Renna v Bonta - US Dist Ct So Cal, 11/2020 (Roster: PI granted and stayed 3-31-23)

[curtisfong]

// Well, I'd love to change the title to "Roster: PI granted and stayed 3-31-23" but the database will not let me. - Librarian

=== COURT DOCS: https://www.courtlistener.com/docket...nna-v-becerra/ ===


========= 3-31-2023 =========

https://t.co/iprbXy0m6B

CONCLUSION AND ORDER
For these reasons, the Court hereby ORDERS the following: (1) Plaintiffs? motion for a preliminary injunction is GRANTED as to California Penal Code ?? 31910 (b)(4), (5), (6) & (7) (CLI, MDM, microstamping, and three-for-one removal provisions); (2) Plaintiffs? motion for a preliminary injunction is DENIED as to all other challenged provisions of the UHA; (3) Defendants are ENJOINED from enforcing California Penal Code ?? 31910 (b)(4), (5), (6) & (7) (CLI, MDM, microstamping, and three-for-one removal provisions); (4) posting of bond is waived; and (5) the preliminary injunction is STAYED pending appeal or further hearing on this matter, whichever occurs first.
The Court sets the matter for a telephonic status conference on April 14, 2023, at 1:30 p.m., at which time the parties shall advise the Court how they wish to proceed.

https://www.saf.org/wp-content/uploads/2020/11/Renna-v.-Becerra-Complaint-ECF-Filed.pdf

Since the ?€œunsafe handgun?€? regulatory scheme last faced a legal challenge in Pena v. Lindley, 898 F.3d 969 (9th Cir. 2018)(cert. denied June 15, 2020 sub nom. Pena v. Horan), wherein the Ninth Circuit, effectively applying rational basis, upheld a prior version of the laws challenged herein, the State of California?€™s legislature recently enacted an expansive amendment to California?€™s Handgun Ban in Assembly Bill No. 2847 (2019 ?€“2020 Reg. Sess.) (?€œAB 2847?€?) that makes it ever more onerous, inter alia, by requiring the Defendants?€™ Department of Justice to remove three firearms from the Roster that are not compliant with its current requirements for every single new firearm added to the roster. In essence, under California?€™s Handgun Ban, the Roster of available handgun makes and models will be reduced three times for each new model added to the Roster.

[9mmContagion]

Let’s hope this one goes somewhere

[mshill]

The state can always argue that it is impossible to add anything to the roster so the lawsuit is moot.

[M60A1Rise]

Settled 10 years from now when no one will care anymore. I'm all for law & justice but damn our system needs an overhaul badly. America where a court case will last your lifetime

[kuug]

Settled 10 years from now when no one will care anymore. I'm all for law & justice but damn our system needs an overhaul badly. America where a court case will last your lifetime

More specifically it's the 9th circuit that needs the overhaul. Even with 29 active judges we cannot get cases done in a timely manner. The 9th circuit needs to be split up.

[gumby]

More specifically it's the 9th circuit that needs the overhaul. Even with 29 active judges we cannot get cases done in a timely manner. The 9th circuit needs to be split up.

[thebowser]

I'm always happy to see more challenges to these ridiculous laws brought forth, but damn is it disheartening knowing we're still 5-10 years from a final resolution. The supreme court, while potentially leaning in our favor currently, very well could be leaning left again by the time this case makes it there, if the dems haven't already packed the court by then.

[mit31]

Not likely unless one party controls all three houses, AND has fillibuster proof majority. So... never.

More specifically it's the 9th circuit that needs the overhaul. Even with 29 active judges we cannot get cases done in a timely manner. The 9th circuit needs to be split up.

[Offwidth]

Unfortunately the process of fixing the 9th circuit is on hold for now. Lets hope Kamala administration does not revert it too badly in the next four years until we can conduct a fair election.

[riderr]

Unfortunately the process of fixing the 9th circuit is on hold for now. Lets hope Kamala administration does not revert it too badly in the next four years until we can conduct a fair election.

Unfortunately, all we can hope for is to freeze the current state of CA9 for the next four years.

[kuug]

Not likely unless one party controls all three houses, AND has fillibuster proof majority. So... never.

Yes we all know it's not likely to happen, you don't need to remind us. It doesn't change the fact it needs to happen.

[IVC]

It's important to get the ball rolling again since we've had a huge shift in the balance of the SCOTUS.

Unlike the initial Pena, this case will be likely heard after an expected SCOTUS ruling on one of the many cases that are ripe for a cert, which will limit the ability of the lower court to play games. There are AWB and magazines cases getting ready and it won't be pretty for the anti-gunners.

As an example, we have recently won the magazine case in CA-9. They (Becerra, Thomas) are considering the usual treatment of "en banc-ing" us, but this time it would lead to an easy SCOTUS case that would take magazine capacity bans off the table nationally. So, we either get the magazine ban overturned in CA-9 jurisdiction by letting the current ruling stand, or we wait a few more months and get *all* magazine bans overturned, together with a framework for evaluation of 2A cases by the lower courts.

This is going to be an exciting time for the 2A rights, no matter what happens with the current presidential election. Good things are coming...

[cire raeb]

It's important to get the ball rolling again since we've had a huge shift in the balance of the SCOTUS.

Unlike the initial Pena, this case will be likely heard after an expected SCOTUS ruling on one of the many cases that are ripe for a cert, which will limit the ability of the lower court to play games. There are AWB and magazines cases getting ready and it won't be pretty for the anti-gunners.

As an example, we have recently won the magazine case in CA-9. They (Becerra, Thomas) are considering the usual treatment of "en banc-ing" us, but this time it would lead to an easy SCOTUS case that would take magazine capacity bans off the table nationally. So, we either get the magazine ban overturned in CA-9 jurisdiction by letting the current ruling stand, or we wait a few more months and get *all* magazine bans overturned, together with a framework for evaluation of 2A cases by the lower courts.

This is going to be an exciting time for the 2A rights, no matter what happens with the current presidential election. Good things are coming...

The clowns running the state and 9th Circus would smart to let their anti-gun laws die in the lower courts than risk losing it all nationwide.

[curtisfong]

The clowns running the state and 9th Circus would smart to let their anti-gun laws die in the lower courts than risk losing it all nationwide.

Your mistake is assuming they care about the eventual outcome. What they care about is the *perception* that they are fighting. They want to be able to (plausibly) say they did all they could. To that end, expect them to fight to the bitter end, even it means to their (apparent) detriment.

Now, a chess player (or anyone else very good at competition, or even an AI) would see that deviation from optimal play as a weakness, and exploit it fully. Full steam ahead.

[kuug]

It's important to get the ball rolling again since we've had a huge shift in the balance of the SCOTUS.

Unlike the initial Pena, this case will be likely heard after an expected SCOTUS ruling on one of the many cases that are ripe for a cert, which will limit the ability of the lower court to play games. There are AWB and magazines cases getting ready and it won't be pretty for the anti-gunners.

As an example, we have recently won the magazine case in CA-9. They (Becerra, Thomas) are considering the usual treatment of "en banc-ing" us, but this time it would lead to an easy SCOTUS case that would take magazine capacity bans off the table nationally. So, we either get the magazine ban overturned in CA-9 jurisdiction by letting the current ruling stand, or we wait a few more months and get *all* magazine bans overturned, together with a framework for evaluation of 2A cases by the lower courts.

This is going to be an exciting time for the 2A rights, no matter what happens with the current presidential election. Good things are coming...

Don't get your hopes up that it will happen this term. By my estimation, unless the Court is willing to make one of the prohibited persons cases under their docket, then we likely won't get desirable 2A case in front of the Supreme Court until the October 2021-June 2022 term. Young v Hawaii won't be published until late spring or around summer and that would mean no SCOTUS involvement until the October 2021 term. ANJRPC v Grewal is the big one that we need to be looking at. In the third circuit the case is currently seeking en banc review of the panel decision that NJ mag bans are constitutional. We have a big advantage in the third circuit currently but if the judges do not seek en banc review we can expect an immediate appeal to the Supreme Court. That would put ANJRPC v Grewal in the running to be granted cert, have oral arguments, and had an opinion published this term in June 2021. Duncan probably has another two years going through 9th circuit en banc hell before it gets an opportunity to seek cert at the Supreme Court.