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

[colossians323]

Sad that written rights continue to suffer in America

[onewheelwes]

Well , at least we finally have an answer at this step. Doesn't hurt any worse than great newsthat never seems to go into effect.

[wildhawker]

CGF's statement on the decision is here: https://www.calgunsfoundation.org/20...ndment-rights/

[Librarian]

Also

The UHA does not adversely impact the access to and sale of firearms generally; plaintiffs’
Second Amendment rights are satisfied by the scheme’s allowing the purchase of nearly 1000
types of rostered firearms. This degree of regulation is negligible and does not burden
plaintiffs’ rights under the Second Amendment.

at page 21 of the .pdf.

[Tom226]

I find it interesting that Judge Mueller cited both Heller and Peruta quite extensively in this judgment. It's obvious that she completely missed the point of both of those rulings, which should make the arguments at the 9th Circuit pretty entertaining.

Also, is it just me or did anyone else catch a reference early in the judgment about "over 1,000" handguns being available, while she later cited the 700+ that were available as of earlier this month? By the time they're ready for orals at the 9th Circuit that number will be even lower and will further highlight what is the obvious goal of the UHA - a gradual but near total ban on handguns within the borders of California.

Now I just need to stock up on about 4-5 years' worth of popcorn...

[JackRydden224]

I'm glad I got the guns I wanted last year but damn this is terrible.

What kind of time line are we looking at with an appeal? 5, 10 years?

[bwiese]

Haven't read it fully yet, but note the judge _in effect_ said via ruling...

1. that one Pena plaintiff does NOT have the right to have the specific
gun that the US Supremes said that Dick Heller could have.

2. conficts with the vigorous essentially near-strict scrutiny ruling in
Sylvester

Onward and upward.

[jaymz]

Not at all surprised.

[wireless]

Ah thank God it's over though. We finally get to move on to a circuit panel...I think? Dismissed sounds like we can't appeal?

[randomBytes]

couldn't bring myself to actually read whatever drivel she wrote to justify that result.

[thedrickel]

It took that long to write up that stinker of a judgment?

[glockman19]

The Judge said regarding the 14th amendment argument:

"Law enforcement personnel shoulder a duty to ensure public safety and
thus assume different responsibilities, risks, and rights."

It appears that Miller v. DC contradicts this by stating that Law Enforcement has NO OBLIGATION to Protect anyone.

Her contention that LE have different rights supports a 14th Amendment violation of a "special class of citizen".

[Paperchasin]

Not surprised.

[ke6guj]

that sucks.

only took 5.5 years to get through the district court. at least we can now appeal.

[glockman19]

This was a district court decision. Next step is the Ninth Circuit.

-BC

GOOD...Because this was a Terrible decision.

I hope the SCOTUS next case determines either "Keep & Bear" or "Shall NOT be Infringed".

How can ANY LIST not infringe on the ability to choose if your choice is NOT on the list?