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

[aBrowningfan]

Those cases are dead, Rodriguez is next. Our only concern at this point is hoping Trump wins in November, the Republicans keep the Senate, and any one of Roberts, Ginsburg, Breyer, Sotomayor, or Kagan passes on so we can replace them for someone who actually cares about the constitution.

Lot of concerns.

[cre8nhavoc]

The roster case should've been a slam dunk for the SCOTUS. It's simple, California is breaking the decision made in the Heller case. SCOTUS said that manufacturers will not and should not be required to modify firearms to meet a states requirement. Everything about the roster is a direct opposite of that ruling.

[kuug]

So are all these cases now dead? Or do they sit and wait for next year?

Those cases are dead, Rodriguez is next. Our only concern at this point is hoping Trump wins in November, the Republicans keep the Senate, and any one of Roberts, Ginsburg, Breyer, Sotomayor, or Kagan passes on so we can replace them for someone who actually cares about the constitution.

[Jedi54]

Dead

[steelrain82]

So are all these cases now dead? Or do they sit and wait for next year?

[miglo]

This has been the operating theory for some years now. First the problem was Kennedy, now it's Roberts. Let's hope there's nobody else in line behind those two, and that Trump wins re-election, and that we control the Senate, and that RBG / Breyer decide to retire tomorrow.

Gorsuch has been proven to be a disappointment so far. We just can't catch a break.

[DB>]

Watching the news, it certainly seems like some things have been happening. Every store is sold out of everything. The intervening circumstances would seem to be that the roster prevents Californian's from buying anything during a time like this when other states are not so encumbered.

I'm not sure how to reach counsel for Pena, but the current empty inventory would seem to be ripe for including in a request for rehearing as "intervening circumstances." My guess is that a Covid-19 pandemic and civil unrest were not included in their original briefs. But that should be included now. Californians COULD order online and have these items delivered to a California FFL for a background check. The roster is what is standing in their way of defending themselves when the police refuse to do so.

It would certainly be worth the effort to file given the state of things - the 2A rights of Californians have certainly been infringed under the CURRENT state of things with CV-19 and riots and looting. None of that was present when this case was filed, or in most of the intervening 11 years.

Arguably grounds for at least attempting to get a re-hearing, toss in how due to the ridiculous restrictions access to firearms has become nearly impossible at a time when the right to self defense is reasonably at the forefront of the public mind. Toss in how Californians are effectively being turned into 3rd world communist country conditions with NO access to "modern firearms".

I know it's rare for rehearings to be granted, but in this case the volatile and rapidly changing landscape would be more than a reasonable reason to at least take the flyer, nothing ventured, nothing gained!!!

For the SCOTUS to have failed to address this clear cut Constitutional issue for the large number of Californians (and now the rest of the country who will be slowly strangled as Dem-wits rush in to consolidate this win) is an inexcusable dereliction of duty. It's time they are called on the carpet with a demand for rehearing, made loudly public instead of hiding in the shadows hoping for a "win".

[Medic451]

Maybe thats the idea. Why risk bringing up 2A cases when there are so many unknowns regarding Roberts and the rest of the court. This might be the smart move to wait for RBG to be replaced by a solid 2A Judge, that way any case brought before SCOTUS would go in our favor. Im tired of the waiting, but an unfavorable ruling is far worse that no ruling at all.

[IVC]

Very disappointing. November can’t come soon enough so we see if we get four more years for RBG to “retire”....

Short of that, federally we now know where we stand.

[ivanimal]

So much has changed in 11 years, and then so much hasn't.

[Dr. Peter Venkman]

So much has changed in 11 years, and then so much hasn't.

[godofgamblers]

CADOJ has opined that one cannot make a semi out of a bolt action re: SSE2. Doing so would be 'manufacturing an unsafe pistol' (their opinion). Now, let's say this starts happening and CADOJ starts to enforce, who are the courts going to side with? Let's say manufacturers call the CADOJ bluff and do what you've suggested before the CADOJ 'opinion' about manufacturing is truly codified into law. How long do you think it will take the CA legislature to pass another law? I'd expect them to sail through committee and be signed before Christmas (if proposed in the fall).

It's going to get worse for the 2A before (if) it gets better.

Look for AWBs in "purple" areas to take hold, other restrictions on mags and 'safe pistols'...

Looking back, DC should have taken Wren to SCOTUS, it probably would have fell in their favor.

I get you, and I know maybe this has been discussed before, but here's where I think we as gun owners have a little room to work with -- The Franklin Armory gun is already on the roster. Let's not have any illusions that people who buy that gun are seriously buying an exclusively bolt-action AR. I think we all know what buyers of that gun do the day after the 10-day DROS ends. Yes, not that it's technically kosher, but people live their lives how they see fit.

True, once the legislature gets wind of this, perhaps they'll want to put some more ban hammers down. But they haven't yet with the Franklin Armory gun. Maybe they won't care with even with a bolt action P365 available next year. Maybe they only wake up 2-3 years later after dozens of bolt action guns added to the roster. I don't know, I'm just speculating.

Regardless, I do hope there's a brave manufacturer besides Franklin Armory that may want to go this route. I know definitely a risk in terms of investment and money, but at the bare minimum, it allows for another lawsuit to go forward.

[SantaCabinetguy]

I'm brainstorming on something to see if it's a possibility.

Besides revolvers, the only new (and oddball) "handgun" I saw on the roster was the Franklin Armory "bolt action" AR pistol. So let me ask this:

What would stop a manufacturer -- let's say Sig Sauer -- from creating a special "bolt action P365" which somehow blocked the reciprocation of a traditional slide, and also has a 11" barrel. Coincidentally enough, they'd also offer a genuine P365 slide and barrel for sale in California too. Since this started out as an original bolt-action model, the DOJ can't say it's been a semi-auto that has been altered.

Just thinking outloud about this. Obviously it's not an ideal solution and we peasants would still be stuck having to fork out extra money on a real slide after the fact. And yeah I'm sure the legislators would find a way to pass a new bill restricting said work-around. But at least it would be a half-solution, it might offer up a new court case when the legislators decide to infringe on our rights again, and they'd get much love from us peons here.

What say ye?

CADOJ has opined that one cannot make a semi out of a bolt action re: SSE2. Doing so would be 'manufacturing an unsafe pistol' (their opinion). Now, let's say this starts happening and CADOJ starts to enforce, who are the courts going to side with? Let's say manufacturers call the CADOJ bluff and do what you've suggested before the CADOJ 'opinion' about manufacturing is truly codified into law. How long do you think it will take the CA legislature to pass another law? I'd expect them to sail through committee and be signed before Christmas (if proposed in the fall).

It's going to get worse for the 2A before (if) it gets better.

Look for AWBs in "purple" areas to take hold, other restrictions on mags and 'safe pistols'...

Looking back, DC should have taken Wren to SCOTUS, it probably would have fell in their favor.

[SantaCabinetguy]

Crazy, I had such high hopes when we filed the complaint 11 years ago.

I'm sorry, Ivan. I did, too. Can't believe it's been such a bummer ride.

We should get out and blow off some steam. I'll call @Ferrum and @MrLoneWolf

Does this mean we have lost the fight? [emoji22]
What a depressing day.

Sent from my iPhone using Tapatalk

Yes. The fight is over. The courts will not save the 2A.

Even more bad news - those brief moments of excellence under Benitez are going to be over-turned and SCOTUS will refuse to hear. So... start planning a move to ... (not NV/OR/WA) AZ? (hah! they're about to have Senator MR. Giffords) ID? (too many CA Libs moving there...)

[FABIO GETS GOOSED!!!]

Of the other 9 denied 2nd A cases, what did FGG predict about them?

Most if not all my predictions were about the first gen cases...it seems like a lifetime ago and I have not kept up with everything that has been filed esp in other states.