got a DOJ serial number and engraved it onto the receiver before 7/1/2018.
If you did not get a serial number for the firearm from DOJ before 7/1/2018, then don't even think about trying to register it as a RAW. If you got a serial number for it before 7/1/2018, then you should be ok.
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Settle down, folks. The new "ghost gun" regulations probably don't do what you think they do. Last edited by CandG; 03-19-2021 at 8:46 AM.. |
#71
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What about them?
If you have an unpapered 80% and did not file for serial# etc you already have separate issues. See C&Gs comments above.
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Bill Wiese San Jose, CA CGF Board Member / NRA Benefactor Life Member / CRPA life member
No postings of mine here, unless otherwise specifically noted, are to be construed as formal or informal positions of the Calguns.Net ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my employer. No posts of mine on Calguns are to be construed as legal advice, which can only be given by a lawyer. |
#72
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Ding Ding Ding Ding Ding Ding Ding ... YOU GOT IT BRO!
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Bill Wiese San Jose, CA CGF Board Member / NRA Benefactor Life Member / CRPA life member
No postings of mine here, unless otherwise specifically noted, are to be construed as formal or informal positions of the Calguns.Net ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my employer. No posts of mine on Calguns are to be construed as legal advice, which can only be given by a lawyer. |
#73
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No, only idiots that try to reg a BBRAW where the receiver or gun has a post 1/1/16 DROS date or other paperwork evidence.
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Bill Wiese San Jose, CA CGF Board Member / NRA Benefactor Life Member / CRPA life member
No postings of mine here, unless otherwise specifically noted, are to be construed as formal or informal positions of the Calguns.Net ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my employer. No posts of mine on Calguns are to be construed as legal advice, which can only be given by a lawyer. |
#74
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Remember the 210 day window brings us into Miller territory. Quote:
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Bill Wiese San Jose, CA CGF Board Member / NRA Benefactor Life Member / CRPA life member
No postings of mine here, unless otherwise specifically noted, are to be construed as formal or informal positions of the Calguns.Net ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my employer. No posts of mine on Calguns are to be construed as legal advice, which can only be given by a lawyer. |
#75
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I think this is probably the most important thing. You take this collectively with the disaster Benitez exposed with the ammo background check, and all the BS gamesmanship the State and CA9 have played with Peruta, Young, Miller, Duncan, SCOTUS is bound to take notice.
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#76
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You mean like with the foot dragging on adding Other firearms to the DROS drop down menu in the context of Title 1?
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"There is an old song which asserts that "the best things in life are free". Not true! Utterly false! This was the tragic fallacy which brought on the decadence and collapse of the democracies of the twentieth century; those noble experiments failed because the people had been led to believe that they could simply vote for whatever they wanted… and get it, without toil, without sweat, without tears." |
#78
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In the massive game of chess that is the set of 2A lawsuits against the state, they just lost a knight or bishop. Amazing.
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"Never! Jesus Christ, what dont you understand about never?" -Sen. Joe Manchin on eliminating the filibuster |
#79
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Exactly. This isn’t a win, but a trap. Why would the California DOJ willing “settle” a case, when they know they can go all the way in courts and eventually win, unless settlement gets them a lot more. Settlement means no admission of wrongdoing, and a way to trick many more Californians into being felons and prohibited people.
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?When injustice becomes law, resistance becomes duty.?- Thomas Jefferson |
#80
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Note that it 'clears the deck' for various ongoing prosecutions related to this and opens a nice 210 day window into when Miller should be handed down.
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Bill Wiese San Jose, CA CGF Board Member / NRA Benefactor Life Member / CRPA life member
No postings of mine here, unless otherwise specifically noted, are to be construed as formal or informal positions of the Calguns.Net ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my employer. No posts of mine on Calguns are to be construed as legal advice, which can only be given by a lawyer. |
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