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Peņa v. Cid (Handgun Roster) **CERT DENIED 6-15-2020**

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  • fizux
    Senior Member
    CGN Contributor - Lifetime
    • Apr 2012
    • 1540

    Peņa v. Cid (Handgun Roster) **CERT DENIED 6-15-2020**

    https://www.supremecourt.gov/docket/...ic/18-843.html

    . . . . . . Current Status: (Most recent first)

    CERT DENIED 6-15-20

    6-8-20 Re-distributed for conference of 6-11

    5-22-20 Re-distributed for conference of 5-28

    5-19-20 Re-distributed for conference of 5-21

    5-11-20 Re-distributed for conference of 5-15

    5-4-20 No mention of this case in Monday orders

    4-27-20 Distributed for the conference of 5-1-20

    Held for NYSRPA

    3-20-19 Distributed for conference of 4-12-19

    12/28/2018 - Appealed to SCOTUS,
    Supreme Court of the United States, Supreme Court, Supreme Court of US, Supremecourt, United State Supreme Court, US Supreme Court, U.S. Supreme Court, Search, Document


    Next move: Response due Feb 04, 2019

    (h/t Paladin)

    2/26/2015 - Appealed to 9th Circuit Court of Appeals - see https://www.calgunsfoundation.org/li...ena-v-lindley/

    2/26/2015 - judge at Eastern District grants Defense motion to dismiss - http://ia801400.us.archive.org/30/it...91444.94.0.pdf

    As of 2/7/2014: Awaiting Decision on Cross-MSJs; hx on Mtn to Supp. Rec. set for 2/28/2014.

    1/28/2014 - Motion to Supplement Record, filed by Alan Gura (P&A, Decls. by Ruger, S&W); hx set for 2/28/2014.
    1/16/2014 - Notice of Supp. Auth., filed by Alan Gura (re: D.C. microstamping reqts).
    12/31/2013 - Stip IAW 12/18 order.
    12/30/2013 - Transcript of 12/16 hx; may be purchased (high $) until released 3/31/2014.
    12/18/2013 - Order to file stip w/ supplemental info.
    12/16/2013 - MSJ hxs.
    12/9/2013 - DOJ's reply.
    12/9/2013 - CGF's reply.
    12/2/2013 - DOJ's opposition to CGF's MSJ (SSUMF response).
    12/2/2013 - CGF's opposition to DOJ's MSJ (SSUMF response).
    11/4/2013 - Cross-MSJs hx reset to 12/16/2013.
    11/2/2013 - CGF's MSJ Brief [corrected].
    11/1/2013 - Glock's Amicus Brief.
    10/26/2013 - CGF's MSJ filed (P&A, SSUMF, see docket for Decls., hx 11/22/2013).
    10/25/2013 - Glock, Inc.'s Amicus Motion filed.
    10/25/2013 - DOJ's MSJ filed (P&A, SSUMF, see docket for Decls., hx 11/22/2013).
    7/1/2013 - Answer to SAC.
    6/10/2013 - 2nd Amended Complaint (added micro-stamping, by stip).
    5/28/2013 - Discovery reopened through 10/4/2013 (limited to micro-stamping), dispositive motions by 11/22/2013.
    9/6/2012 - Wilfredo Cid was replaced by Stephen Lindley, Chief, California DOJ Bureau of Firearms.
    8/1/2012 - Stay lifted.
    8/9/2010 - Stay extended pending further consideration of Nordyke in light of McDonald opinion.
    10/2/2009 - Stayed pending Nordyke.
    4/30/2009 - Complaint.

    Trial Court: E.D. Cal.
    Case No.: 2:09-cv-01185
    Docket: http://ia801400.us.archive.org/30/it...44.docket.html

    Links:
    Related CGN discussion thread: http://www.calguns.net/calgunforum/s...d.php?t=179227
    Roster of Handguns Certified for Sale in California: http://certguns.doj.ca.gov/
    CA DOJ BOF Newly Added Handguns Models: http://oag.ca.gov/sites/oag.ca.gov/f...entlyadded.pdf (Thanks ChaoSS)
    CA DOJ BOF De-Certified Handguns Models: http://oag.ca.gov/sites/oag.ca.gov/f...ms/removed.pdf (ditto)
    CGF Wiki for this case: http://wiki.calgunsfoundation.org/index.php/Pena_v_Cid
    CGF Wiki Litigation page: http://wiki.calgunsfoundation.org/Li...st_and_Present
    Last edited by Librarian; 06-15-2020, 12:25 PM. Reason: updates fix docket
    Nationwide Master List of Current 2A Cases, courtesy of Al Norris @ TFL.

    Reloading Clubs: SF, East Bay

    Case Status: (Handgun Roster). SF v. 44Mag (Mag Parts Kits). Bauer v. Harris (DROS Fees). Davis v. LA (CCW policy). Jackson v. SF (Ammo/Storage). Teixeira (FFL Zoning). First Unitarian v. NSA (Privacy). Silvester (Waiting Period). Schoepf (DROS Delay). Haynie (AW ban). SFVPOA v. SF (10+ mag possession ban). Bear in Public: Drake (3CA); Moore (7CA); Richards, Peruta, McKay (9CA).
  • #2
    jdoane9724
    Junior Member
    • Jul 2009
    • 84

    can't get to links....

    Message says server is busy.....

    Comment

    • #3
      fizux
      Senior Member
      CGN Contributor - Lifetime
      • Apr 2012
      • 1540

      Originally posted by jdoane9724
      Message says server is busy.....
      Which link, and is it still an issue?
      Nationwide Master List of Current 2A Cases, courtesy of Al Norris @ TFL.

      Reloading Clubs: SF, East Bay

      Case Status: (Handgun Roster). SF v. 44Mag (Mag Parts Kits). Bauer v. Harris (DROS Fees). Davis v. LA (CCW policy). Jackson v. SF (Ammo/Storage). Teixeira (FFL Zoning). First Unitarian v. NSA (Privacy). Silvester (Waiting Period). Schoepf (DROS Delay). Haynie (AW ban). SFVPOA v. SF (10+ mag possession ban). Bear in Public: Drake (3CA); Moore (7CA); Richards, Peruta, McKay (9CA).

      Comment

      • #4
        Dvrjon
        CGN/CGSSA Contributor - Lifetime
        CGN Contributor - Lifetime
        • Nov 2012
        • 11225

        Originally posted by fizux
        Which link, and is it still an issue?
        Last 2 links - CGF sites

        Comment

        • #5
          fizux
          Senior Member
          CGN Contributor - Lifetime
          • Apr 2012
          • 1540

          Originally posted by Dvrjon
          Last 2 links - CGF sites
          Well, considering Oracle is preoccupied by blocking off half of downtown SF for OpenWorld2013, and the outcome of that little sailboat race today, I'm not surprised that a MySQL server is too hammered, uhhh, I mean, "unavailable."

          I don't have any control over what happens to the links, but I'll revise my post if they change.
          Nationwide Master List of Current 2A Cases, courtesy of Al Norris @ TFL.

          Reloading Clubs: SF, East Bay

          Case Status: (Handgun Roster). SF v. 44Mag (Mag Parts Kits). Bauer v. Harris (DROS Fees). Davis v. LA (CCW policy). Jackson v. SF (Ammo/Storage). Teixeira (FFL Zoning). First Unitarian v. NSA (Privacy). Silvester (Waiting Period). Schoepf (DROS Delay). Haynie (AW ban). SFVPOA v. SF (10+ mag possession ban). Bear in Public: Drake (3CA); Moore (7CA); Richards, Peruta, McKay (9CA).

          Comment

          • #6
            orangeusa
            • Jul 2009
            • 9055

            Maybe a link

            This is what I got.

            Sorry! This site is experiencing technical difficulties.
            Try waiting a few minutes and reloading.

            (Can't contact the database server: mysqlnd cannot connect to MySQL 4.1+ using the old insecure authentication. Please use an administration tool to reset your password with the command SET PASSWORD = PASSWORD('your_existing_password'). This will store a new, and more secure, hash value in mysql.user. If this user is used in other scripts executed by PHP 5.2 or earlier you might need to remove the old-passwords flag from your my.cnf file (mysql.sra321.geovario.com))


            --------------------------------------------------------------------------------

            You can try searching via Google in the meantime.
            Note that their indexes of our content may be out of date.

            Calguns Foundation Wiki WWW

            Comment

            • #7
              command_liner
              Senior Member
              • May 2009
              • 1175

              The wiki is wacky and lacking. Tons of activity in the docket.

              Any updates?
              What about the 19th? Can the Commerce Clause be used to make it illegal for voting women to buy shoes from another state?

              Comment

              • #8
                REH
                CGN/CGSSA Contributor
                CGN Contributor
                • Feb 2009
                • 1510

                Yes, please update.

                Comment

                • #9
                  Librarian
                  Admin and Poltergeist
                  CGN Contributor - Lifetime
                  • Oct 2005
                  • 44625

                  Having looked at the docket, a summary:

                  On October 25 and 26th Defendant and Plaintiff each filed notice informing the other that on Nov 22 each would file a motion for summary judgement. ETA after a bit of education - thanks, Fabio - the motions are already filed.

                  Defendants say 'nothing to see here'.

                  Plaintiffs say 'Roster is unconstitutional'.

                  Entertaining, but the response to the requests will be more like 'activity', I think.
                  Last edited by Librarian; 11-05-2013, 2:01 PM.
                  ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                  Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                  Comment

                  • #10
                    REH
                    CGN/CGSSA Contributor
                    CGN Contributor
                    • Feb 2009
                    • 1510

                    Thank you

                    Comment

                    • #11
                      LoneYote
                      Senior Member
                      • Aug 2012
                      • 608

                      Originally posted by Librarian
                      Defendants say 'nothing to see here'.

                      Plaintiffs say 'Roster is unconstitutional'.
                      Succinct and entertaining. I am tempted to let you translate all the legalize for me from now on.....
                      "I do not agree with what you say, but I'll defend to the death your right to say it." - Voltaire
                      Originally posted by mossy
                      let me guess this means the case will move as fast as a Tuttle on heroin now instead of a snail on salt.................
                      Originally posted by Librarian
                      Need we have a moderator behind every blade of grass?

                      Comment

                      • #12
                        FABIO GETS GOOSED!!!
                        Veteran Member
                        • Feb 2006
                        • 3012

                        Originally posted by Librarian
                        On October 25 and 26th Defendant and Plaintiff each filed notice informing the other that on Nov 22 each would file a motion for summary judgement.
                        Not sure what docket you're looking at but the motions have been filed already and November 22nd is the hearing.

                        Here's my summary:

                        DOJ says "no substantial burden".

                        CGF lazily recycles 2009 MSJ and makes no attempt to argue substantial burden.

                        See my years-old posts on this stinker of a case for predictions how these arguments will play out.

                        Anyone think the 9th Circuit will not adopt a substantial burden test?
                        sigpic

                        Comment

                        • #13
                          GM4spd
                          Calguns Addict
                          • May 2008
                          • 5682

                          Looks like another "urinating into a fan" situation. Pete

                          Comment

                          • #14
                            FABIO GETS GOOSED!!!
                            Veteran Member
                            • Feb 2006
                            • 3012

                            The funniest part of the DOJ's motion is the "substantial burden" precedent cited at page 15 of its points and authorities.
                            sigpic

                            Comment

                            • #15
                              fizux
                              Senior Member
                              CGN Contributor - Lifetime
                              • Apr 2012
                              • 1540

                              Thanks to all for the gentle reminder to update.

                              Originally posted by FABIO GETS GOOSED!!!
                              The funniest part of the DOJ's motion is the "substantial burden" precedent cited at page 15 of its points and authorities.
                              Let me guess, Teixeira?
                              Nationwide Master List of Current 2A Cases, courtesy of Al Norris @ TFL.

                              Reloading Clubs: SF, East Bay

                              Case Status: (Handgun Roster). SF v. 44Mag (Mag Parts Kits). Bauer v. Harris (DROS Fees). Davis v. LA (CCW policy). Jackson v. SF (Ammo/Storage). Teixeira (FFL Zoning). First Unitarian v. NSA (Privacy). Silvester (Waiting Period). Schoepf (DROS Delay). Haynie (AW ban). SFVPOA v. SF (10+ mag possession ban). Bear in Public: Drake (3CA); Moore (7CA); Richards, Peruta, McKay (9CA).

                              Comment

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