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  • IrishPirate
    Calguns Addict
    • Aug 2009
    • 6390

    Update on the Roster fight???

    searched Calguns and Google and not finding anything current about Pena v Cid. Is there any more news? What court is currently looking at it, have any timelines been given on when a decision should/must be released?
    Last edited by IrishPirate; 10-23-2011, 4:48 PM.
    sigpic
    Most civilization is based on cowardice. It's so easy to civilize by teaching cowardice. You water down the standards which would lead to bravery. You restrain the will. You regulate the appetites. You fence in the horizons. You make a law for every movement. You deny the existence of chaos. You teach even the children to breathe slowly. You tame.
    People Should Not Be Afraid Of Their Governments, Governments Should Be Afraid Of Their People

    ΜΟΛΩΝ ΛΑΒΕ
  • #2
    77bawls
    Senior Member
    • Jan 2010
    • 1457

    I was wondering about that too.
    Originally posted by Munk
    If you have a metal box that has "Anthrax" written on the side, are you a terrorist? or just a fan of a great band?
    "Those who would ban extended magazines, will say that although hundreds of thousands are in circulation and thousands more will surely be sold before a ban is enacted, it will be worth it if it saves just one life. But the other half of that question must be asked, too: Is it worth it if it costs just one life?" Stephen Hunter
    sigpic

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    • #3
      morrcarr67
      I need a LIFE!!
      • Jul 2010
      • 14929

      This is the last thing posted from the Pena v. Cid thread


      Originally posted by Crom
      There seems to be some procedural weirdness going on, at least from the Joint Status Report on 9/26/2011. I think both sides are waiting for the court to decide the Motion to Dismiss or both sides are in process of briefing the court on the MTD.
      Originally posted by hoffmang
      Our side suggest that both sides should just file cross motions for summary judgement. CA DOJ argues that they should get an attempt at dismissing us first. We both await the judges call on the next steps.

      -Gene
      Gene posted this 4 days ago. Seems we are still in a waiting game right now.
      Yes you can have 2 C&R 03 FFL's; 1 in California and 1 in a different state.

      Originally posted by Erion929

      Comment

      • #4
        not-fishing
        Senior Member
        • Jan 2009
        • 2270



        Someone had to post this.

        As it goes with the Courts of California "We'll know when we know"

        Why do I keep remembering Rumsfield speech?

        Spreading the WORD according to COLT. and Smith, Wesson, Ruger, HK, Sig, High Standard, Browning

        Comment

        • #5
          IrishPirate
          Calguns Addict
          • Aug 2009
          • 6390

          is the full 9th circuit still considering this, or is it just infront of a panel right now???
          sigpic
          Most civilization is based on cowardice. It's so easy to civilize by teaching cowardice. You water down the standards which would lead to bravery. You restrain the will. You regulate the appetites. You fence in the horizons. You make a law for every movement. You deny the existence of chaos. You teach even the children to breathe slowly. You tame.
          People Should Not Be Afraid Of Their Governments, Governments Should Be Afraid Of Their People

          ΜΟΛΩΝ ΛΑΒΕ

          Comment

          • #6
            Wolverine
            Senior Member
            • Nov 2009
            • 741

            Originally posted by IrishPirate
            is the full 9th circuit still considering this, or is it just infront of a panel right now???
            This is in District Court, not yet up to the 9th Circuit.

            Comment

            • #7
              IrishPirate
              Calguns Addict
              • Aug 2009
              • 6390

              Originally posted by Wolverine
              This is in District Court, not yet up to the 9th Circuit.
              i thought there was a panel from the 9th looking at it at one point.....did it get remanded? For such a straight forward case it sure has taken a long time just to get to the District court. I know there were stays because of other cases, but which of those are still holding up a decision???
              sigpic
              Most civilization is based on cowardice. It's so easy to civilize by teaching cowardice. You water down the standards which would lead to bravery. You restrain the will. You regulate the appetites. You fence in the horizons. You make a law for every movement. You deny the existence of chaos. You teach even the children to breathe slowly. You tame.
              People Should Not Be Afraid Of Their Governments, Governments Should Be Afraid Of Their People

              ΜΟΛΩΝ ΛΑΒΕ

              Comment

              • #8
                Wolverine
                Senior Member
                • Nov 2009
                • 741

                Originally posted by IrishPirate
                i thought there was a panel from the 9th looking at it at one point.....did it get remanded? For such a straight forward case it sure has taken a long time just to get to the District court. I know there were stays because of other cases, but which of those are still holding up a decision???
                It's always been at the District level. It had been stayed twice while other cases were being decided (Nordyke, McDonald). Those interruptions took a lot of time, and takes a lot of time to get it restarted.

                Comment

                • #9
                  OleCuss
                  Calguns Addict
                  • Jun 2009
                  • 7783

                  I don't think the 9th ever looked at this. I think the confusion comes in because the district put this on hold while the 9th Circuit considered Nordyke.

                  So the circuit was only peripherally involved (IIRC).
                  CGN's token life-long teetotaling vegetarian. Don't consider anything I post as advice or as anything more than opinion (if even that).

                  Comment

                  • #10
                    Crom
                    Senior Member
                    • Feb 2010
                    • 1619

                    Stays and more stays

                    This case had a stay on it for a couple of years now. It has always been stuck in District court.

                    On October 2, 2009 (Two years ago!), District Judge Frank C. Damrell, Jr Ordered a stay in the case pending Nordyke IV (en banc)

                    On August 9th 2010, (LAST Year!), District Judge Frank C. Damrell, Jr Ordered a continuance of the stay in the case pending Nordyke V

                    October 2011, we're waiting for the court to lift the stay.

                    Comment

                    • #11
                      wildhawker
                      I need a LIFE!!
                      • Nov 2008
                      • 14150

                      Time flies when you're having fun.

                      -Brandon
                      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

                      • #12
                        yellowfin
                        Calguns Addict
                        • Nov 2007
                        • 8371

                        Procrastination as a Nobel prize category?
                        "You can't stop insane people from doing insane things with insane laws. That's insane!" -- Penn Jillette
                        Originally posted by indiandave
                        In Pennsylvania Your permit to carry concealed is called a License to carry fire arms. Other states call it a CCW. In New Jersey it's called a crime.
                        Discretionary Issue is the new Separate but Equal.

                        Comment

                        • #13
                          IrishPirate
                          Calguns Addict
                          • Aug 2009
                          • 6390

                          I'm guessing there's no chance of a new venue where a judge will be quicker about ruling...or at least hearing arguments!

                          Is there any time frame (aside from two weeks) for when the judge will decide if the stay will be lifted? (ie: must be before Thanksgving, before the new year, before the 1 year mark for the last stay, etc.)
                          sigpic
                          Most civilization is based on cowardice. It's so easy to civilize by teaching cowardice. You water down the standards which would lead to bravery. You restrain the will. You regulate the appetites. You fence in the horizons. You make a law for every movement. You deny the existence of chaos. You teach even the children to breathe slowly. You tame.
                          People Should Not Be Afraid Of Their Governments, Governments Should Be Afraid Of Their People

                          ΜΟΛΩΝ ΛΑΒΕ

                          Comment

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