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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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#1
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California high court tosses suit over bullet stamping law
https://www.ctpost.com/news/article/...t-13034577.php
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#5
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Oh the shock !
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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 |
#12
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I stand by my previous statement that the BAR exam has to got to be the easiest test on the planet.
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NRA lifetime member 2AF Defender member When did I go from being a "citizen" to a "taxpayer"? Jon Lovitz: ‘I can’t wait to go to a hospital run by the DMV!’ Peace, love, and heavy weapons. Sometimes you have to be insistent." - David Lee Roth |
#13
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Looking forward to an appeal onward to a more "common sense" court.
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For you to believe globalization can continue, you have to believe it doesn't require increased consumption and that the Americans will continue to bleed and die so that the Chinese can access energy. - Peter Zeihan |
#14
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They're all communists. They hate you. They'll disarm you. I wouldn't let them.
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RKBA Clock: Free Vespuchia! |
#15
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Just get all these cases locked and loaded in the federal courts for when Trump's new appointee to the SCOTUS takes his/her seat. Even better if RBG's seat opens up. If that happens we can't even lose to random variance.
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#18
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I haven't read the entirety of the decision, so I'll reserve further comment, but on some level, I understand the quoted excerpt from the opinion - that the current impossibility of compliance cannot be the sole basis for the wholesale invalidation of a law. The argument goes, the judiciary should not deprive the People of a purportedly valid exercise of the legislative power when the technological means for compliance eventually becomes available.
What the other part of Liu's statement (a failure to comply with an impossibility allows courts to excuse non-compliance) fails to recognize, is that because of other restrictions, non-compliance of the microstamping requirement is practically impossible without running afoul of other laws. Unless an FFL is willing to complete a transfer without a successfully transacted DROS, there would be no way to transfer an off-roster gun. Furthermore, because the roster of approved handguns is solely and exclusively controlled by the California DOJ, it's not like a manufacturer of a non-microstamping pistol can get it onto the roster. As much as I wouldn't want this case to hinge solely on the Second Amendment issue, maybe that's our only shot to get this invalidated - dwindle the roster down to so few available handguns that it effectively becomes a ban in violation of the Second Amendment. ETA: Here's a copy of the opinion: http://www.courts.ca.gov/opinions/documents/S239397.PDF
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NRA Benefactor Life Member, SAF Life Member, CCRKBA Life Member Gavin Newsom is a lying, cheating slickster and Last edited by SamsDX; 06-28-2018 at 1:00 PM.. Reason: Added link to opinion |
#19
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I don't know, this seems like it could be good for us.
impossibility won't invalidate the law, but it will excuse compliance. so if the manufacturers don't have to comply until it is no longer impossible, then their guns should be allowed to apply for the roster without that requirement until that technology is possible. I believe if manufactures complied with every other requirements for roster certification, apply for certification, and are denied, they have a right to sue and get the firearm certified due to impossibility of compliance. or the DOJ cannot enforce it and would have to approve it without any micro stamping features. my guess is the first manufacture will try this and get denied, and win in court citing this case. then the doj won't enforce it for any future applications for certification until micro stamping is possible. Last edited by caliguy93; 06-28-2018 at 1:16 PM.. |
#20
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And therein lies the problem - impossible to comply with, and impossible to not comply and still sell what the seller wants to sell and the buyer wants to buy.
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NRA Benefactor Life Member, SAF Life Member, CCRKBA Life Member Gavin Newsom is a lying, cheating slickster and |
#21
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THE..... RED TSUNAMI !!!!!!!!!!!!!
Standby folks The BEST is YET to come....... May OUR..... GOD..... BLESS the Donald.... And OBVIOUSLY..... PROTECT his buttt,,,, He and HIS !!!!! May OUR..... GOD..... Bless.... THE USA..... Comprende ? PERIOD !
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#25
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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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