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

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  • oc16
    Senior Member
    • Feb 2013
    • 1055

    so its a waiting and numbers game now i was unfortunate to have not purchased any off roster handguns when the loop hole was still available but i did get my hands on a nice p38 its old, and outdated but its all i got :/
    retreat! we must go comrade we will fight again another day.

    Comment

    • JAWS
      Junior Member
      • Sep 2014
      • 29

      We lost: http://ia601400.us.archive.org/30/it...44.docket.html

      Can't find the actual judgment yet.

      Comment

      • ojisan
        Agent 86
        CGN Contributor
        • Apr 2008
        • 11745

        "JUDGMENT dated *2/26/15* in favor of Defendants against Plaintiffs pursuant to order signed by Judge Kimberly J. Mueller on 2/25/15. (Meuleman, A) (Entered: 02/26/2015)"

        Originally posted by Citadelgrad87
        I don't really care, I just like to argue.

        Comment

        • glockman19
          Banned
          • Jun 2007
          • 10486

          Can this be appealed to the SCOTUS?

          Comment

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

            Originally posted by glockman19
            Can this be appealed to the SCOTUS?
            This was a district court decision. Next step is the Ninth Circuit.

            -BC
            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

            • North86
              Senior Member
              • Mar 2013
              • 1271

              Order is here: http://ia801400.us.archive.org/30/it...91444.94.0.pdf

              Basically, since we can still buy "safe" guns, the roster doesn't burden the second amendment. Step two is not triggered.

              An individual's preference for a particular firearm was judged as out-weighed by the state's authority to ensure "safe guns", and since a few 100K of new guns were bought last year, the judge thinks we're lucky enough to be able to chose from those available. B!tch.

              I think her speech needs to be restricted to a quill and parchment. Maybe she'll do less damage to the country then.
              Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves. - William Pitt

              Comment

              • glockman19
                Banned
                • Jun 2007
                • 10486

                Originally posted by wildhawker
                This was a district court decision. Next step is the Ninth Circuit.

                -BC
                GOOD...Because this was a Terrible decision.

                I hope the SCOTUS next case determines either "Keep & Bear" or "Shall NOT be Infringed".

                How can ANY LIST not infringe on the ability to choose if your choice is NOT on the list?

                Comment

                • ke6guj
                  Moderator
                  CGN Contributor - Lifetime
                  • Nov 2003
                  • 23725

                  that sucks.

                  only took 5.5 years to get through the district court. at least we can now appeal.
                  Jack



                  Do you want an AOW or C&R SBS/SBR in CA?

                  No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                  Comment

                  • Paperchasin
                    YOU are next!!
                    CGN Contributor - Lifetime
                    • Oct 2010
                    • 6404

                    Not surprised.
                    Feedback: https://imgur.com/a/mkdPdnQ

                    Comment

                    • glockman19
                      Banned
                      • Jun 2007
                      • 10486

                      The Judge said regarding the 14th amendment argument:

                      "Law enforcement personnel shoulder a duty to ensure public safety and
                      thus assume different responsibilities, risks, and rights."

                      It appears that Miller v. DC contradicts this by stating that Law Enforcement has NO OBLIGATION to Protect anyone.

                      Her contention that LE have different rights supports a 14th Amendment violation of a "special class of citizen".

                      Comment

                      • thedrickel
                        Calguns Addict
                        • Apr 2006
                        • 5545

                        It took that long to write up that stinker of a judgment?
                        I hate people that are full of hate.

                        It's not illegal to tip for PPT!

                        Comment

                        • randomBytes
                          Senior Member
                          • Jan 2012
                          • 1607

                          couldn't bring myself to actually read whatever drivel she wrote to justify that result.

                          Comment

                          • wireless
                            Veteran Member
                            • May 2010
                            • 4346

                            Ah thank God it's over though. We finally get to move on to a circuit panel...I think? Dismissed sounds like we can't appeal?

                            Comment

                            • jaymz
                              CGSSA Associate
                              • Oct 2006
                              • 6293

                              Not at all surprised.
                              War is when your Government tells you who the enemy is......

                              Revolution is when you figure it out for yourself.

                              Comment

                              • bwiese
                                I need a LIFE!!
                                • Oct 2005
                                • 27611

                                Haven't read it fully yet, but note the judge _in effect_ said via ruling...

                                1. that one Pena plaintiff does NOT have the right to have the specific
                                gun that the US Supremes said that Dick Heller could have.

                                2. conficts with the vigorous essentially near-strict scrutiny ruling in
                                Sylvester

                                Onward and upward.

                                Bill Wiese
                                San Jose, CA

                                CGF Board Member / NRA Benefactor Life Member / CRPA life member
                                sigpic
                                No postings of mine here, unless otherwise specifically noted, are
                                to be construed as formal or informal positions of the Calguns.Net
                                ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
                                employer. No posts of mine on Calguns are to be construed as
                                legal advice, which can only be given by a lawyer.

                                Comment

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