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

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

    Originally posted by taperxz
    No, you are wrong. The CA government has never had a problem finding a way to make money. (are you going to dispute that?) Its a money generating control issue. Why do you think Jason Davis became a gun law attorney?
    It is not about the money. Sorry you don't get that.

    So, am i to assume that a CA compliant hand gun doesn't cost more in this state than a neighboring state? A higher retail purchase due to the roster requirements and recovered by the manufacturer creates a higher tax collected rate for the state. NO?
    You are incorrect. Firearms on the certified list are sold by distributors for the same price to any FFL in any state. CA FFLs have a high cost of doing business, so they might sell it for more, but that has nothing to do with the certified list.

    Few firearms on the list are CA only, which makes it impossible to recover the cost to only CA sales. Specific CA models can also be sold outside of CA as well.

    CA has always been about nickles and dimes to collect. It all adds up.
    Again, it is not about the money, it is about limiting firearms in CA.

    Now with micro stamping requirements, the roster is now being used to push a political agenda. How wrong am I?
    You just don't make sense. You say that it is NOW being used to push a political agenda, but the reality is that it has ALWAYS been used to push a political agenda. You said it was about the money, now you are saying it is about a political agenda? Which is it? I say nothing has changed, it was not about the money, it was about the agenda.
    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

    • Librarian
      Admin and Poltergeist
      CGN Contributor - Lifetime
      • Oct 2005
      • 44626

      Originally posted by kemasa
      it was not about the money, it was about the agenda.
      Quite true.

      It's about getting the proletariat accustomed to the government classifying guns as 'good' and 'bad'. It's about reducing the number of guns available to buy.

      The money is $200 per year per model listed.

      Today, the Roster page says "There are 1094 models in the database." That would be $218,800.

      The Budget for DOJ for this 2013-2014 fiscal year is $758,831,000
      ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

      Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

      Comment

      • fizux
        Senior Member
        CGN Contributor - Lifetime
        • Apr 2012
        • 1540

        Originally posted by Librarian
        Today, the Roster page says "There are 1094 models in the database."
        Note this is down from 1,273 about 75 days ago.
        Nationwide Master List of Current 2A Cases, courtesy of Al Norris @ TFL.

        Reloading Clubs: SF, East Bay

        Case Status: (Handgun Roster). SF v. 44Mag (Mag Parts Kits). Bauer v. Harris (DROS Fees). Davis v. LA (CCW policy). Jackson v. SF (Ammo/Storage). Teixeira (FFL Zoning). First Unitarian v. NSA (Privacy). Silvester (Waiting Period). Schoepf (DROS Delay). Haynie (AW ban). SFVPOA v. SF (10+ mag possession ban). Bear in Public: Drake (3CA); Moore (7CA); Richards, Peruta, McKay (9CA).

        Comment

        • wireless
          Veteran Member
          • May 2010
          • 4346

          I honestly don't see this holding up in court. Even in California. AW have a lot of politics behind them, but this ban specifically targets handguns. Side arms were the main focus of the Heller case. I'm sure there is plenty I don't understand about court politics, but this one I think we have a real chance at winning.

          Comment

          • 9M62
            Senior Member
            • Oct 2011
            • 1519

            Someone just needs to go and try to buy the exact gun that Heller won his case with.

            "Oh, I can't? Well, Heller says I can."

            Comment

            • mrdd
              Senior Member
              • Jan 2009
              • 2023

              Originally posted by taperxz
              Your statement is wrong on so many levels and even more so today than say last year. The Roster is a tool to collect a tax. Thats it! Its also a tool to have their way on what they want us to have or not have in this state. You should notice how they are using the roster for force micro stamping which is now a part of Pena. What in Gods green earth does micro stamping have to do with the safe use of a hand gun???

              So now we have drop testing and micro stamping? In todays world i find it hard to believe that an unsafe hand gun would even make it to a retail outlet. Manufacturers want no part of firearm malfunctions. It kills their brand.

              Its extortion on the lawmakers part. They are collecting a tax from the manufacturers to sell a gun in CA.
              The roster is about control. It is the tool the state uses to control access to concealable firearms.

              The AW laws are how they control access to everything else they do not like.

              Comment

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

                Originally posted by taperxz
                Your statement is wrong on so many levels and even more so today than say last year. The Roster is a tool to collect a tax. Thats it! Its also a tool to have their way on what they want us to have or not have in this state. You should notice how they are using the roster for force micro stamping which is now a part of Pena. What in Gods green earth does micro stamping have to do with the safe use of a hand gun???

                So now we have drop testing and micro stamping? In todays world i find it hard to believe that an unsafe hand gun would even make it to a retail outlet. Manufacturers want no part of firearm malfunctions. It kills their brand.

                Its extortion on the lawmakers part. They are collecting a tax from the manufacturers to sell a gun in CA.
                Originally posted by kemasa
                It is not about the money. Sorry you don't get that.



                You are incorrect. Firearms on the certified list are sold by distributors for the same price to any FFL in any state. CA FFLs have a high cost of doing business, so they might sell it for more, but that has nothing to do with the certified list.

                Few firearms on the list are CA only, which makes it impossible to recover the cost to only CA sales. Specific CA models can also be sold outside of CA as well.



                Again, it is not about the money, it is about limiting firearms in CA.



                You just don't make sense. You say that it is NOW being used to push a political agenda, but the reality is that it has ALWAYS been used to push a political agenda. You said it was about the money, now you are saying it is about a political agenda? Which is it? I say nothing has changed, it was not about the money, it was about the agenda.
                I guess you don't read entire paragraphs?

                Comment

                • advocatusdiaboli
                  Calguns Addict
                  • Sep 2009
                  • 5521

                  Originally posted by mrdd
                  The roster is about control. It is the tool the state uses to control access to concealable firearms.

                  The AW laws are how they control access to everything else they do not like.
                  I agree. They already collect tax on firearms from us when we buy them, dealer FFL fees, etc. If they really used it for monetary gain, then they'd make it easy to get as many guns on the Roster as they could to maximize revenue. But they don't.

                  Instead, they are making it more and more costly and so the number is dwindling. If the policy results in less legal access to fewer guns, then the goal must be gun control and an effective limited ban. And so it is.

                  Taperxz didn't think his theory through enough.
                  Benefactor Life Member NRA, Life Member CRPA, CGN Contributor, US Army Veteran, Black Ribbon in Memoriam for the deceased 2nd Amendment
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                  Comment

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

                    Originally posted by taperxz
                    I guess you don't read entire paragraphs?
                    Originally posted by advocatusdiaboli
                    I agree. They already collect tax on firearms from us when we buy them, dealer FFL fees, etc. If they really used it for monetary gain, then they'd make it easy to get as many guns on the Roster as they could to maximize revenue. But they don't.

                    Instead, they are making it more and more costly and so the number is dwindling. If the policy results in less legal access to fewer guns, then the goal must be gun control and an effective limited ban. And so it is.

                    Taperxz didn't think his theory through enough.
                    You too?

                    Comment

                    • advocatusdiaboli
                      Calguns Addict
                      • Sep 2009
                      • 5521

                      Originally posted by taperxz
                      You too?
                      I just used his quote of you. I found "The Roster is a tool to collect a tax. Thats it! " pretty clear and definitive sentences. If you make a broad assertion like that and then retract and back-pedal later in your prose but then blame us because each of your declarative sentences cannot stand on it's own, perhaps you might consider a course in effective communications? If you had modified "is" with some adverbs like "mainly", "mostly", or "largely" , for example, and left off the "That's it!" implying you believe it the _only_ reason, then maybe you would have expressed your opinion more clearly. As it is, the words you used leave us little doubt as to the meaning of your opinion in writing.
                      Last edited by advocatusdiaboli; 03-04-2014, 9:06 AM.
                      Benefactor Life Member NRA, Life Member CRPA, CGN Contributor, US Army Veteran, Black Ribbon in Memoriam for the deceased 2nd Amendment
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                      Comment

                      • wildhawker
                        I need a LIFE!!
                        • Nov 2008
                        • 14150

                        Originally posted by fizux
                        Note this is down from 1,273 about 75 days ago.
                        Tracking projections, though it's certainly possible the rate of loss could increase w DOJ's affidavit enforcement: http://www.calgunsfoundation.org/roster/.
                        Brandon Combs

                        I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead.

                        My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer.

                        Comment

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

                          Originally posted by advocatusdiaboli
                          I just used his quote of you. I found "The Roster is a tool to collect a tax. Thats it! " pretty clear and definitive sentences. If you make a broad assertion like that and then retract and back-pedal later in your prose but then blame us because each of your declarative sentences cannot stand on it's own, perhaps you might consider a course in effective communications? If you had modified "is" with some adverbs like "mainly", "mostly", or "largely" , for example, and left off the "that's it" meaning that is the only reason, then maybe you would have expressed your opinion more clearly As it is, the words you used leave us little doubt as to the meaning you expressing in writing.
                          The roster was "originally" designed to outlaw "very cheap guns" and simply only required a "drop test" There was also a personal agenda to put certain local companies who made these inexpensive guns, out of business.

                          At the time of implementation, i don't think anyone would have dreamed that the roster would have turned into what it is today. (which is what some of you are hung up on) I still do believe it's intent was two fold. Get cheap guns off the market and collect a tax at the same time for revenue.

                          As the DOJ upped the ante on requirements for roster acceptance, the roster turned more into a control issue. When you look at the roster today, its all about control. I don't believe that was the "original" and 'only reason for the roster.

                          NOW, its all about control. If you eliminate all the guns from the roster, there will be no generation of revenue. They don't allow enough guns to get that revenue. My statement was based on the "original idea and intent".

                          Comment

                          • cjc16
                            Senior Member
                            • May 2011
                            • 756

                            so if the original intent was about protecting the general public from guns that could detonate in your hand, why did they exempt law enforcement? Maybe the Cal Legislature just hates cops? It has always been about gun control.
                            Idiocity, That state of the mind which cannot perceive and embrace the data presented to it by the senses.

                            NRA - Life member
                            SAF - Life member
                            GOA - Member
                            CalgunsFoundation - Supporter

                            Comment

                            • fizux
                              Senior Member
                              CGN Contributor - Lifetime
                              • Apr 2012
                              • 1540

                              Originally posted by wildhawker
                              Tracking projections, though it's certainly possible the rate of loss could increase w DOJ's affidavit enforcement: http://www.calgunsfoundation.org/roster/.
                              Librarian's number was based upon the current number on DOJ's website; mine was based upon the Court's 12/18/2013 order.

                              Unfortunately, reality is tracking the CGN projection's yellow dashed line.

                              In the interest of public safety, your 5A right against self-incrimination has been "reasonably regulated" to only apply in cases of suspected traffic infractions. Beyond infractions, the public safety interest outweighs your civil rights, so waterboarding interrogations shall commence on 1/1/2015 for misdemeanor and higher level offenses. After all, felonies are "so dangerous" and we want to protect our kids. Why would you want to hurt little kids just to honor some anachronistic piece of paper?
                              Nationwide Master List of Current 2A Cases, courtesy of Al Norris @ TFL.

                              Reloading Clubs: SF, East Bay

                              Case Status: (Handgun Roster). SF v. 44Mag (Mag Parts Kits). Bauer v. Harris (DROS Fees). Davis v. LA (CCW policy). Jackson v. SF (Ammo/Storage). Teixeira (FFL Zoning). First Unitarian v. NSA (Privacy). Silvester (Waiting Period). Schoepf (DROS Delay). Haynie (AW ban). SFVPOA v. SF (10+ mag possession ban). Bear in Public: Drake (3CA); Moore (7CA); Richards, Peruta, McKay (9CA).

                              Comment

                              • RobertMW
                                Senior Member
                                • Jul 2013
                                • 2117

                                Originally posted by cjc16
                                so if the original intent was about protecting the general public from guns that could detonate in your hand, why did they exempt law enforcement? Maybe the Cal Legislature just hates cops? It has always been about gun control.
                                I know we are on the same side, I'm just using your comment to make my own.


                                If the original intent of the roster was to protect the general public, all it would have said was...

                                "In order to protect the general public from an accidental discharge in a public place, any firearm model that is to be carried in public for the purpose of self defence must have passed a state drop test."

                                ^ THAT is something that could be said is for public safety. If you have a CCL or you were OC your carry gun can't go off if it is accidentally bumped out of your holster. The idea of "common sense" is obviously a difficult concept to grasp for grabbers.

                                All the roster does is keep new designs out, while letting the old ones fall away.
                                Originally posted by kcbrown
                                I'm most famous for my positive mental attitude.

                                Comment

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