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

[Librarian]

Not the thread to discuss it, but you may find this page on the courts - http://www.uscourts.gov/educational-...rt-basics.aspx - informative.

[Nick Justice]

Man, am I late to this game! He forgot to invoke a violation of the Privileges and Immunities clause, and violation the commerce clause: undue burden on interstate commerce! The entire case hangs on 2A.

H should therefore pull these other arguments out in another case later.

[thayne]

A new semi auto was added to the roster this month. How is that possible?

http://oag.ca.gov/sites/oag.ca.gov/files/pdfs/firearms/recentlyadded.pdf

[bruss01]

A new semi auto was added to the roster this month. How is that possible?
http://oag.ca.gov/sites/oag.ca.gov/f...entlyadded.pdf

Not sure but I believe there is an exemption from re-certification for models that are identical except in color or grips. The maker still has to pay a fee, but if color is the only difference, the model does not have to re-test. If you change what the hammer is made of, or the mfg process on the firing pin, then you have to re-certify and that means re-test and you can't pass a re-test without microstamping.

If I'm remembering aright, that is...

[advocatusdiaboli]

Not sure but I believe there is an exemption from re-certification for models that are identical except in color or grips. The maker still has to pay a fee, but if color is the only difference, the model does not have to re-test. If you change what the hammer is made of, or the mfg process on the firing pin, then you have to re-certify and that means re-test and you can't pass a re-test without microstamping.

If I'm remembering aright, that is...

Seems right given this is a commemorative model, it just adds grips and probably engraving and other 'furniture'. It's the same pistol that has already been approved.

No wait it adds micro-stamping!!!! (just kidding)

[kemasa]

Take a look at the list and that model. There are multiple versions of the same firearm, with the "theme" being different. It is a O1991AR. As said, if the change is cosmetic, it does not have to be tested again and can be added to the list with a letter and money. This is why you will see additional versions when the firearm has engraving listed.

These are all the various versions:

O1991AR 2nd Amend Founding Fathers Museum
O1991AR 2nd Amend Founding Fathers
O1991AR American Eagle America Remembers
O1991AR Armed Forces Golden Tribute
O1991AR Centennial Anniversary America Remembers
O1991AR Devil Dog America Remembers
O1991AR Elvis Presley America Remembers
O1991AR George S. Patton Tribute
O1991AR John Wayne Tribute
O1991AR Rampant Colt Tribute
O1991AR Saluting America's Armed Forces
O1991AR Texas Tribute
O1991AR VFWDefenders of Freedom)America Remembers
O1991AR Vietnam War Tribute
O1991AR We the People
O1991AR Custom M1991A1 America Remembers

[hoffmang]

Due to post argument submission issue around Smith and Ruger, this case is only now become ripe for a decision. Anything up to and including another 60 days would be completely average for a federal civil rights case.

The gun in Heller was a Hi-Standard Buntline Style 9.5" barreled revolver. It's not a single action revolver and the Hi-Standard in question is long bankrupt though some of it's assets were purchased by a new Hi-Standard. As such, the revolver in Heller is not eligible to be purchased at a gun store in California - and that point is specifically made in this case as one of the plaintiffs is waiting to take delivery of one of those that is sitting in a gun safe in Georgia.

-Gene

[dantodd]

Too bad Dick didn't have a nicer gun.

ETA: but one still not on the roster.

[jwilson.redding]

Due to post argument submission issue around Smith and Ruger, this case is only now become ripe for a decision. Anything up to and including another 60 days would be completely average for a federal civil rights case.

The gun in Heller was a Hi-Standard Buntline Style 9.5" barreled revolver. It's not a single action revolver and the Hi-Standard in question is long bankrupt though some of it's assets were purchased by a new Hi-Standard. As such, the revolver in Heller is not eligible to be purchased at a gun store in California - and that point is specifically made in this case as one of the plaintiffs is waiting to take delivery of one of those that is sitting in a gun safe in Georgia.

-Gene

What was the contents of the post argument submission, or can you point me to it?

Sent from my XT1060 using Tapatalk

[dantodd]

What was the contents of the post argument submission, or can you point me to it?

Sent from my XT1060 using Tapatalk

The first post in this thread has all of the documents linked.

[riftol]

I have long ago now heard Heller and McDonald would bring sweeping changes.

I recall overly optimistic bloggers opining that if Heller won his case it would be the end of gun control.

[kcbrown]

I recall overly optimistic bloggers opining that if Heller won his case it would be the end of gun control.

In their defense, nobody banked on the notion of SCOTUS abandoning the 2nd Amendment.

Most here are still unwilling to deal with that possibility.

They rightly expected SCOTUS to aggressively support the newly-recognized right, just as they had for other rights they had recognized, such as minority civil rights. I expected the same, but when Kachalsky was denied cert, I suspected that something had fundamentally changed, and when Woollard was denied cert, began believing that SCOTUS had abandoned carry.

And when SCOTUS denied cert to BATFE, I extended that to cover the entirety of the 2nd Amendment.


It's still possible that SCOTUS hasn't abandoned us. Indeed, we still should bring cases under the assumption they haven't. But I also believe it's time to prepare for whatever steps come after that, i.e. those steps that we would be taking if we knew SCOTUS had abandoned us.

[dantodd]

In their defense, nobody banked on the notion of SCOTUS abandoning the 2nd Amendment.
...

And when SCOTUS denied cert to BATFE, I extended that to cover the entirety of the 2nd Amendment.
...

Saw this today and thought of you. http://www.cnn.com/2014/05/28/health/cynical-dementia/

[advocatusdiaboli]

Saw this today and thought of you. http://www.cnn.com/2014/05/28/health/cynical-dementia/

While it might remotely even be true for him, the canaries that warn of the gas in the coal mine die doing it—that means, in fact, they were right, dead right—but still right!

Is your goal a long life of no consequence fading away in obscurity having contributed nothing but taking all you can for yourself? Or a shorter life of meaning to your fellow man? I served and made my choice and took my risks for something bigger than me. But for you, well...I guess we already know the answer for you from your post.

[dantodd]

I can't possibly imagine how the posting of that article about cynicism would give you information to draw any conclusion as to my intention to have a consequential or not. By the way, what is your real name?