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

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  • taperxz
    I need a LIFE!!
    • Feb 2010
    • 19395

    Originally posted by cire raeb
    While Pena is being re-examined by the lower court, will there be a window to buy off roster stuff or the law is upheld until there is a decision?
    Did i miss something? Or isn't Pena sitting in the SCOTUS pocket right now? Where or who said Pena was in any lower court to be re-examined?

    Comment

    • tehDiceman
      Member
      • Apr 2018
      • 109

      Originally posted by Uncivil Engineer
      I've seen people talk about a roster freedom week. Even if the roster was suspended we would still have one in thirty and a 10 day wait. As with freedom week we all knew it wouldn't last long. I suspect at best you would get one purchase during such a period. So it isn't something you should be saving a ton of cash for it making a long list.

      So just keep an eye on your one purchase. I know it feels like a wasted opportunity but I think my roster freedom week purchase would be a Ruger MK IV given the poor choices of 22lr pistols on the roster.
      This will also depend on what is in stock. IIRC, a shop "can't" start a DROS without the firearm in hand. I think Turners got busted for this where they'd start the DROS while the firearm was in warehouse and then they had 10 days to get it to the local store for pickup. DOJ said no.

      Fact check this info though, it may not be 100% accurate.

      Either way, I wouldn't hold my breath for an off roster freedom week, it just doesn't seem plausible. I want to be wrong though, I'd love to get my hands on a Glock 45 for something resembling MSRP.

      Comment

      • kemasa
        I need a LIFE!!
        • Jun 2005
        • 10706

        Originally posted by Uncivil Engineer
        I've seen people talk about a roster freedom week. Even if the roster was suspended we would still have one in thirty and a 10 day wait. As with freedom week we all knew it wouldn't last long. I suspect at best you would get one purchase during such a period. So it isn't something you should be saving a ton of cash for it making a long list.

        So just keep an eye on your one purchase. I know it feels like a wasted opportunity but I think my roster freedom week purchase would be a Ruger MK IV given the poor choices of 22lr pistols on the roster.
        If you have a C&R FFL and CA DOJ COE, then you are exempt from the 1 in 30 even for modern firearms, so in that case you could buy all that you can afford.
        Kemasa.
        False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.

        Don't tell someone to read the rules he wrote or tell him that he is wrong.

        Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein

        Comment

        • Kraken
          Member
          • Apr 2012
          • 168

          Originally posted by taperxz
          Did i miss something? Or isn't Pena sitting in the SCOTUS pocket right now? Where or who said Pena was in any lower court to be re-examined?
          This.

          What are you people talking about?

          Comment

          • AdamVIP
            Senior Member
            • Nov 2012
            • 601

            Originally posted by tehDiceman
            This will also depend on what is in stock. IIRC, a shop "can't" start a DROS without the firearm in hand. I think Turners got busted for this where they'd start the DROS while the firearm was in warehouse and then they had 10 days to get it to the local store for pickup. DOJ said no.

            Fact check this info though, it may not be 100% accurate.

            Either way, I wouldn't hold my breath for an off roster freedom week, it just doesn't seem plausible. I want to be wrong though, I'd love to get my hands on a Glock 45 for something resembling MSRP.
            S&W Model 41s are still roster exempt under the olympic exemption and a great choice for a nice 22lr. I would use a freedom week for a nice target 9mm/45acp or even a CCW option. Maybe a sig P210 or P365. A nice 9mm 1911 would be cool too.

            Comment

            • mit31
              Member
              • Aug 2008
              • 450

              It's a misunderstanding. Wireless said:

              "I think Pena will be sent back to the lower courts. It will be the new baseline for wasn’t acceptable. NY case will reaffirm history and tradition test equivalent to true intermediate scrutiny. AWB and carry will continue to be litigated because true scrutiny standards won’t be adopted by SCOTUS."

              Cire Raeb was just rolling with Wireless' opinion when he asked:

              "While Pena is being re-examined by the lower court, will there be a window to buy off roster stuff or the law is upheld until there is a decision?"

              No one has said Pena is CURRENTLY with lower courts. Just that it might end up there.

              Originally posted by Kraken
              This.

              What are you people talking about?
              06/29/21 App Received
              07/29/21 Check Cashed
              04/22/22 Livescan CA/FBI Cleared
              05/17/22 Interview
              07/26/22 Livescan Firearms Cleared
              08/08/22 Proceed to Training Email
              12/30/22 Training Sent
              01/02/23 Training Received
              03/17/23 Call for Pick Up
              04/20/23 Pick Up Date

              Comment

              • taperxz
                I need a LIFE!!
                • Feb 2010
                • 19395

                No, it will either be denied cert or granted. The only other possibility is reverse and remand if NY is heard and in favor of gun rights.

                Comment

                • Offwidth
                  Senior Member
                  • May 2018
                  • 1226

                  Originally posted by taperxz
                  No, it will either be denied cert or granted. The only other possibility is reverse and remand if NY is heard and in favor of gun rights.
                  Any other way to dispose of it remains on a table. SCOTUS can do whatever they want.

                  Comment

                  • aBrowningfan
                    Senior Member
                    • Jan 2014
                    • 1475

                    Originally posted by Offwidth
                    Any other way to dispose of it remains on a table. SCOTUS can do whatever they want.
                    Yeah, like the present suspended animation condition. The petition hasn't been denied, nor has it been granted.

                    Comment

                    • taperxz
                      I need a LIFE!!
                      • Feb 2010
                      • 19395

                      Originally posted by aBrowningfan
                      Yeah, like the present suspended animation condition. The petition hasn't been denied, nor has it been granted.

                      Comment

                      • aBrowningfan
                        Senior Member
                        • Jan 2014
                        • 1475

                        How is it useful? The roster remains in full force and effect.

                        Justice delayed is justice denied.

                        Comment

                        • taperxz
                          I need a LIFE!!
                          • Feb 2010
                          • 19395

                          Originally posted by aBrowningfan
                          How is it useful? The roster remains in full force and effect.

                          Justice delayed is justice denied.
                          Ya, and the courts work at internet speed.

                          It didn't get denied for a reason. NY may predicate what happens to Pena. How do you not get this?

                          Comment

                          • bruss01
                            Calguns Addict
                            • Feb 2006
                            • 5336

                            Originally posted by aBrowningfan
                            How is it useful? The roster remains in full force and effect.

                            Justice delayed is justice denied.
                            I get the impatience but come on... really?

                            Things of lasting value have to be planned and executed to spec, otherwise they fall apart again at the least challenge or simply crumble with age.
                            Last edited by retired; 04-09-2020, 3:33 PM. Reason: No
                            The one thing worse than defeat is surrender.

                            Comment

                            • Paladin
                              I need a LIFE!!
                              • Dec 2005
                              • 12376

                              240+ examples of CCWs Saving Lives.

                              Comment

                              • Calier
                                Member
                                • Jan 2019
                                • 142

                                So what's happening with this case? Are we basically waiting for SCOTUS to say whether or not they will be hearing it?

                                Comment

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