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Tea Leaf Reading on St. Benitez Timing????

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  • #46
    madstyle1
    Senior Member
    • Aug 2012
    • 927

    If I had to guess? maybe 2 more weeks?!?!? 🤣🤣🤣

    Comment

    • #47
      1911su16b870
      CGN/CGSSA Contributor
      CGN Contributor
      • Dec 2006
      • 7654

      Originally posted by Zilla
      Rumor has it that the Washington "assault weapons" ban will be signed at 2:30pm today and that Benitez was waiting for that. Just a little double rumor for everyone lol.
      The bill has passed both legislatures and the Governor is itching to sign it and take away the good people in WA 2A rights.
      "Bruen, the Bruen opinion, I believe, discarded the intermediate scrutiny test that I also thought was not very useful; and has, instead, replaced it with a text history and tradition test." Judge Benitez 12-12-2022

      NRA Endowment Life Member, CRPA Life Member
      GLOCK (Gen 1-5, G42/43), Colt AR15/M16/M4, Sig P320, Sig P365, Beretta 90 series, Remington 870, HK UMP Factory Armorer
      Remington Nylon, 1911, HK, Ruger, Hudson H9 Armorer, just for fun!
      I instruct it if you shoot it.

      Comment

      • #48
        tenemae
        code Monkey
        CGN Contributor - Lifetime
        • Jun 2010
        • 1680

        Benitez has nothing to do with WA. Speculating on the link between the signing of the AWB and the decision of Benitez's cases makes no sense

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        • #49
          19K
          Veteran Member
          • Aug 2013
          • 3598

          Originally posted by tenemae
          Benitez has nothing to do with WA. Speculating on the link between the signing of the AWB and the decision of Benitez's cases makes no sense

          His ruling will have a national effect eventually.

          Comment

          • #50
            Zilla
            Junior Member
            • Jan 2013
            • 48

            Originally posted by tenemae
            Benitez has nothing to do with WA. Speculating on the link between the signing of the AWB and the decision of Benitez's cases makes no sense
            WA and CA are both in the 9th circuit, so definitely related.

            Comment

            • #51
              TruOil
              Senior Member
              • Jul 2017
              • 1921

              Originally posted by Zilla
              WA and CA are both in the 9th circuit, so definitely related.
              Only if this case were in the Court of Appeals AND decided issues that were the same as those arising under the Washington law. Otherwise they are not even tangentially related, as one involves the signing of a bill that has not been judicially challenged and the other a long standing judicial challenge to an existing California statute. Legislators really don't care all that much about what trial courts do. Just look at the states that are copying the NYS statutes even after trial court injunctions were issued.

              Comment

              • #52
                Sgt Raven
                Veteran Member
                • Dec 2005
                • 3749

                There are 4 AWB cases combined in Illinos in Federal Judge Stephen McGlynn District Court. In the orals, this Judge seems to understand firearms and maybe is another Judge Benitez.


                transcript: https://assets.nationbuilder.com/fir...pdf?1681588201


                Mark Smith video: https://youtu.be/G7pn3cJhQOk
                sigpic
                DILLIGAF
                "Never attribute to malice that which can be adequately explained by stupidity, but don't rule out malice"
                "Once is Happenstance, Twice is Coincidence, Thrice is Enemy Action"
                "The flak is always heaviest, when you're over the target"

                Comment

                • #53
                  Zilla
                  Junior Member
                  • Jan 2013
                  • 48

                  Originally posted by TruOil
                  Only if this case were in the Court of Appeals AND decided issues that were the same as those arising under the Washington law. Otherwise they are not even tangentially related, as one involves the signing of a bill that has not been judicially challenged and the other a long standing judicial challenge to an existing California statute. Legislators really don't care all that much about what trial courts do. Just look at the states that are copying the NYS statutes even after trial court injunctions were issued.
                  Close enough to send a message......At least tangentially . Just a rumor I heard on the interwebs, most likely here.
                  Last edited by Zilla; 04-20-2023, 3:06 PM.

                  Comment

                  • #54
                    mit31
                    Member
                    • Aug 2008
                    • 448

                    It would make a lot more sense for him to release the ruling BEFORE the WA bill was passed... not after. I also agree that he is not thinking about new legislation in CA, much less other states.

                    Originally posted by Zilla
                    Close enough to send a message......At least tangentially . Just a rumor I heard on the interwebs, most likely here.
                    06/29/21 App Received
                    07/29/21 Check Cashed
                    04/22/22 Livescan CA/FBI Cleared
                    05/17/22 Interview
                    07/26/22 Livescan Firearms Cleared
                    08/08/22 Proceed to Training Email
                    12/30/22 Training Sent
                    01/02/23 Training Received
                    03/17/23 Call for Pick Up
                    04/20/23 Pick Up Date

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                    • #55
                      riderr
                      Calguns Addict
                      • Sep 2013
                      • 5913

                      Benitez shot down the state's request for the hearing delay. Yet, he delays the ruling. It's not helping the cause.

                      Comment

                      • #56
                        bigstick61
                        Veteran Member
                        • May 2008
                        • 3193

                        Originally posted by Bhobbs
                        Prop 8 passed in California. Blaming Reps for the population being overwhelmingly liberal is an interesting approach.
                        Progressives messing with State governments using SCOTUS as a tool also has had an effect here, although some progressive Republicans like Earl Warren were complicit. For example, without Reynolds v. Sims a Republican Senate majority today would not be out of the question and a Democrat supermajority would be impossible. A Democratic supermajority in the Assembly would be more difficult to achieve.

                        I also don't see what is going to be solved by Republicans becoming a slight variation upon Democrats, which seems to be what certain people want, including a lot of Democrats, if you read their op-eds; they cry with crocodile tears that they want the CA GOP to be relevant again so they can have two-party governance and all the GOP has to do is adopt their positions on most or all issues. What they really want is for the GOP to become a token loyal opposition that lets them pretend to have anything other than one-party/one-ideology rule and that's what the GOP would become if it went down the suggested route.

                        And if the GOP were to kowtow to public opinion for the sake of merely winning elections, then why not also support gun control? Putting it to a plebiscite clearly showed it is the more popular position by a large margin. The idea that the GOP should shift Left to compete with the Left is quite folly and IMO a lot of the people promoting it are on that side of the spectrum, even if they want to believe otherwise.

                        Comment

                        • #57
                          bigstick61
                          Veteran Member
                          • May 2008
                          • 3193

                          Originally posted by 19K
                          His ruling will have a national effect eventually.
                          Still doesn't make sense for him to base his timing on the WA bill, though. It's a rather cockamamie idea.

                          Comment

                          • #58
                            Sgt Raven
                            Veteran Member
                            • Dec 2005
                            • 3749

                            Originally posted by riderr
                            Benitez shot down the state's request for the hearing delay. Yet, he delays the ruling. It's not helping the cause.

                            Jeez, what proof do you have that Judge Benitez is delaying his ruling? It will take as long as is needed to write a solid decision. Most of us want it done, but I have seen nothing to say it is purposely being delayed.
                            sigpic
                            DILLIGAF
                            "Never attribute to malice that which can be adequately explained by stupidity, but don't rule out malice"
                            "Once is Happenstance, Twice is Coincidence, Thrice is Enemy Action"
                            "The flak is always heaviest, when you're over the target"

                            Comment

                            • #59
                              Zilla
                              Junior Member
                              • Jan 2013
                              • 48

                              Originally posted by bigstick61
                              Still doesn't make sense for him to base his timing on the WA bill, though. It's a rather cockamamie idea.


                              I dont know, this guy has a lot of contacts in that area.

                              Comment

                              • #60
                                1911su16b870
                                CGN/CGSSA Contributor
                                CGN Contributor
                                • Dec 2006
                                • 7654

                                Benitez is never late...


                                Last edited by 1911su16b870; 04-21-2023, 8:48 AM.
                                "Bruen, the Bruen opinion, I believe, discarded the intermediate scrutiny test that I also thought was not very useful; and has, instead, replaced it with a text history and tradition test." Judge Benitez 12-12-2022

                                NRA Endowment Life Member, CRPA Life Member
                                GLOCK (Gen 1-5, G42/43), Colt AR15/M16/M4, Sig P320, Sig P365, Beretta 90 series, Remington 870, HK UMP Factory Armorer
                                Remington Nylon, 1911, HK, Ruger, Hudson H9 Armorer, just for fun!
                                I instruct it if you shoot it.

                                Comment

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