Additional reactions culled from the case thread in Litigation

[92E2]

No frigging body now has 15rd Glock 20 magazines in stock. (

Here you go. Get them before they are gone.

https://gunmagwarehouse.com/glock-magazine-glock-20-20sf-10mm-auto-15-round-polymer-black.html

[Chewy65]

If major retailers are shipping, and if there's no announcement from the DoJ, I think they are not going to appeal this. It would be insane for them to do it, as they are taking a huge risk of creating a bigger precedent and a circuit split and a loss at SCOTUS. We're not seeing any announcements like "we're going to fight this all the way" or anything. They had to have made their decision by now and would be announcing something if they were going to fight. One reason they should have made their decision by now is that they probably made it even before the ruling was announced. They knew there was a high chance of this outcome and had to have planned for it.

Just a SWAG, but these are state employees who aren't about to ruin their plans for a 3 day weekend.

[tenemae]

As far as I can tell, the LA county ban expired

https://cityclerk.lacity.org/lacityclerkconnect/index.cfm?fa=ccfi.viewrecord&cfnumber=13-0068

Otherwise, see CalAlumnus' post

[soulbyte]

Merry Christmas! Every.. one. ( in best little Timmy voice)


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[pistol3]

This decision only overturned the pertinent state law as unconstitutional. Any city ordinances are still in effect--though this decision could be helpful in challenging such ordinances.

However, the Sunnyvale ordinance has already survived a challenge. There may be a legal argument that a local ordinance is more appropriately tailored (and therefore permissible), even while a broad statewide law is not appropriately tailored (and therefore impermissible).

Ug. That just means every blue city will do their confiscatory ban.

[soulbyte]

I think MidwayUSA is on board. I got confirmed shipping with tracking.


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[heyasiankid]

This decision only overturned the pertinent state law as unconstitutional. Any city ordinances are still in effect--though this decision could be helpful in challenging such ordinances.

However, the Sunnyvale ordinance has already survived a challenge. There may be a legal argument that a local ordinance is more appropriately tailored (and therefore permissible), even while a broad statewide law is not appropriately tailored (and therefore impermissible).

Thanks for some light on the topic, looking for info for San Francisco and Oakland areas at the moment for any news. Guess no fun stuff for I just yet.

[tony270]

Where did you hear that? I know of several folks who have checked out from Brownells online with seemingly no problems.

That was this morning, said that there were 37 people on line waiting for service. That's why.

[tony270]

However today is NOT a Federal holiday and IIRC the Federal Courts are open?

But the state workers are off, the Fed's honor state holidays, Federal pensions were disturbed as if it was a Federal holliday (we got paid on Saturday instead of Monday [the 1st is our payday]. Somebody already mentioned this.

[tony270]

False, a couple of my friends and I were able to place orders directly from the Brownells site.

This was first thing this morning.

[Nor*Cal]

This was first thing this morning.

Then stop posting it!! Why are you confusing people. This was from this morning while they were updating the website to allow CA orders.

Why you are posting this **** at almost 3pm is beyond me.

[timdps]

LOL! That's great! I wonder how long he can sit on that decision and let the mags keep on rolling into the state? Perhaps he will sit on it as long as some of those previous BS en banc decisions. Six months, a year?

T

Someone recently posted that they believe a motion for a stay must first be made to Judge Benitez before one can be brought before the 9th Circuit. This seems to confirm that this is so.

So if I don't have too many wires crossed, DOJ will first have to seek a stay from Benitez, who just may require time to consider the motion. That is the ordinary procedure, as is submission of the motion to stay to a panel, but don't be surprised if the Chief Judge deems this one of those exceptional cases in which it may be made to a single judge.

[chrish4ku]

https://www.classicfirearms.com

[Syntax Error]

LOL! That's great! I wonder how long he can sit on that decision and let the mags keep on rolling into the state? Perhaps he will sit on it as long as some of those previous BS en banc decisions. Six months, a year?

T

Federal judges can get away with a lot. Let's see if Judge Benitez takes his sweet time responding to the appeal motion.

[tony270]

The Ninth can say the opposite because they have appellate jurisdiction over Benitez. Once again, the standard is de novo review. That means the appellate court will completely ignore the trial court's legal analysis and how the facts fit that law.

So no matter how awesome you find Benitez's decision, the Ninth's panel does not have to agree.



And (two out of) three appellate federal judges can completely overturn that federal judge's opinion.

Please stop debating basic legal concepts. This is so tedious.

Hey Esquire, your the Man, you WoW, the real deal, Nationally, the Legal Eagles census is with you 100%. Come back, your knowledge is cherished, we know that you aren't giving legal advise...