Benitez: (Ammo law prelim injunction granted); injunction STAYED

[ARFrog]

We hold these truths to be self-evident, that all men are created equal, that they are endowed, by their Creator, with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of AMMO (Happiness).

Best wishes to all those who are pursuing Ammo in these interesting times!

[ajb78]

I wonder how long it's going to take for the 9th Circuit to do anything. Looks like because the request for stay was Denied, it's open season on ammo for a while.
I Think I'll invest in some new calibers for when the AWB is overturned, 50 BMG sure is expensive though.

I might be FOS but it looks like there's activity in the 9th already

https://michellawyers.com/wp-content/uploads/2020/04/2020-04-24-Court-of-Appeal-Docketing-Letter.pdf

No.: 20-55437
D.C. No.: 3:18-cv-00802-BEN-JLB
Short Title: Kim Rhode, et al v. Xavier Becerra

Dear Appellant/Counsel
A copy of your notice of appeal/petition has been received in the Clerk's office of
the United States Court of Appeals for the Ninth Circuit. The U.S. Court of
Appeals docket number shown above has been assigned to this case. You must
indicate this Court of Appeals docket number whenever you communicate with
this court regarding this case.

Please furnish this docket number immediately to the court reporter if you place an
order, or have placed an order, for portions of the trial transcripts. The court
reporter will need this docket number when communicating with this court.
Preliminary Injunction Appeal. Circuit Rule 3-3.
Briefing schedule will be set by future court order.

[bigstick61]

I wonder how long it's going to take for the 9th Circuit to do anything. Looks like because the request for stay was Denied, it's open season on ammo for a while.
I Think I'll invest in some new calibers for when the AWB is overturned, 50 BMG sure is expensive though.

It could potentially be a while.

In Duncan v. Becerra, the preliminary injunction was issued on 6/29/17. I don't see a record of when/if he sought a stay from the district court. Looks like he might have gone straight to the 9th Circuit. He filed a notice of appeal to the 9th Circuit on 7/27/17. On 8/7/17 he asked Benitez for a stay of proceedings pending appeal of the injunction in the 9th Circuit. On 10/10/17 Benitez denied the stay of proceedings. At some point the 9th Circuit heard the appeal. On 5/14/18 the 9th Circuit issued its opinion denying a stay of the PI. The final judgment in the case was issued on 3/29/19.

So it looks like it took almost 10 months between filing the notice of appeal of the PI to the 9th Circuit and the 9th Circuit ruling on the appeal (against Becerra). Almost another 10 months to the final judgment in the case.

[APeter001]

Just got my tracking number from Selway Armory.
They now have a banner on their website stating that they're shipping directly to CA
http://www.selwayarmory.com/

just ordered some random 9/38/ak/12g stuff from them. Thanks for the tip!

[18r]

any

[ronlglock]

Benitez says tough SxxT

Pity DOJ cannot do background checks as fast as they can respond to being slapped down.

[desijedi]

Ordered ammo from Midway, Targetsports and LAX Ammo. Lax you can use coupon: FREESHIPLAX

[bigstick61]

I agree. I hope the 9th rejects the state's bs as well. But it looks like we may only be getting a freedom day or weekend and its possible that they 9th will structure the stay so that many of the people who ordered ammo end up illegally importing it.

What makes you think that? The 9th Circuit denied the stay in Duncan v. Becerra, finding that Benitez did not abuse his discretion there. Seems like there's at least a strong possibility that the 9th will rule similarly here, since abuse of discretion is the standard.

[snapsound]

I kid you not, Benitez was born in Cuba

[captn-tin]

I kid you not, Benitez was born in Cuba

And your point is? Just goes to show the beauty of legal immigration.

[snapsound]

And your point is? Just goes to show the beauty of legal immigration.

Yes I agree.

The greatest patriots and defenders of the constitution could come from anywhere and be any generation. Plenty of natural born leftists who want to take away their own rights as well as yours and mine.

[FreedomIsNotFree]

The state of California's inability to manage their BS ammo background check system helped them lose. It's not all that often that we benefit from beurocracy failing, but I'll take it.

[ajb78]

https://michellawyers.com/wp-content/uploads/2020/04/2020-04-24-Order-Setting-Briefing-Schedule-for-Appeal.pdf

The appeal filed April 24, 2020 is a preliminary injunction appeal.
Accordingly, Ninth Circuit Rule 3-3 shall apply.
The mediation questionnaire is due three days after the date of this order.
If they have not already done so, within 7 calendar days after the filing date
of this order, the parties shall make arrangements to obtain from the court reporter
an official transcript of proceedings in the district court that will be included in the
record on appeal.

The briefing schedule shall proceed as follows: the opening brief and
excerpts of record are due not later than May 22, 2020; the answering brief is due
June 19, 2020 or 28 days after service of the opening brief, whichever is earlier;
and the optional reply brief is due within 21 days after service of the answering
brief. See 9th Cir. R. 3-3(b).

No streamlined extensions of time will be approved. See 9th Cir. R. 31-
2.2(a)(3). Any request for an extension of time to file a brief must be made by
written motion under Ninth Circuit Rule 31-2.2(b).
Failure to file timely the opening brief shall result in the automatic dismissal
of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1.

FOR THE COURT:
MOLLY C. DWYER
CLERK OF COURT

[Dnele928]

In Becerra’s request for a stay, his reasoning was that it is a near certainty that felons and other prohibited persons are acquiring ammunition. So...he fears that criminals will commit more crime. Well dude, you let them all out of jail, what the F do you expect? So go re-arrest them, you’re the law guy.

Oh, that’s right, you would need to let them go free again. What shall you do?

[desijedi]

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