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

[Paladin]

No updates, huh?

My *guess* is mid July EARLIEST. Try not to even think of Pena until after the 4th.

[monk]

My *guess* is mid July EARLIEST. Try not to even think of Pena until after the 4th.

Day early but...where the heck do I go to see the next scheduled event? Only thing I found was thru PACER and I don't have a login.

[Junkie]

The real problem is that LCI and MDS severely limit availability in the first place.

Remove *just* microstamping from the roster requirements and we still cannot have A SINGLE (non-grandfathered) Glock, HK, S&W semi-auto, Springfield, FNH, Beretta, etc. Not a single one!

It's similar to how the magazine capacity affects availability - it's not just that we have to have no more than 10, but there are MANY guns that don't come in restricted versions and aftermarket magazines are all but impossible to find. Akin to forcing "cars with 10 gallon or smaller tanks" - sure it would reduce bank robberies by forcing fleeing robbers to fill up more often (sarcasm), but it would also significantly limit car availability since very few have such tanks.

If we just lose the microstamping, we lost in practical terms.

A fair number of manufacturers made guns specifically to meet CA standards (LCI, MDS) when they reasonably could. If microstamping is overturned, I expect that will happen again.

[CalNRA]

A fair number of manufacturers made guns specifically to meet CA standards (LCI, MDS) when they reasonably could. If microstamping is overturned, I expect that will happen again.

In my recollection guns like the Ruger MKIV would have been an easy add to the roster since they discontinued MKIII series altogether, but the microstamping is in the way even though the MKIV already has LCI and MDS.

Of course whether or not Ruger would be submitting it to the CADOJ for rostering is a whole other can of worms, but with the Microstamping in place it precludes any potential MKIV discussions in the first place.

[AdamVIP]

Scared to ask but is the current status still that oral arguments happened over 3 months ago? The court heard arguments and still hasn't worked out a decision in 3 months? I guess since there is no criminality that the 6th amendment has no teeth here.

[ke6guj]

In my recollection guns like the Ruger MKIV would have been an easy add to the roster since they discontinued MKIII series altogether, but the microstamping is in the way even though the MKIV already has LCI and MDS.
.

nope, not LCI on the MKIV. Ruger removed it when they came out with the MKIV.

[CalNRA]

nope, not LCI on the MKIV. Ruger removed it when they came out with the MKIV.

I was told wrong then since I never held one in person.

Seems like adding one would be trivial since the LCI on my 22/45 was just a tab right before the chamber that pops out a bit when a round is chambered.

[Rastoff]

I was told wrong then since I never held one in person.

Seems like adding one would be trivial since the LCI on my 22/45 was just a tab right before the chamber that pops out a bit when a round is chambered.

Trivial or not, it's a moot point. They still don't have microstamping and never will.

No new handguns will ever be added to the roster. This is why it's so important to have the roster eliminated.

[Librarian]

Scared to ask but is the current status still that oral arguments happened over 3 months ago? The court heard arguments and still hasn't worked out a decision in 3 months? I guess since there is no criminality that the 6th amendment has no teeth here.

Right - 6th is specific about "In all criminal prosecutions ..."

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

Circuit courts of appeal have no deadlines, by law or custom.

[AdamVIP]

But surely they have to answer at some point right? Whats the longest running yet to be decided case for the 9th?

[Drivedabizness]

They can and will take all the time they want. DC Circuit waited YEARS (just to have a judge assigned) and then finally for a ruling on the merits of their carry law challenge. Took a writ from CJ Roberts at SCOTUS just to get a judge assigned (IIRC)

[kemasa]

They can and will take all the time they want. DC Circuit waited YEARS (just to have a judge assigned) and then finally for a ruling on the merits of their carry law challenge. Took a writ from CJ Roberts at SCOTUS just to get a judge assigned (IIRC)

Which is why I am wondering if it might be possible to pass a law in which laws which are believed to be unconstitutional are put on hold until it goes through the legal process since otherwise an unconstitutional law is enforced for decades until it is tossed. I also suspect it would get the government to get things moving much faster.

[CaliforniaLiberal]

But surely they have to answer at some point right? Whats the longest running yet to be decided case for the 9th?

Your use of "But Surely" betrays your belief that systems of Government follow rational, reasonable practices. I used to believe that too when I was younger. Hang out on CalGuns long enough, follow the Legislative, Judicial and Executive processes and decisions in regards to Firearms Laws or any laws at all and learn how 'The System' works in reality.

One day you will join us in replying, "Don't call me Shirley!"

[Dutch3]

Which is why I am wondering if it might be possible to pass a law in which laws which are believed to be unconstitutional are put on hold until it goes through the legal process since otherwise an unconstitutional law is enforced for decades until it is tossed. I also suspect it would get the government to get things moving much faster.

That makes perfect sense.

Which is why it will likely never happen.

I am of the mind that legislators should be held accountable - with actual consequences - for writing legislation that is found to be unconstitutional. Make them responsible for doing the legwork before submitting a bill, so their constituency doesn't have to wait years for a decision.

[Uncivil Engineer]

Which is why I am wondering if it might be possible to pass a law in which laws which are believed to be unconstitutional are put on hold until it goes through the legal process since otherwise an unconstitutional law is enforced for decades until it is tossed. I also suspect it would get the government to get things moving much faster.

It has happened before. The voting rights act. Not only did it force the states to conduct elections subject to federal rules. It also forced some jurisdictions aka the South to have all voting laws, procedures etc to be pre cleared by the feds before they could be enacted. It would be a great model for a 2a rights bill. Forcing states with a history of suppressing 2a rights to have any new laws or regulations approved by the feds before they were put on us. Of course it assumes the feds will error on the side of our liberty which I'm not so sure would be the case when the other side takes the Whitehouse.