CALGUNS California case thread, latest information

[Librarian]

Links to internal calguns threads are broken with the migration, a result I expected; I'll get to them ...


THIS IS VERSION 1.0, SUBJECT TO MODIFICATION FROM CONSTRUCTIVE CRITICISM, AND LATER EXPANSION TO COVER MORE CASES.

Note this is just a subset, not intended to be complete yet, if ever it could get to that state! Post feedback for improvement to the Feedback thread, https://www.calguns.net/calgunforum/....php?t=1902268, please - this one is 'born' locked.


Note this may be a day or two out of date sometimes; please consult the linked case threads where the newest stuff ought to already be posted.

A note on 'what goes here'

This forum, 2nd Amend. Litigation Updates & Legal Discussion, is slightly misnamed, I suppose for brevity.

This is CALGUNS. California gets special treatment here.

It should be CALIFORNIA 2nd Amend. Litigation Updates & Litigation Legal Discussion - not general legal discussion, but discussion of the legal issues in the litigation, in the threads about that litigation.

(For historical reasons, cases from Hawaii also go here - member Wolfwood is an attorney bringing many of those lawsuits, and posts in this forum.)

Cases that are not sourced in CA courts need threads in the companion forum,

National 2nd Amend. Political & Legal Discussion

not here. THAT forum has a broader ambit than this one.

In theory, a thread similar to this one will be created for National.

[Librarian]

How to Read a Court docket

https://guides.loc.gov/case-law/dockets-court-filings

https://columbusstate.libguides.com/criminaljustice/howtoreadadocket

? What is PACER ?

https://pacer.uscourts.gov/

The Public Access to Court Electronic Records (PACER) service provides electronic public access to federal court records. PACER provides the public with instantaneous access to more than 1 billion documents filed at all federal courts.

PACER docs are not free. But there is a re-publishing effort from the Free law Project called RECAP. See Wikipedia, it's good enough - https://en.wikipedia.org/wiki/Free_Law_Project, and Free Law Project is the orignator of CourtListener, the common place to see dockets.

A note on case naming:

Cases against governments usually name a government official as defendant; in California, that is usually the current elected Attorney General. So, as AGs change, many cases amend the defendant/plaintiff to the current office holder. I don't think we have any current cases from Jerry Brown, but we do have some from Kamala Harris, Xavier Becerra, and Rob Bonta. Other states, for example Oregon, can name the Governor as defendant.

And Plaintiffs can change, too. The original filing for what ended as Heller began as Parker.

Typically, a case is styled Plaintiff v Defendant, or first named Plaintiff v first named Defendant. That's a convention, not a rule. And the short name used can be confusing; we get cases titled for plaintiffs, usually: Heller, McDonald, Rhode, Duncan, but there are others.

Best recent example case is New York Rifle and Pistol Association Inc v Kevin P. Bruen, in His Official Capacity as Superintendent of New York State Police; the case is commonly known by the defendant Bruen - just easier to say and type, I guess.

Substitutions of parties, plaintiffs and defendants, are usually documented in the case docket, but the docket title may or may not reflect that change.

A note on California courts

California has state courts - https://www.courts.ca.gov/
Superior Court (trial courts), Courts of Appeal, Supreme Court

A note on Federal Courts

United States Courts (Federal Courts) - https://www.uscourts.gov/

California has EIGHT District Courts (trial courts) https://www.uscourts.gov/about-feder...-website-links 4 of those are bankruptcy courts, and not interesting here
USDC Central CA - Los Angeles/Riverside/Santa Ana
USDC Eastern CA - Sacramento/Fresno/Redding/Bakersfield/Yosemite
USDC Northern CA - San Francisco/Oakland/San Jose/Eureka
USDC Southern CA - San Diego/El Centro

(Their separate websites are wildly different in form!)

California is included in the area served by the 9th Circuit Court of Appeals, the next level up from the District courts - https://www.ca9.uscourts.gov/

See also Wikipedia, good enough for an overview, https://en.wikipedia.org/wiki/United..._Ninth_Circuit

And the whole country gets the United States Supreme Court, https://www.supremecourtus.gov/, AKA SCOTUS

A note on California laws

California Codes are on-line here:

http://leginfo.legislature.ca.gov/faces/codes.xhtml

Frequently, a decision from a court is specific on exactly what parts of which sections of California law are affected, but the decision itself won't repeat the content of those sections. They will be in the original complaint, and likely in several briefs filed by the parties.

But a decision affects only things specifically challenged, so deciding what a decision 'means' requires knowing the content in detail.

A note on where to find court cases

Justia - https://law.justia.com/cases/ - is a good source, but pretty much any search engine will find things by 'Party v party' or book and page reference such as "554 U.S. 570 (2008)".

Briefs, amicus filings, and other documents frequently refer to precedent court cases. It can be fun to compare what one party writes a case says, and what the case actually says.

Other information sources

Parties to the suits often have useful pages.

CRPA, California Rifle and Pistol Association - CRPA.ORG - sometimes is a party, and sometimes provides posts on the practical application of a particular event. Kostas Moros is very active on Twitter/X https://twitter.com/MorosKostas (and he is a member here at Calguns)

SAF, Second Amendment Foundation, SAF.ORG works mostly outside of California, but they have info about their cases, usually here: https://saf.org/category/news/

FPC, Firearms Policy Coalition, https://www.firearmspolicy.org/legal has many out of CA cases, but a few here. They are very active on Twitter/X - https://twitter.com/gunpolicy

Michel & Associates, https://michellawyers.com/, brings a lot cases in California. Several of the lawyers there are members at Calguns. For their cases, they maintain what seems to be a copy of the case docket. Since many of the docs are filed electronically, it's not too difficult to save and post copies at their site.

[Librarian]

Administrivia

Each case gets its own post. Once entered, the post is stuck in the order entered; that means 'newest stuff' cannot 'bubble to the top'

An additional note on 'currency'

It almost certainly will happen that some case post will not be updated for months. And, almost certainly, it will not be because it has been forgotten, but because nothing 'significant' has happened. Lawsuits in the Federal courts particularly have that attribute - with no deadlines, they do what they want, when they want.

? What is a 'significant' action ?

Things like orders setting dates for hearings or oral arguments or submission of briefs are 'significant'. Documents/orders replacing the lawyers with different lawyers are not signficant as to the progress of the case.

Filing of briefs and reply briefs and amicus contributions would be an incredible clerical task to maintain here, and I refer folks to the docket.

[Librarian]

reserved

[Librarian]

reserved 2

[Librarian]

Name: Duncan v Bonta

Subject of the case: Large-capacity magazines

Docket: https://www.courtlistener.com/docket...n-v-rob-bonta/

Latest: https://www.courtlistener.com/docket...n-v-rob-bonta/
Many briefs and Amicus filings November and December 2023 and January 2024

En banc oral argument will take place during the week of March 18, 2024, in San Francisco, California. The date and time will be determined by separate order.

Next event: oral arguments March 19, 2024

Calguns thread: https://www.calguns.net/calgunforum/....php?t=1881038

https://www.calguns.net/calgunforum/showthread.php?t=1335810

CRPA comment:

Keywords: Benitez, Duncan, Magazines, 9th Circuit

[Librarian]

Name: Rhode v Becerra

Subject of the case: Ammunition background checks

Docket: See Michel, https://michellawyers.com/rhode-v-becerra/
No records in RECAP

Latest: https://michellawyers.com/wp-content...urt-Ruling.pdf

The motion to stay the district court?s January 30, 2024 permanent
injunction and judgment (Docket Entry No. 4) is granted

Next event: unknown

Calguns thread: https://www.calguns.net/calgunforum/....php?t=1443673

CRPA comment: https://crpa.org/news/crpa_tv/unansw...rhode-v-bonta/

Keywords: Benitez, Rhode, Ammunition, 9th Circuit, stay

[Librarian]

Name: May v Bonta

Subject of the case: Oppose SB 2 'sensitive places'

Docket: https://www.courtlistener.com/docket...8/may-v-bonta/

Latest: Oral arguments heard 4-11-24

Law enjoined, 12-20-23; injunction appealed to 9th Circuit

https://storage.courtlistener.com/recap/gov.uscourts.cacd.898535/gov.uscourts.cacd.898535.45.0.pdf

HEREBY PRELIMINARILY RESTRAINED AND ENJOINED from implementing or enforcing California Penal Code ? 26230(a)(7), (8), (9), (10), (11), (12), (13), (15), (16), (17), (19), (20), (22), (23), and (26) against any individuals with permits to carry a concealed weapon issued under California Penal Code sections 26150 or 26155. They are also PRELIMINARILY RESTRAINED AND ENJOINED from implementing or enforcing California Penal Code ? 26230 as it pertains to parking areas.

Next event: Opinion from 3-judge panel; no date possible as courts are not on any schedule

Calguns thread: https://www.calguns.net/forum/politi...rgs-april-2024

CRPA comment:

Keywords: Benitez, May, Corralero, SB 2, vampire rule

[Librarian]

Name: Miller v Bonta

Subject of the case: Assault weapons

Docket: https://www.courtlistener.com/docket...ller-v-becerra

https://www.firearmspolicy.org/miller

Latest: 1-26-24 https://assets.nationbuilder.com/fir...pdf?1706314902

This case shall be held in abeyance and submission is withdrawn pending
resolution of Duncan v. Bonta, No. 23-55805. The stay entered on October 28,
2023 (docket entry no. 13) shall remain in effect pending further order of the court.
See Duncan v. Bonta, 83 F.4th 803 (9th Cir. 2023) (en banc)

Next event: none

Calguns thread: https://www.calguns.net/calgunforum/....php?t=1552764

CRPA comment:

Keywords: Benitez, Miller, Assault weapons, 9th Circuit

[Librarian]

Name: Fouts/Tolentino v Becerra

Subject of the case: Batons, Billy, Club

Docket: https://www.courtlistener.com/docket...uts-v-becerra/

Latest: 2-23-24 https://storage.courtlistener.com/re...44922.86.0.pdf

Plaintiffs in this case challenge California Penal Code ? 22210 as it applies to a
billy. It is declared that the prohibition on a billy unconstitutionally infringes the Second
Amendment rights of American citizens and it is hereby enjoined.

Summary judgment is entered for Plaintiffs. The following permanent injunction
is effective immediately:
1. Defendant Attorney General Rob Bonta, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him, and those duly sworn state peace officers and federal law enforcement officers who gain knowledge of this injunction order or know of the existence of this injunction order, are enjoined from implementing or enforcing California Penal Code ? 22210 as it applies to a billy

Next event: none scheduled

Calguns Thread: https://www.calguns.net/calgunforum/....php?t=1556665

Keywords: Benitez, USDC-CA-San Diego, Billy, Fouts

[Librarian]

Case Name: Teter v. Connors

Subject of the case: Butterfly knife/knives

Docket: https://www.courtlistener.com/docket...ter-v-connors/

Latest: 2-22-24 Taken en banc by 9th Circuit (no link to doc yet)

Next event: En banc oral argument will take place during the week of June 24, 2024, in Seattle, Washington.

Calguns thread: https://www.calguns.net/calgunforum/....php?t=1525217

Keywords 9th Circuit, en banc, butterfly knife, Hawaii

[Librarian]

Name: Renna v Bonta

Subject of the case: Handgun Roster

Docket: https://www.courtlistener.com/docket...nna-v-becerra/

Latest: March 25, 2024 - Appeal to 9th stayed until the result of the en banc of Duncan

https://assets.nationbuilder.com/firearmspolicycoalition/pages/5827/attachments/original/1711395230/2024.03.25_049_ORDER_Staying_Case.pdf?1711395230

Earlier: Partial grant of preliminary injunction re: microstamping

https://www.courtlistener.com/docket/18619597/80/renna-v-becerra/

Because the State is unable to show the UHA?s chamber load indicator, magazine disconnect mechanism, and microstamping requirements are consistent with the Nation?s historical arms regulations, Plaintiffs are entitled to a preliminary injunction against the State?s enforcement of those three provisions,

Calguns thread:https://www.calguns.net/calgunforum/....php?t=1665656

CRPA comment:

Keywords: Roster, 9th Circuit, microstamping, preliminary injunction, stayed, Duncan

[Librarian]

Name: Boland v Bonta

Subject of the case: Handgun Roster

Docket: 9th Circuit:

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

District court: https://www.courtlistener.com/docket...-robert-bonta/

Latest: March 25, 2024 - Appeal stayed for the result of Duncan

https://storage.courtlistener.com/recap/gov.uscourts.ca9.343157/gov.uscourts.ca9.343157.77.0.pdf

Calguns thread:https://www.calguns.net/calgunforum/....php?t=1810709

CRPA comment: https://crpa.org/news/blogs/update-o...hallenge-suit/

Keywords: Roster, 9th Circuit, microstamping, preliminary injunction

[Librarian]

Name: Rupp v Bonta

Subject of the case: Assault weapons

Docket: https://michellawyers.com/rupp-v-becerra/


Latest: March 15, 2024 District court summary judgement for Bonta

https://storage.courtlistener.com/recap/gov.uscourts.cacd.676380/gov.uscourts.cacd.676380.173.0.pdf

Filed in 2017. Case was remanded back to lower court by 9th after Bruen, 6-28-22

Quote:

Of particular relevance here, the Ninth Circuit held that weapons are ?outside the scope of the Second Amendment? if they are ??dangerous and unusual.?? Fyock v. Sunnyvale, 779 F.3d 991, 997 (9th Cir. 2015) (quoting Heller, 554 U.S. at 627), abrogated on other grounds by Bruen, 597 U.S. 1. To determine whether a weapon is dangerous and unusual, the Ninth Circuit instructed district courts to ?consider whether the weapon has uniquely dangerous propensities and whether the weapon is commonly possessed by law-abiding citizens for lawful purposes.? Id. Furthermore, ?[r]egulation of a weapon not typically possessed by law-abiding citizens for lawful purposes does not implicate the Second Amendment.? Id

Calguns thread: https://www.calguns.net/calgunforum/....php?t=1327859

CRPA comment:

Keywords: Rupp, assault weapons, Judge Stanton, CRPA

[Librarian]

Nguyen v Bonta

Name: Nguyen vs Bonta

Subject of the case: New 1-in-30 law

Docket: https://www.courtlistener.com/docket...&order_by=desc

Latest: WIN at district court, stayed for 30 days to allow appeal.

https://storage.courtlistener.com/recap/gov.uscourts.casd.695583/gov.uscourts.casd.695583.70.0_1.pdf

The Court declares that California Penal Code sections 27535 and 27540(f),and Defendants? enforcement policies, practices, customs, and actions related to enforcement of California Penal Code sections 27535 and 27540(f), violate the right to keep and bear arms protected under the Second and Fourteenth Amendments to the United States Constitution;

Calguns thread: https://www.calguns.net/calgunforum/....php?t=1676784

CRPA comment:

Keywords: Nguyen, FPC, 1 in 30, Judge Hayes, District Court