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

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  • North86
    replied
    Originally posted by CalAlumnus
    My unlearned guess: feature requirements go, safety testing requirements stay. And, while not optimal, this would be a very real improvement for us.
    Based on the lack of a severability clause in the law (as discussed above) I have a feeling its an all or nothing deal for us.

    I have a feeling that the judge is tying herself into knots, trying to figure out a way to preserve this law in the face of the simple fact that the hand gun that DC was forced to allow from Heller is banned in CA. IANAL, I don't think that those two things can be reconciled without striking the law. We are not talking theory or practical applications of the roster, we are talking about the very specific, same model hand gun that Heller specifically said was allowed, and that DC had to allow. Any ruling that results that doesn't allow that hand gun will fly directly in the face Heller. Then it will be up to SCOTUS to defend their ruling, but that's another matter.

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  • kcbrown
    replied

    Reality is setting in. See my signature.



    (Sent with Tapatalk, so apologies for the lackluster formatting)

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  • M. D. Van Norman
    replied

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  • CalAlumnus
    replied
    Originally posted by 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.
    My unlearned guess: feature requirements go, safety testing requirements stay. And, while not optimal, this would be a very real improvement for us.

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  • oc16
    replied
    i've been noticing theirs alot of coverage lately on the news but again just because its getting attention it dosen't mean the judge is going to move any fast

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  • Dhena81
    replied
    I'd love to see the floodgates open up and have the freedom to purchase a handgun that can be purchased in the other 49 states.

    My hopes are up.

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  • oc16
    replied
    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.

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  • jkody
    replied
    2 more weeks 😁

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  • mej16489
    replied
    Originally posted by North86
    Where is the microstamping requirement?

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  • North86
    replied
    Originally posted by 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)
    Where is the microstamping requirement?

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