Rhode v. Becerra (Challenge to CA Ammo Sales) - ORAL ARGS at 9th 11-9-2020

[misterworks]

Hahaha ShadowGuy!

That 14page opposition carries power very well.

[ar15barrels]

Regarding the exemption for those with a 03FFL & COE. Why both? I would think having a COE would suffice for an exemption, given the process that you go through to obtain one and the fact it has to be renewed every year. I have seen plenty of posting here from those applying for a 03FFL & COE. I wonder how many of those applying, would just get the COE if that qualified for an exemption ?

The exemption was made for licensed collectors.
An 03FFL is a federal collectors license.

The COE requirement is so the STATE can see that you have kept your record clean since the state would not have a way to correlate you getting into trouble between 3 year renewals of your 03FFL if you did not also pay the state a COE tax to keep tabs on you.

[sakosf]

The exemption was made for licensed collectors.
An 03FFL is a federal collectors license.

The COE requirement is so the STATE can see that you have kept your record clean since the state would not have a way to correlate you getting into trouble between 3 year renewals of your 03FFL if you did not also pay the state a COE tax to keep tabs on you.

I know what the 03FFL is for. I had one in the late 1990s and again in more recent times along with a COE. I declined to renew my 03FFL.

[Cr6IC]

When will we know if any of the cases distributed for conference have been granted cert?

[Librarian]

When will we know if any of the cases distributed for conference have been granted cert?

Monday (or Tuesday? I forget) is the first opportunity; any or all of them might be 're-listed' for the next conference, so the decision to grant/deny may be pushed off week by week.

And, as always, SCOTUS has no required dates for such decisions.

[Ceemack]

Michel and Associates has filed an opposition to the emergency stay:

https://michellawyers.com/wp-content/uploads/2020/04/2020-04-30-Appellees-Opp-to-Emergency-Mtn-to-Stay-Prelim.-Injunction-Order.pdf

I'm so proud to be a member of the CRPA!

"Hello, 911? I'd like to report a murder."

That motion is lethal.

[aBrowningfan]

Not different at all and my assertion is still true: A felon shouldn't have a gun therefore has no need for ammo. Thus there is no need for a check because obviously felons will follow the law

You guys are trying to come up with a solution to a problem that statistically doesn't exist; ~700 'felon' attempts out of how many millions of checks. All it proves is felons don't buy their ammo at stores... just like guns.

What is the saying?: Better that 100 criminals go free than 1 innocent be imprisoned (words to that effect)...

Which is one of the reasons why Judge Benitez granted the PI.

Xavier, OTOH, believes that it should apply in reverse.

[Metal God]

700 'felon' attempts out of how many millions of checks

Out of 660,000 checks or there abouts . The stat that stuck out to me is the 16+% that were false denials . 16% of 660,000 is 100,000+ people being denied there right FOR NO REASON !!!! . That's not some insignificant number . That is a huge number and they don't have the numbers from March and April which are probably off the charts because of all the panic buying we just had in those months .

I sure hope I got those numbers right FWIW those are just the numbers the judge requested not all 10 months the law has been in effect .

[Transient]

When will we know if any of the cases distributed for conference have been granted cert?

As early as Monday.

Sent from my SM-N960U using Tapatalk

[ar15barrels]

I know what the 03FFL is for. I had one in the late 1990s and again in more recent times along with a COE. I declined to renew my 03FFL.

I was just answering your "why both" question.
The answer in case you missed it was "the state wants it's money and monitoring too" and since the 03 is what makes you a collector in the eyes of the law, you also need the 03 to be able to get the collectors exemption.
Hence, both...

[BeAuMaN]

The real question might be "who" will be determining the emergency stay on the merits. Unless the current panel issues an order on the merits by Thursday, there will be a new panel appointed on Friday.

So, if what Guninator says is true, and if the new Motions Panel does indeed take over the motions from the previous month (rather than the old panel finish any motion they were working on) then...

It's (rather it was) Friday, May 1st, and we're on The Price Judgement is Right! Let's spin the wheel and see who we got for the new Motions Panel!

Beep Beep beep beep beep beep beep beep beee- Okay I'm done with this gimmick.

The new Motions Panel for May is composed of:
Barry G. Silverman, Clinton Appointee based in Phoenix, AZ
Jacqueline Nguyen, Obama Appointee based in Pasadena, CA
Daniel P Collins, Trump Appointee based in Pasadena, CA

It should be noted that Silverman was on the En Banc Panel in Peruta (ruling that May Issue for Concealed Carry is constitutional iirc)... and he dissented on 2A grounds. Not sure if there's much to go on concerning Collins other than he's a recent Trump appointee. Nguyen was in the majority for Silvester v Harris (ruling saying 10-day waiting period is constitutional). That's just a bit of googling and stuff I vaguely remember.

If you were to only take judges at an occasional opinion and party preferences, then that may indicate that we have a favorable motions panel (and if this panel is indeed ruling on the motion, then it looks more favorable than the last). However, firstly I don't want get everyone's hopes up, and second; I'm not jaded enough yet to believe that Judges have very simple political/legal philosophies (give it another 5 years), and that they'll give serious consideration to the issues before them.

Here's hoping they deny Becerra's motion, the injunction is restored, and that we may find relief once more.

[aBrowningfan]

^^^ I don't think anything will happen until Xavier's crew files their brief in opposition. Question is how long does Xavier's crew have to file their brief in opposition? And then is there another brief from Michel & Associates replying to the brief in opposition? If we are lucky, this gets put out to just before the end of May. Heck, we might even see a decision punted to June's motions panel.

Soo frustrating.

[Californio]

Its Marxists against Patriots, who will WIN?

Sean did I nice job on the filing to end the Administrative Stay.

[BeAuMaN]

^^^ I don't think anything will happen until Xavier's crew files their brief in opposition. Question is how long does Xavier's crew have to file their brief in opposition? And then is there another brief from Michel & Associates replying to the brief in opposition? If we are lucky, this gets put out to just before the end of May. Heck, we might even see a decision punted to June's motions panel.

Soo frustrating.

If the Motions Panel hands over everything to the new monthly Motions Panel, then that has happened already and that's our new Motions Panel for the Emergency Stay motion and briefs related to it. As far as time it should be when the Motions Panel makes a decision, and within the original 21 day window outlined in FRAPs for emergency motions afaik.

[Librarian]

Gentlemembers.
Please stick to posts that are closely tied to the progress of the case.