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

[mark0805]

Microstamping is absolutely in the Penal Code. PC 12126, (b)(7):



There are also regulations regarding the microstamping penal code, but the underlying basis of those regulations is the penal code section quoted above (and possibly others as well)

Well there you have it. An issue which will not become moot before the SCOTUS can issue an opinion.

[snapsound]

While possible, it's unlikely IMHO, for several reasons.

1. The NY law in question was (as I understand it) a regulation, which is easy for them to withdraw at a moment's notice and only the party who published the regulation needs to agree to remove it.
2. The CA law in question is a convoluted maze of Penal Codes and regulations that would require extensive legislation to withdraw.
3. Emergency legislation (which is the type they would need to use to accomplish this goal), still moves quite slowly, it takes at least a month or two even when the legislature is working full-time.
4. It would require the inherently pro-2a legislation (even if it has an anti-2a motive) to actually get passed by a 2/3 majority of both legislative bodies, and also signed by Newsom. All of this would have to occur in the (potentially short) timeframe between getting cert and the court making a ruling. There's a fair chance that Thomas has already written most of the majority opinion on it, and need only wait until the court has gone through the required procedures before he publishes it the next day.
5. Each one who votes to eliminate the roster (despite their motive being inherently anti-2a) would have to explain to their constituents why they voted for something that looks suspiciously pro-2a, and that may be a tougher pill to swallow than just letting SCOTUS kill the law and being able to at least say "well, we tried our best".

That makes sense.

Anyone have some kind of link or reference to this whole "they re-listed Pena" i.e. showing it was "delisted" at some point (whatever that means) and then "relisted"?

Amazing how many 2A cases from all over the country are on the SCOTUS next-conference agenda! Whaaa!!

There are eighteen cases for the next conference and TEN are 2A!!

https://www.scotusblog.com/case-files/petitions-were-watching/

[abinsinia]

My understanding was the case is on the roster , not microstamping specifically.

https://www.youtube.com/watch?v=Pt5Ktg2KiVE

Gura does a good job entirely side stepping microstamping. It's about the whole concept of a handgun roster, that they can add hurdles to get on the roster to the point where no gun can on the roster any more.

[Elgatodeacero]

We are at the point in this decades long saga where it would be useful to reflect on the wisdom of Oscar Wilde, which, while addressing the institution of marriage, does seem to apply to our continuing belief that the legal system will somehow vindicate our God given rights as free human beings:

“Marriage is the triumph of imagination over intelligence. Second marriage is the triumph of hope over experience.”

[mark0805]

To clarify, it was not "de-listed". The case was first circulated for conference on April 12, but was not decided upon. It was re-circulated for conference on May 1. So when I said "re-listed" I just meant it's before them again. This time the NY case is gone. Hopefully that opens the path to certifing Pena.

Here's a website that shows which cases have been circulated for conference https://certpool.com/conferences/2020-05-01

[Librarian]

What would be 'withdrawn'? The whole roster? If the whole roster were withdrawn, what would replace it? Everything except the micro-stamping requirement? Or? If the micro-stamping requirement, why not just withdraw the PC sections that relate to the micro-stamping requirement?

My speculative suggestion eliminates the whole Roster. Microstamping, while horrible, is not the only bad thing about the Roster.

[S45]

I'll ask a stupid question, what's scheduled to happen on 5/01? Based on the current thread title "**CERT PETITION DIST for 5-1-20 conference**"

[kuug]

I'll ask a stupid question, what's scheduled to happen on 5/01? Based on the current thread title "**CERT PETITION DIST for 5-1-20 conference**"

Pena goes to conference where the Supreme Court decides to grant cert or kill the case. It's likely Pena and all the other gun rights cases go to conference several times before we see anything happen.

[abinsinia]

I'll ask a stupid question, what's scheduled to happen on 5/01? Based on the current thread title "**CERT PETITION DIST for 5-1-20 conference**"

SCOTUS is reviewing this case to decide if they will accept it. This case, and many others, were held by SCOTUS pending the NYSRPA case which was mooted. Now SCOTUS wants another case, and this case is a possible one.

[snapsound]

Isn't it fair to say the SCOTUS could be "strategizing" in some way, based on the huge number of 2A cases on the schedule?

It wouldn't make sense for them to review each one if they know they will have to issue multiple judgments which cover the same thing.

I would imagine they would be looking for the right sort of case. Whatever that might be.

[kuug]

Isn't it fair to say the SCOTUS could be "strategizing" in some way, based on the huge number of 2A cases on the schedule?

It wouldn't make sense for them to review each one if they know they will have to issue multiple judgments which cover the same thing.

I would imagine they would be looking for the right sort of case. Whatever that might be.

The court would never take 10 cases up at once, especially not gun rights cases. We've had to wait a decade for them to take up another gun rights case and they just blew up NYSRPA. We'll be lucky at this point if we get even one.

[Librarian]

The court would never take 10 cases up at once, especially not gun rights cases. We've had to wait a decade for them to take up another gun rights case and they just blew up NYSRPA. We'll be lucky at this point if we get even one.

In theory, they could consolidate some of them.

[taperxz]

The court would never take 10 cases up at once, especially not gun rights cases. We've had to wait a decade for them to take up another gun rights case and they just blew up NYSRPA. We'll be lucky at this point if we get even one.

[taperxz]

In theory, they could consolidate some of them.

Yep. Never thought of that

[Uncivil Engineer]

My theory is they are planning on taking a new 2a case now that nyspra went moot.
There question is which one.

I bet we see all then go to conference that haven't already. Then we so only one accepted. The others will be held in limbo. Then assuming we get a good ruling with a new test the others will be sent back. Now if we for some reason Roberts fails us we will see the next case taken and we will repeat.

While it sucks I think it will signal to the other judges that the issue isn't going away. Heller and McDonald are begging ignored and that needs to stop. My guess wee might even see some support maybe in the form of less rabid opposition by the left. As it looks like the courts and time is against them and they might want to craft their retreat instead of leaving it to the next few Trump judges that might be fine with going after the NFA.