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

[pc_load_letter]

So could the judge just rule the microstamping illegal but yet keep the roster intact?

[hornswaggled]

It was made to sound like we'd have the ruling by the end of summer...the only problem is that it was the summer of LAST year. We're almost to summer again and still no ruling. And this article stated they expect a ruling any day now?

I hope SAF knows some inside baseball that makes them expect a ruling soon.

[kuug]

Haven't been paying attention to this case, can someone give me a TLDR so I don't have to read through 29 pages?

I'm guessing it's stuck in judicial limbo much like Peruta?

[oc16]

micro stamping is an extra paragraph added to the roster if she were to rule micro stamping unconstitutional the entire roster would also have to go thus opening the handgun flood gates

[IVC]

The case was pretty strong even without microstamping due to all sorts of technical problems with the LCI and magazine disconnect (for example, plaintiffs point out that the studying material for handgun safety card explicitly states that devices such as LCI should NOT be trusted or used.)

It's a good read for those who are interested.

Whether the whole roster goes, or just some elements, depends on severability of various paragraphs. I believe that the consensus by the attorneys on this site was that the microstamping itself could be stricken down without affecting the rest of the roster. Just keep in mind that the lawsuit is about much more than just the microstamping.

[bruss01]

I hope SAF knows some inside baseball that makes them expect a ruling soon.

I think what they said was a ruling COULD come any day now.

As in, it's possible, there's nothing preventing it from happening.

It's also possible we could have a tornado any day now. Didn't we have some tornadoes last year? They can form at any time, if conditions just happen in the right combination.

But that said, there's nothing in today's forecast predicting tornadoes. And there's no news in the judicial pipeline to make us think a ruling will come regarding Pena today, or next week, or next month. Didn't a judge in another circuit sit on a ruling with no further hearings or motions for around six years? Just because he could? What's to keep that from happening here?

Nothing that I'm aware of. They could sit on it a long long time if they wanted to. And sometimes, they want to.

[ojisan]

Tonto say: No Kemosabe, that not decision yet, many moons must still pass.

[RobertMW]

But that said, there's nothing in today's forecast predicting tornadoes. And there's no news in the judicial pipeline to make us think a ruling will come regarding Pena today, or next week, or next month. Didn't a judge in another circuit sit on a ruling with no further hearings or motions for around six years? Just because he could? What's to keep that from happening here?

Nothing that I'm aware of. They could sit on it a long long time if they wanted to. And sometimes, they want to.

Honestly, she could be waiting to see how some other cases are going to be treated. Right now we have Jackson with a SCOTUS Cert petition already filed and waiting on response, we have a muddled situation with Peruta and the like, and now we have cases like the one out of Texas that are taking aim at federal laws. Any of those cases, and most importantly in my opinion Jackson, could show more clearly to lower judges what path they should take while dealing with a 2A issue, and how seriously SCOTUS is taking 2A rights.

That means settle in and wait, because judges and cases that should all be running parallel and independently are doing their best to run in a serial and dependent manner, in other words as inefficiently as possible.

[North86]

It's a good read for those who are interested.

It is a good read. Thanks for sharing the link.

I have two points:

1) It would be the height of legal gymnastics for the judge to be able to rule that the roster is constitutional, given that the exact same model hand gun from Heller that DC was forced to allow is banned under the roster and it is the exact gun sought by one of the plantiffs.

2) I haven't read the original roster law, but in contract law, a severability clause is a given. Do laws generally include severability clauses, and does the law that created the roster have one?

[dave_cg]

2) I haven't read the original roster law, but in contract law, a severability clause is a given. Do laws generally include severability clauses, and does the law that created the roster have one?

Well, I haven't looked at the law either. But: 1) my wife is a laywer, so I know how severability is drilled into 1L students, 2) my wife once-upon-a-time was a legislative aid for the Minnesota state senate, and they certainly took pains drafting legislation to include severability, because, you know: 3) most legislators are lawyers, and had severability drilled into them as 1L students.

So betting against severability is a low yield play, IMHO.

[Librarian]

So, you could read the law - http://leginfo.legislature.ca.gov/fa...r=4.&article=5. - and see if the average legislator is as smart as a 1L.

(Hint: no)

[North86]

So, you could read the law - http://leginfo.legislature.ca.gov/fa...r=4.&article=5. - and see if the average legislator is as smart as a 1L.

(Hint: no)

Where is the microstamping requirement?

[mej16489]

Where is the microstamping requirement?

[jkody]

2 more weeks 😁

[oc16]

the roster is an entire scam the reasoning behind it is a handgun ban, they cant pass a law banning handguns California woulds trike out in court. but they can pass other laws that make a gun ban based on the features not the gun itself. if she decides micro stamping is out theirs no point to her verdict or the lawsuit because the defendants still cant purchase their firearms because its not on the roster. if she decides the defendants get their firearms and loop around the law and allows the roster to stay the rest of the state still faces the burden of the roster. legislator's can add all the crap they want on their roster but this case would knock it out from the base not just a paragraph.