2022 08 01 Boland V Bonta - Handgun Roster : on hold for Duncan 3-2024

[1919_4_ME]

BOLAND v BONTA

2023 April

Case is at 9th circuit to appeal the preliminary injunction

Here's the first document,

https://storage.courtlistener.com/recap/gov.uscourts.ca9.343157/gov.uscourts.ca9.343157.11.0.pdf

new stuff filed on the court of appeals docket.

https://www.courtlistener.com/docket/67096411/lance-boland-v-rob-bonta/

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Otherwise, still at UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION since 2022 August.

See the trial court docket at https://www.courtlistener.com/docket...-robert-bonta/


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[Librarian]

https://storage.courtlistener.com/recap/gov.uscourts.cacd.858747/gov.uscourts.cacd.858747.1.0.pdf

cmichel@michellawyers.com

[curtisfong]

Remember when FGG said "just buy a different gun, lol colors what?" while mercilessly ridiculing Pena?

Will he eat his words?

Also, guessing this will just get stayed penning Renna. We'll see.

[pacrat]

Remember when FGG said "just buy a different gun, lol colors what?" while mercilessly ridiculing Pena?

Will he eat his words?

Also, guessing this will just get stayed penning Renna. We'll see.

In all fairness; HE WAS RIGHT, THEN. But this is NOW. I doubt he would makes the same comment today. Considering the "THT" BOMBSHELL that just blew up 2A infringements.

WHERE ARE ALL THE GUN OWNING 2A WELFARE RECIPIENTS WHINING ABOUT:

WHAT HAS THE NRA-CRPA DONE FOR ME?

[kuug]

In all fairness; HE WAS RIGHT, THEN. But this is NOW. I doubt he would makes the same comment today. Considering the "THT" BOMBSHELL that just blew up 2A infringements.

WHERE ARE ALL THE GUN OWNING 2A WELFARE RECIPIENTS WHINING ABOUT:

WHAT HAS THE NRA-CRPA DONE FOR ME?

[Aldo The Apache]

^this. However, since the NYSRPA v. Bruen decision, CA, NY and The H.R. have done nothing BUT shown blatant defiance of BOTH Heller, Bruen & SCOTUS!

[pacrat]

How many cases were GVR's within days of Heller? How many Brand Spanking NEW CASES were filed immediately following Heller? How many States/Cities rushed to pass virtue signaling laws immediately after Heller?

BRUEN was the bombshell that blew lower courts out of the water for ignoring HELLER. Which had become common practice since 2008. It also made every state SHALL ISSUE, And quite possibly ConCarry in the near future.

So from my point of view it was a bombshell. History will tell, and history is already talking. LOUD AND CLEAR.

[moleculo]

Remember when FGG said "just buy a different gun, lol colors what?" while mercilessly ridiculing Pena?

Will he eat his words?

Also, guessing this will just get stayed penning Renna. We'll see.

Not the same at all. The "I want XYZ color" wasn't a THT argument. Nor was it really the "2 step" argument. It was just plain stupid. I do find humor in the fact that this complaint paid homage to the color argument, though. I wouldn't be surprised if that was just included to take a parting shot at the Gene / Brandon show, lol.

I also like that the dormant commerce clause was included in the complaint. I always thought that might be an angle to attack.

[taperxz]

Not the same at all. The "I want XYZ color" wasn't a THT argument. Nor was it really the "2 step" argument. It was just plain stupid. I do find humor in the fact that this complaint paid homage to the color argument, though. I wouldn't be surprised if that was just included to take a parting shot at the Gene / Brandon show, lol.

I also like that the dormant commerce clause was included in the complaint. I always thought that might be an angle to attack.

Is a retailer a plaintiff?

[moleculo]

Is a retailer a plaintiff?

[taperxz]

They're not using the commerce clause attack in that manner. Rather, they're showing that the UFA is in violation because it allows for private party sales, but not retail sales.

Plus this:

"Plaintiff Reno May is a resident of SonomaCounty, California, and a lawabiding citizen of the United States. Plaintiff May has purchased Off-Roster pistols in the
secondary market at significant markups and wishesto purchase more Off-Roster models.
Plaintiff May would attempt to buy one in the retail market but for the fact that the
attempt to do so would be futile because it is unlawful for a dealer to sell an Off-Roster
handgun to him because he is not eligible for any of the exemptions.

Again, where's the retailer? The customer has free market access but the entity that absolutely can't transfer the gun from their inventory is the dealer.

Im not arguing with you. I'm just pointing out how the court could make this an issue.

[Mongo68]

Didn’t scotus say you can’t have uneven enforcement as well? IE LEO carve outs for guns that are “unsafe” for mere peasants?

[moleculo]

Again, where's the retailer? The customer has free market access but the entity that absolutely can't transfer the gun from their inventory is the dealer.

Im not arguing with you. I'm just pointing out how the court could make this an issue.

How does the customer have free market access? IMO, they don't. They can only buy via PPT if someone happens to have what they want / need and also desires to sell it The only truly free market access would be if they had access to both the retail and the PPT market.

[SkyHawk]

The most Bruen did was declare lower courts dead wrong for using intermediate scrutiny in defiance of Heller

Well apparently that was "the most" much needed. It was a shot across the bow, and the floodgates are wide open now. Scotus has written it with crayons for even the dumbest or recalcitrant appeals court to read in plain english.

[taperxz]

How does the customer have free market access? IMO, they don't. They can only buy via PPT if someone happens to have what they want / need and also desires to sell it The only truly free market access would be if they had access to both the retail and the PPT market.

I'm saying the state will use "free market" as ability to still obtain the firearm. I'm not saying its correct. I'm still pointing out that a plaintiff in the retail business would need to be added. The retailer is the entity that is enforcing the roster to the purchaser.