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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 04-08-2019, 3:30 PM
Kevinmchugh.nh Kevinmchugh.nh is offline
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Default Time frame for Ninth Circuit to act on magazine ban

When is the soonest the Ninth Circuit could announce any decisions in regards to Becerra's appeal?

And is there anything the Ninth Circuit could do within the next few weeks/months to create another opportunity to legally purchase 11+ round magazines?

I know the Ninth Circuit is unlikely to side with us, but just wondering what could potentially happen under a best case scenario, and what the time frame looks like.
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Old 04-08-2019, 3:58 PM
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Originally Posted by KHF1222 View Post
Well, first Becerra has to file his appeal, and until then there is no way to know.
Why do you keep saying this? The Notice of Appeal has been filed. The briefing schedule is set.

Mediation Questionnaire due on 04/11/2019
Transcript ordered by 05/06/2019.
Transcript due 06/03/2019
Appellant Xavier Becerra opening brief due 07/15/2019.
Appellees California Rifle & Pistol Association, Inc., Virginia Duncan, Richard Lewis, Patrick Lovette, David Marguglio and Christopher Waddell answering brief due 08/15/2019.
Appellant's optional reply brief is due 21 days after service of the answering brief.
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Old 04-08-2019, 4:02 PM
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Quote:
Originally Posted by Kevinmchugh.nh View Post
When is the soonest the Ninth Circuit could announce any decisions in regards to Becerra's appeal?

And is there anything the Ninth Circuit could do within the next few weeks/months to create another opportunity to legally purchase 11+ round magazines?

I know the Ninth Circuit is unlikely to side with us, but just wondering what could potentially happen under a best case scenario, and what the time frame looks like.
Nothing is going to happen for more than a year, I assure you. Typical times for civil appeals in the Ninth are 12-20 months. This case is not going to be decided (or argued) before then. The Ninth will wait to see what comes down from SCOTUS in NYSRPA next Spring, and then act accordingly (such that they trample on our rights while purporting to follow the SCOTUS's holding).
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Old 04-08-2019, 4:25 PM
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Originally Posted by LVSox View Post
Nothing is going to happen for more than a year, I assure you. Typical times for civil appeals in the Ninth are 12-20 months. This case is not going to be decided (or argued) before then. The Ninth will wait to see what comes down from SCOTUS in NYSRPA next Spring, and then act accordingly (such that they trample on our rights while purporting to follow the SCOTUS's holding).

Good info. Thanks!
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  #5  
Old 04-08-2019, 4:52 PM
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Thread is now 'stuck' - not much more to say, but it answers an FAQ.

The Michel & Associates page on the case s http://michellawyers.com/duncan-v-becerra/

LVSox, have you a link to Becerra's notice of appeal - I seem to have missed it.
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  #6  
Old 04-08-2019, 5:11 PM
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Originally Posted by LVSox View Post
Why do you keep saying this? The Notice of Appeal has been filed. The briefing schedule is set.

Mediation Questionnaire due on 04/11/2019
Transcript ordered by 05/06/2019.
Transcript due 06/03/2019
Appellant Xavier Becerra opening brief due 07/15/2019.
Appellees California Rifle & Pistol Association, Inc., Virginia Duncan, Richard Lewis, Patrick Lovette, David Marguglio and Christopher Waddell answering brief due 08/15/2019.
Appellant's optional reply brief is due 21 days after service of the answering brief.
Quote:
Originally Posted by LVSox View Post
Nothing is going to happen for more than a year, I assure you. Typical times for civil appeals in the Ninth are 12-20 months. This case is not going to be decided (or argued) before then. The Ninth will wait to see what comes down from SCOTUS in NYSRPA next Spring, and then act accordingly (such that they trample on our rights while purporting to follow the SCOTUS's holding).

These are the right answers.

Hopefully a scheduled hearing next Fall and a decision within 'a year' of that.

Of note: the NY case is scheduled for SCOTUS hearing in the fall, with a decision due in the spring. This, presumably, would time about the same time that the CA9 mulls over their case.
It's possible CA9 stays the hearing until guidance (if any) from the NY case is provided, or they could hear the case, and wait on providing a ruling until the NY decision is out.

Regradless, I think, this case will most definitely be appealed enbanc, so 2021.

Lots of 'ifs' could happen in that time.
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  #7  
Old 04-08-2019, 5:33 PM
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Whatever it is, it will be measured, not in days, but in months. Multiples of 12 months...24/36/48. Kinda like a car warranty.
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Old 04-08-2019, 5:41 PM
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Originally Posted by Librarian View Post
Thread is now 'stuck' - not much more to say, but it answers an FAQ.

The Michel & Associates page on the case s http://michellawyers.com/duncan-v-becerra/

LVSox, have you a link to Becerra's notice of appeal - I seem to have missed it.
There’s a copy on the Michel firm’s docket page you just linked. Filed 4/4.
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Old 04-08-2019, 6:22 PM
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Quote:
Originally Posted by LVSox View Post
Why do you keep saying this? The Notice of Appeal has been filed. The briefing schedule is set.

Mediation Questionnaire due on 04/11/2019
Transcript ordered by 05/06/2019.
Transcript due 06/03/2019
Appellant Xavier Becerra opening brief due 07/15/2019.
Appellees California Rifle & Pistol Association, Inc., Virginia Duncan, Richard Lewis, Patrick Lovette, David Marguglio and Christopher Waddell answering brief due 08/15/2019.
Appellant's optional reply brief is due 21 days after service of the answering brief.
And there will almost certainly be extensions of time to file briefs, so add at least a couple of months to the briefing schedule. And oral argument will be maybe 9-12 months after briefing is complete. And then probably several months to a year before a decision is issued.

So, it'll be a while.
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  #10  
Old 04-08-2019, 6:29 PM
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Quote:
Originally Posted by LVSox View Post
There’s a copy on the Michel firm’s docket page you just linked. Filed 4/4.
I thought that was a notice of intent to appeal.
And it is to Judge Benitez, not an appeal to the 9th.
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Old 04-08-2019, 6:42 PM
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Quote:
Originally Posted by Greg B View Post
I thought that was a notice of intent to appeal.
And it is to Judge Benitez, not an appeal to the 9th.
That is a notice of appeal. Which gets filed with the District Court. Whose clerk transmits it to the Court of Appeals. Whose clerk dockets the matter. All of those things have been done.
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Old 04-08-2019, 6:45 PM
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Quote:
Originally Posted by LVSox View Post
There’s a copy on the Michel firm’s docket page you just linked. Filed 4/4.
I must have asked for the wrong document - where is it published the dates for events you posted in post 2 here?
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I've been saying that for years ...

There is no value at all complaining or analyzing or reading tea leaves to decide what these bills really mean or actually do; any bill with a chance to pass will be bad for gun owners.

The details only count after the Governor signs the bills.


Gregg Easterbrook’s “Law of Doomsaying”: Predict catastrophe no later than ten years hence but no sooner than five years away — soon enough to terrify people but distant enough that they will not remember that you were wrong.


Not a lawyer, just Some Guy On The Interwebs.


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Old 04-08-2019, 6:50 PM
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Originally Posted by Librarian View Post
I must have asked for the wrong document - where is it published the dates for events you posted in post 2 here?
In the docketing letter. On PACER. Where most federal court filings and orders live. The case number is 19-55376.

Here’s a free link to the bare bones docket report: https://dockets.justia.com/docket/ci...s/ca9/19-55376

Last edited by LVSox; 04-08-2019 at 7:04 PM..
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  #14  
Old 04-08-2019, 9:26 PM
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Originally Posted by LVSox View Post
In the docketing letter. On PACER. Where most federal court filings and orders live. The case number is 19-55376.

Here’s a free link to the bare bones docket report: https://dockets.justia.com/docket/ci...s/ca9/19-55376
Thank you.

You are aware, I'm sure, that the 9th's web site is user-hostile for finding a case without already knowing the case number ...
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No one will really understand politics until they understand that politicians are not trying to solve our problems. They are trying to solve their own problems - of which getting elected and re-elected are number one and number two. Whatever is number three is far behind.
- Thomas Sowell
I've been saying that for years ...

There is no value at all complaining or analyzing or reading tea leaves to decide what these bills really mean or actually do; any bill with a chance to pass will be bad for gun owners.

The details only count after the Governor signs the bills.


Gregg Easterbrook’s “Law of Doomsaying”: Predict catastrophe no later than ten years hence but no sooner than five years away — soon enough to terrify people but distant enough that they will not remember that you were wrong.


Not a lawyer, just Some Guy On The Interwebs.


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Old 04-09-2019, 5:57 AM
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Originally Posted by Librarian View Post
Thank you.

You are aware, I'm sure, that the 9th's web site is user-hostile for finding a case without already knowing the case number ...
No, I can’t say I’ve found that to be true. Especially where, as here, one already knows the party names, attorney names, district court case number, etc.
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Old 04-09-2019, 10:05 AM
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No, I can’t say I’ve found that to be true. Especially where, as here, one already knows the party names, attorney names, district court case number, etc.
Meta:
Why would one have a PACER account without the ability to write off the cost?
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No one will really understand politics until they understand that politicians are not trying to solve our problems. They are trying to solve their own problems - of which getting elected and re-elected are number one and number two. Whatever is number three is far behind.
- Thomas Sowell
I've been saying that for years ...

There is no value at all complaining or analyzing or reading tea leaves to decide what these bills really mean or actually do; any bill with a chance to pass will be bad for gun owners.

The details only count after the Governor signs the bills.


Gregg Easterbrook’s “Law of Doomsaying”: Predict catastrophe no later than ten years hence but no sooner than five years away — soon enough to terrify people but distant enough that they will not remember that you were wrong.


Not a lawyer, just Some Guy On The Interwebs.


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Old 04-09-2019, 10:40 AM
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Meta:
Why would one have a PACER account without the ability to write off the cost?
I guess the answer would be because there is no cost to have a PACER account.

If your actual question is why someone would pay to retrieve court documents without the ability to write off the cost (or have someone else pay), I guess the answer would be because they are usually otherwise unretrievable unless one wanted to visit the court, and one wanted to review them.
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Old 04-09-2019, 8:50 PM
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Quote:
Originally Posted by Librarian View Post
Meta:
Why would one have a PACER account without the ability to write off the cost?
I have had a PACER account ever since I worked for a company that got eaten by a three headed dog in 2002 and cost me $400k. The cost to maintain an account is zero, and the cost per document isn't that much, assuming you know what you are looking for. Browsing, however, can get get expensive.
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Old 04-10-2019, 2:02 PM
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Quote:
Originally Posted by LVSox View Post
Nothing is going to happen for more than a year, I assure you. Typical times for civil appeals in the Ninth are 12-20 months. This case is not going to be decided (or argued) before then. The Ninth will wait to see what comes down from SCOTUS in NYSRPA next Spring, and then act accordingly (such that they trample on our rights while purporting to follow the SCOTUS's holding).
Imagine if the people who manage our justice/court systems today were in charge of the US Govt back when Japan attacked Pearl Harbor:

12/7/41 Secretary of Defense: "Mr. President! Japan has just bombed Pearl Harbor, destroyed a whole bunch of our ships, and killed 2300 men!! What should we do?"
Pres Roosevelt: "Welllllllllll, lets file some papers, and we'll have a meeting about this matter in six months. At that meeting we'll shuffle some more papers and then decide what to do a year later on it. Hopefully, if we do the same thing, with the paper shuffling and twice-a-year meetings for the 5 years or so, by then perhaps Japan will stop being bad to us and make nice again."
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Old 04-10-2019, 2:24 PM
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Originally Posted by robertkjjj View Post
Imagine if the people who manage our justice/court systems today were in charge of the US Govt back when Japan attacked Pearl Harbor:

12/7/41 Secretary of Defense: "Mr. President! Japan has just bombed Pearl Harbor, destroyed a whole bunch of our ships, and killed 2300 men!! What should we do?"
Pres Roosevelt: "Welllllllllll, lets file some papers, and we'll have a meeting about this matter in six months. At that meeting we'll shuffle some more papers and then decide what to do a year later on it. Hopefully, if we do the same thing, with the paper shuffling and twice-a-year meetings for the 5 years or so, by then perhaps Japan will stop being bad to us and make nice again."
You forgot the part that they are just gonna let every enemy combatant across the border. And anyone who calls it an emergency will be attacked while eating dinner.
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Old 04-20-2019, 1:18 PM
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Mean while how legal is it to use the 10+ mags we just got in the short window of sanity?
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  #22  
Old 04-20-2019, 1:25 PM
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Originally Posted by rrwallace View Post
Mean while how legal is it to use the 10+ mags we just got in the short window of sanity?
Wrong thread and wrong forum - see posts 70 and 71 in the sticky in the CA Laws forum.
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- Thomas Sowell
I've been saying that for years ...

There is no value at all complaining or analyzing or reading tea leaves to decide what these bills really mean or actually do; any bill with a chance to pass will be bad for gun owners.

The details only count after the Governor signs the bills.


Gregg Easterbrook’s “Law of Doomsaying”: Predict catastrophe no later than ten years hence but no sooner than five years away — soon enough to terrify people but distant enough that they will not remember that you were wrong.


Not a lawyer, just Some Guy On The Interwebs.


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