2019 Fouts/Tolentino v Becerra: 9-22-21 Judgement for State; Appealed

[Paladin]

Originally Posted by Paladin

IIRC, next step is setting CA9 3-judge appeals panel orals. Has that been done yet?

If yes, when are orals?

If not, when will orals be set?

[MajorSideburns]

I was linked here after posting in the Duncan thread. I haven't had a chance to read the latest appeal but I hope the lawyers fighting for this are paying attention to the Duncan case and will borrow the state's own arguments in that case to use against them. In Duncan, the state argues that high capacity assault rifles were not in "common use" at the time the 2nd Amendment was created and therefore not covered by the bill of rights because the founding fathers could have never foreseen 100 round AR15 drum magazines. So, surely the founding fathers were well aware of wooden sticks after fighting a war for independence from the greatest military of the time?

[Lonestargrizzly]

Originally Posted by MajorSideburns

I was linked here after posting in the Duncan thread. I haven't had a chance to read the latest appeal but I hope the lawyers fighting for this are paying attention to the Duncan case and will borrow the state's own arguments in that case to use against them. In Duncan, the state argues that high capacity assault rifles were not in "common use" at the time the 2nd Amendment was created and therefore not covered by the bill of rights because the founding fathers could have never foreseen 100 round AR15 drum magazines. So, surely the founding fathers were well aware of wooden sticks after fighting a war for independence from the greatest military of the time?

The way I see it sticks were either the 3rd or 4th weapon considering punches, kicks, and either rocks or sticks were the 3rd.