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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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  #3001  
Old 04-19-2019, 10:45 AM
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Originally Posted by dwinters14 View Post
Which is why I think SCOTUS may not moot the case. It's always been about the bigger picture, and the way I see it, the conservatives on the bench are as frustrated as we are with the infringements over the past 3 decades.

If they moot this case, I believe they will take another to make the wide reaching opinion they planned for.

The libs better buckle up because their house of cards is about to get mollywhopped.
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Pena
That may be why they are holding Pena.... Either case would serve to define scrutiny... Both would be better...
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  #3002  
Old 04-19-2019, 2:15 PM
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Originally Posted by dwinters14 View Post
Which is why I think SCOTUS may not moot the case. It's always been about the bigger picture, and the way I see it, the conservatives on the bench are as frustrated as we are with the infringements over the past 3 decades.

If they moot this case, I believe they will take another to make the wide reaching opinion they planned for.

The libs better buckle up because their house of cards is about to get mollywhopped.
That would be nice.... I think I am suffering from "battered wife syndrome", I'm just expecting the worst and feel like we are going to get backhanded yet again.
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  #3003  
Old 04-19-2019, 2:44 PM
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That would be nice.... I think I am suffering from "battered wife syndrome", I'm just expecting the worst and feel like we are going to get backhanded yet again.
Battered California Gunowner Syndrome is real. We've been kicked around for 20+ years so now we expect it even when we may be about to get a big win. I want to believe it'll happen. I want to win for once. I'll hope against all odds.
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  #3004  
Old 04-19-2019, 2:49 PM
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Battered California Gunowner Syndrome is real. We've been kicked around for 20+ years so now we expect it even when we may be about to get a big win. I want to believe it'll happen. I want to win for once. I'll hope against all odds.


Amen, brother. We’re so battered that even when we get a win we’re so in denial that we think it’s a loss.
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  #3005  
Old 04-19-2019, 3:19 PM
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Originally Posted by mshill View Post
That would be nice.... I think I am suffering from "battered wife syndrome", I'm just expecting the worst and feel like we are going to get backhanded yet again.

I don’t know, this time feels different. Maybe I’m still drunk from buying all those magazines . But I have a good feeling this time.
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  #3006  
Old 04-19-2019, 3:47 PM
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Battered California Gunowner Syndrome is real. We've been kicked around for 20+ years so now we expect it even when we may be about to get a big win. I want to believe it'll happen. I want to win for once. I'll hope against all odds.
Definitely, and although it can be frustrating to hear sometimes I get it. Look at what happened with the mags... and SCOTUS granted cert on a 2A case, while having a conservative majority.

I know the past hurts, but we have to look at things right now. The 9th's liberal bias is slowly being diminished as well. At this point it's a matter of how big and far reaching of a victory we get.

If Trump gets re-elected I think we're going to be good. Not to mention I think most people are fed up with the gun control bs. Most Americans know it doesn't work and as far as I see it, unless running in navy blue districts, gun control is a losing battle nationally.
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  #3007  
Old 04-19-2019, 6:04 PM
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Originally Posted by dwinters14 View Post
Definitely, and although it can be frustrating to hear sometimes I get it. Look at what happened with the mags... and SCOTUS granted cert on a 2A case, while having a conservative majority.

I know the past hurts, but we have to look at things right now. The 9th's liberal bias is slowly being diminished as well. At this point it's a matter of how big and far reaching of a victory we get.

If Trump gets re-elected I think we're going to be good. Not to mention I think most people are fed up with the gun control bs. Most Americans know it doesn't work and as far as I see it, unless running in navy blue districts, gun control is a losing battle nationally.
Unfortunately those navy blue districts seem to be growing in size. Voter fraud anyone?

But I agree, we have a victory on the horizons. I just hope it is sooner rather than later. What sucks is the state is able to make these laws and even if it gets overturned we are the people who end up following them for the years until that happens.
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  #3008  
Old 04-19-2019, 6:06 PM
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Battered California Gunowner Syndrome is real. We've been kicked around for 20+ years so now we expect it even when we may be about to get a big win.
Gun owners in CA be like:

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  #3009  
Old 04-19-2019, 6:40 PM
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Default Peña v. Cid (Handgun Roster) **CERT PETITION 12/28/18**

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What sucks is the state is able to make these laws and even if it gets overturned we are the people who end up following them for the years until that happens.
While gangbangers and other criminals have off-roster firearms and ARs with standard capacity mags


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  #3010  
Old 04-20-2019, 2:59 AM
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Didnt read thru all of this but if the roster were to be removed, would we be able to purchase AR lowers DROSed as pistol lowers or is that a completely different law?
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  #3011  
Old 04-20-2019, 4:11 AM
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It may be on hold. See this from SCOTUSblog. Probably because of the NYC case.
This is my take as well. We could very well be looking at a scenario where numerous 2A cases will be in the black hole just waiting for NYSRPA to be handed down. Presuming a win in that case, all black hole cases get sent back to the lower courts for resolution.
They're already "holding" Pena and Mance at the moment.
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  #3012  
Old 04-20-2019, 5:46 AM
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Didnt read thru all of this but if the roster were to be removed, would we be able to purchase AR lowers DROSed as pistol lowers or is that a completely different law?
I believe so, it would just have to be mag locked when built and 10rnd mags.
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  #3013  
Old 04-20-2019, 6:27 AM
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I believe so, it would just have to be mag locked when built and 10rnd mags.
I wonder if the roster gets tossed, what the determining factor would be. If it's based around the restriction of the firearms (Micro stamping, LCI, and all the other little tidbits the roster includes) I think the AW on pistols may go as well.

It just wouldn't make sense for them to cherry pick certain restrictions to get rid off and not others. I think if the roster gets vacated it will come along with an opinion much like Benitez's about magazines. Which I think would open the door to upending almost all of these idiotic restrictions on our firearms in CA.
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  #3014  
Old 04-20-2019, 7:18 AM
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Originally Posted by dwinters14 View Post
I wonder if the roster gets tossed, what the determining factor would be. If it's based around the restriction of the firearms (Micro stamping, LCI, and all the other little tidbits the roster includes) I think the AW on pistols may go as well.

It just wouldn't make sense for them to cherry pick certain restrictions to get rid off and not others. I think if the roster gets vacated it will come along with an opinion much like Benitez's about magazines. Which I think would open the door to upending almost all of these idiotic restrictions on our firearms in CA.

We would be able to buy stripped lowers and dros them as pistols. But the AW feature bans would still be valid, until those are stricken down also.
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  #3015  
Old 04-20-2019, 7:52 AM
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We would be able to buy stripped lowers and dros them as pistols. But the AW feature bans would still be valid, until those are stricken down also.
That would mean we dont have to pay $300+ for a stripped pistol lower right? Cuz if that’s the case, i’m gonna have to buy like 5 lowers DROSed as pistols when/if that time comes.
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  #3016  
Old 04-20-2019, 8:55 AM
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That would mean we dont have to pay $300+ for a stripped pistol lower right? Cuz if that’s the case, i’m gonna have to buy like 5 lowers DROSed as pistols when/if that time comes.

If that happen I think you can dros them as other, or something like that. Then you build them into whatever you want. I believe that’s what happens in most other states.
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  #3017  
Old 04-20-2019, 9:39 AM
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Let us not drift into speculations regarding other parts of CA law - this thread is Roster-specific, at least until there might be a SCOTUS opinion covering more ground.

(I realize that waiting for something to happen is quite difficult. Please work on it - builds character.)
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  #3018  
Old 04-20-2019, 11:29 AM
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I don't want to be the skunk at the garden party, and I hope I am wrong, but.... The reason for the delay in entry of a result of the status conference could be a decision to deny that is having a dissent being written. This dissent might have multiple authors, so it takes longer to get to a final product.
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  #3019  
Old 04-20-2019, 11:36 AM
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I don't want to be the skunk at the garden party, and I hope I am wrong, but.... The reason for the delay in entry of a result of the status conference could be a decision to deny that is having a dissent being written. This dissent might have multiple authors, so it takes longer to get to a final product.
Possible but not likely considering the new make up of the SCOTUS. There are enough judges that are Pro 2A that want to fix things.

Denying a right is denying a right and they may only need one case to solve the problems of states rights and the 2A
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  #3020  
Old 04-20-2019, 11:48 AM
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Possible but not likely considering the new make up of the SCOTUS. There are enough judges that are Pro 2A that want to fix things.

Denying a right is denying a right and they may only need one case to solve the problems of states rights and the 2A
My concern is that CJ Roberts has gone squish. While it only takes 4 votes to grant a petition for cert, if you don't have 5 votes, why bring up the case to create a binding nation-wide precedent?
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  #3021  
Old 04-20-2019, 12:19 PM
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My concern is that CJ Roberts has gone squish. While it only takes 4 votes to grant a petition for cert, if you don't have 5 votes, why bring up the case to create a binding nation-wide precedent?
They wouldn't do that. They've been pushing 2A cases off for a reason. As upset as we've been, they've been patiently waiting to make the proper ruling. Had they done it before, it could have tarnished the 2A.

If they're taking cases now, it's because they're confident they'll set precedent.
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  #3022  
Old 04-20-2019, 12:23 PM
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My concern is that CJ Roberts has gone squish. While it only takes 4 votes to grant a petition for cert, if you don't have 5 votes, why bring up the case to create a binding nation-wide precedent?
Kennedy was the fly in the ointment
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