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

[Master_P]

This case isn't related to Peruta.

We filed an appeal with the 9th Circus after losing the disctrict court case last year. The 9th, as per usual, is just sitting on it indefinitely "because they can".

Oh I agree it's not related to Peruta. I don't know of any other significant case on the courts docket that could theoretically stall this case for so long.

At what point can the attorneys request mandamus from either this court or SCOTUS?

[CandG]

Oh I agree it's not related to Peruta. I don't know of any other significant case on the courts docket that could theoretically stall this case for so long.

At what point can the attorneys request mandamus from either this court or SCOTUS?

Can't really force a court to make a decision on a case they haven't even heard yet, I don't think. As far as I know, this case is still in the paperwork filing stages and I don't believe the 9th Circus has any obligation to hear it, or at least they don't have any timeframe they have to do it in. I agree that it's insane that it works that way. These guys essentially have no obligation to do their jobs if they don't feel like it. How we allowed such a job to exist is beyond me.

[Master_P]

Can't really force a court to make a decision on a case they haven't even heard yet, I don't think. As far as I know, this case is still in the paperwork filing stages and I don't believe the 9th Circus has any obligation to hear it, or at least they don't have any timeframe they have to do it in. I agree that it's insane that it works that way. These guys essentially have no obligation to do their jobs if they don't feel like it. How we allowed such a job to exist is beyond me.

From what I saw, the Appellant opening brief, the response, and the reply brief have all been filed with the court. That happened in October/November last year. Since then it's been crickets.

I also recall Alan Gura petitioning for a writ of mandamus in Palmer when it had stalled at the district court, but that was after briefing and oral argument. Here it looks like briefing is complete but no orals are scheduled.

[wolfwood]

Are you guys kidding me? Pena is just getting warmed up. Come back in two years and maybe it will get movement.

[CandG]

It's crazy that a case against such a clearly unconstitutional law can get dragged on for so long, but I'm preaching to the choir, I know.

Seems so simple to me. We don't have a list of words that we're allowed to say. We don't have a list of religions we're allowed to practice. We don't have a list of foods we're allowed to eat. Literally every other right, is a right we are allowed to practice in any way we want unless it is expressly prohibited, and yet somehow this law slipped through the cracks that is a blanket ban on everything, with a small list of arbitrary exceptions. With no way to add anything new to that list, thereby making it exactly contrary to it's original purpose - only allowing old model guns to be sold to us commoners, with the newer and more reliable models banned for an inane reason.

[kemasa]

What I think needs to change is that any law which is contested as being unConstitutional should not be enforced until it is shown to be Constitutional by the courts. Right now the politicians can pass what they know is an unConstitutional law and it will be enforced for decades and the politicians don't pay any personal price for doing so.

CA collected a smog impact fee for years and they knew it was going to get tossed out in court, but they kept collecting it, then when it was tossed, they said that people could fill out a form to get their money back, but even though the state had the info on the person, nothing was sent. You had to know in order to get your stolen money back. Again, then is no penalty for the state to do such things.

[command_liner]

Are you guys kidding me? Pena is just getting warmed up. Come back in two years and maybe it will get movement.

The action that is Pena is just about to enter its 9th year. I agree that the next 2 years will be interesting.

[The Original Godfather]

What I think needs to change is that any law which is contested as being unConstitutional should not be enforced until it is shown to be Constitutional by the courts. Right now the politicians can pass what they know is an unConstitutional law and it will be enforced for decades and the politicians don't pay any personal price for doing so.

CA collected a smog impact fee for years and they knew it was going to get tossed out in court, but they kept collecting it, then when it was tossed, they said that people could fill out a form to get their money back, but even though the state had the info on the person, nothing was sent. You had to know in order to get your stolen money back. Again, then is no penalty for the state to do such things.

Yep.

And that's what pisses me off even more.

[Paladin]

http://michellawyers.com/guncasetracker/penavcid/

Coming up on the 1st anniversary of the appeal being fully briefed and still no orals scheduled....

[JAWS]

Unfortunately, it looks like that much of a delay isn't out of the ordinary. It also appears that arguments have been scheduled through November, but it could still get on calendar for December (though I'm not placing any bets).

[AKSOG]

Coming up on the 1st anniversary of the appeal being fully briefed and still no orals scheduled....

If it was a matter of what bathroom the roster wanted to use it would have been reviewed the next day. Priorities.....

[CandG]

If it was a matter of what bathroom the roster wanted to use it would have been reviewed the next day. Priorities.....

Not only that but we would've gotten a complete Presidential press conference about it, parades in the streets, our very own trending hashtag on twitter...

Alas, it's only the constitution so it's not really that important.

[R-Cubed]

Executive orders would have been issued swiftly.

But legally restricting a constitutional right based on a non-existent/unworkable technology....not that interesting to the Social Justice Warrior 9th Circuit. There's people that need cakes after all.

[Drivedabizness]

IDK if this is legally relevant - but in the DC CCW case where it sat for (5?) years, Gura asked for action and CJ Roberts assigned a judge.

I know that in practical terms, we are fooked in the 9CA. But that doesn't mean (funds available) we don't fill the record with demands for our lawful rights. If only to fill out the record and to point out the legal BS we are being subjected to.

Not ONE of these decisions is worthy of any precedent (e.g. Peruta en banc) and we should (assuming lawyers wouldn't face serious sanctions) be respectfully reminding this and other courts at every opportunity.

[wolfwood]

This case is being considered for the February 2017 San Francisco oral argument calendar. The exact date of your oral argument has not been determined at this time.
The following is a link to the upcoming court sessions: http://cdn.ca9.uscourts.gov/datastor...dates_2017.pdf.
Please review these upcoming dates immediately to determine if you have any conflicts with them. If you do have conflicts, please inform the Court within 3 days of this notice by sending a letter to the Court using CM/ECF (Type of Document: File Correspondence to Court; Subject: regarding availability for oral argument).
The Court discourages motions to continue after this 3-day period.
The clerk’s office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. Your case will be assigned to a calendar approximately 10 weeks before the scheduled oral argument date.
Note that your case will be set for hearing in due course if it is not assigned to this calendar.
In addition, if parties would like to discuss settlement before argument is scheduled, they should jointly request a referral to the mediation unit. Such a referral will postpone the calendaring of oral argument. All such requests must be made within 3 days of this notice by sending a letter to the Court using CM/ECF (Type of Document: File Correspondence to Court; Subject: request for mediation). Once the case is calendared, it is unlikely that the court will postpone argument for settlement discussions.[10176193] (AW) [Entered: 10/27/2016 11:51 AM]