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Bauer v. Harris (DROS Fees) - Appeal to 9th, 7/20/15 - LOSS June 1 2017

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  • fizux
    Senior Member
    CGN Contributor - Lifetime
    • Apr 2012
    • 1540

    Bauer v. Harris (DROS Fees) - Appeal to 9th, 7/20/15 - LOSS June 1 2017

    Bauer v. Harris
    Issue: Excessive DROS Fees

    Current Status as of 3/24/2014: Discovery; MSJs to be scheduled by 11/17/2014.

    9/30/2013 - Scheduling order - Discovery 8/15/2014; Dispositive Motions 11/17/2014; Pretrial 2/10/2015; Jury Trial 3/24/2015.
    8/07/2013 - Answer to SAC.
    7/24/2013 - Second Amended Complaint.
    3/8/2012 - Answer to FAC.
    2/09/2012 - First Amended Complaint.
    8/25/2011 - Complaint.

    Trial Court: E.D. Cal.
    Case No.: 11-cv-1440
    Docket: http://ia600700.us.archive.org/16/it...28.docket.html

    Michel & Assoc. News Release
    Last edited by fizux; 03-24-2014, 8:37 PM. Reason: updates
    Nationwide Master List of Current 2A Cases, courtesy of Al Norris @ TFL.

    Reloading Clubs: SF, East Bay

    Case Status: (Handgun Roster). SF v. 44Mag (Mag Parts Kits). Bauer v. Harris (DROS Fees). Davis v. LA (CCW policy). Jackson v. SF (Ammo/Storage). Teixeira (FFL Zoning). First Unitarian v. NSA (Privacy). Silvester (Waiting Period). Schoepf (DROS Delay). Haynie (AW ban). SFVPOA v. SF (10+ mag possession ban). Bear in Public: Drake (3CA); Moore (7CA); Richards, Peruta, McKay (9CA).
  • #2
    taperxz
    I need a LIFE!!
    • Feb 2010
    • 19395

    Sweet!

    Comment

    • #3
      Casual_Shooter
      Ban Hammer Avoidance Team
      CGN Contributor - Lifetime
      • Sep 2006
      • 11733

      The link goes to an article from 2011. Does your post indicate something is happening currently?
      Guns, dogs and home alarms. Opponents are all of a sudden advocates once their personal space is violated.

      "Those who cannot remember the posts are condemned to repeat them"



      Why is it all the funny stuff happens to comedians?

      Comment

      • #4
        fizux
        Senior Member
        CGN Contributor - Lifetime
        • Apr 2012
        • 1540

        Originally posted by Casual_Shooter
        The link goes to an article from 2011. Does your post indicate something is happening currently?
        Nope, it means that I am going to work on fleshing out the info on this case and update the OP shortly*.

        * a period of time approximately equal to two weeks.
        Nationwide Master List of Current 2A Cases, courtesy of Al Norris @ TFL.

        Reloading Clubs: SF, East Bay

        Case Status: (Handgun Roster). SF v. 44Mag (Mag Parts Kits). Bauer v. Harris (DROS Fees). Davis v. LA (CCW policy). Jackson v. SF (Ammo/Storage). Teixeira (FFL Zoning). First Unitarian v. NSA (Privacy). Silvester (Waiting Period). Schoepf (DROS Delay). Haynie (AW ban). SFVPOA v. SF (10+ mag possession ban). Bear in Public: Drake (3CA); Moore (7CA); Richards, Peruta, McKay (9CA).

        Comment

        • #5
          Casual_Shooter
          Ban Hammer Avoidance Team
          CGN Contributor - Lifetime
          • Sep 2006
          • 11733

          Originally posted by fizux
          Nope, it means that I am going to work on fleshing out the info on this case and update the OP shortly*.

          * a period of time approximately equal to two weeks.
          Excellent. I appreciate your recent posts with details of the different cases.
          Guns, dogs and home alarms. Opponents are all of a sudden advocates once their personal space is violated.

          "Those who cannot remember the posts are condemned to repeat them"



          Why is it all the funny stuff happens to comedians?

          Comment

          • #6
            readysetgo
            CGSSA Coordinator
            • Aug 2011
            • 8689

            Another DROS fund raid in the works... seems relevant news.

            Calguns discussion thread here: SB 580 - $15 Million raid of fees paid by gun owners, to fund APPS confiscation / DOJ
            Stand up and be counted, or lay down and be mounted... -Mac

            Comment

            • #7
              Drivedabizness
              Veteran Member
              • Dec 2009
              • 2610

              Jeezuz H - is this pace not glacially slow???

              I suppose we have to take the corn holing for another year minimum - an injunction wasn't in the cards?
              Proud CGN Contributor
              USMC Pistol Team Alumni - Distinguished Pistol Shot
              Owner of multiple Constitutionally protected tools

              Comment

              • #8
                Librarian
                Admin and Poltergeist
                CGN Contributor - Lifetime
                • Oct 2005
                • 44631

                Ruling today - http://law.justia.com/cases/federal/...440/228128/60/

                Decision and order
                In any event, the DROS fee imposes only a $19.00 fee on firearm transactions. Under any level of scrutiny, the DROS fee is constitutional because it places only a marginal burden on “the core of the Second Amendment,” which is “the right of law-abiding, responsible citizens to use arms in defense of hearth and home.” Peruta, 742 F.3d at 1181 (quoting Heller, 554 U.S. at 635).6
                ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                Comment

                • #9
                  M. D. Van Norman
                  Veteran Member
                  • Jul 2002
                  • 4168

                  Matthew D. Van Norman
                  Dancing Giant Sales | Licensed Firearms Dealer | Rainier, WA

                  Comment

                  • #10
                    CCWFacts
                    Calguns Addict
                    • May 2007
                    • 6168

                    If voter registration required ID, a background check, and costed $19, and there were no waivers or fee assistance programs available, Obama would never have been president. I would be 100% ok with a $19 voter reg fee!
                    "Weakness is provocative."
                    Senator Tom Cotton, president in 2024

                    Victoria "Tori" Rose Smith's life mattered.

                    Comment

                    • #11
                      gobler
                      Veteran Member
                      • Mar 2010
                      • 3348

                      Or how about a basic test on political science. You know, to make sure the voters understands how our form of government works?
                      200 bullets at a time......
                      sigpic

                      Subscribe to my YouTube channel ---->http://www.youtube.com/user/2A4USA

                      Comment

                      • #12
                        readysetgo
                        CGSSA Coordinator
                        • Aug 2011
                        • 8689

                        How 'bout $19 x 2,000,000? The approximate amount they've been trying to swindle for their "marginal" burden.

                        Stand up and be counted, or lay down and be mounted... -Mac

                        Comment

                        • #13
                          thorium
                          Senior Member
                          • Jan 2006
                          • 970

                          While we don't like the decision, this was a District Court judge appointed by George W Bush, and as an objective legal matter, it does seem he was just following 9CA precedent.

                          Just another reason why we need more circuit and SCOTUS level precedent and we're going to have a mixed bag of results until there is more jurisprudence out there..
                          -------------------------

                          Comment

                          • #14
                            RobertMW
                            Senior Member
                            • Jul 2013
                            • 2117

                            Under any level of scrutiny, the DROS fee is constitutional because it places only a marginal burden on “the core of the Second Amendment,”


                            This whole "It's not strict scrutiny, therefore the law doesn't have to be well tailored," argument is getting very frustrating.

                            I get the argument that going up and down the scrutiny levels that the burden can be more or less on the .gov to prove that it is a necessary law for their stated goal, but clearly stupid crap, like charging fees in excess of what is necessary to recuperate the costs of running a program, is way too easy to blow through the courts.

                            Where are these judges found? Do they not take some basic logic and mathematics along with their ten-thousand english classes? I'm glad that the law was written well, but we all give a damn about what it DOES!
                            Originally posted by kcbrown
                            I'm most famous for my positive mental attitude.

                            Comment

                            • #15
                              Ahimoth
                              Junior Member
                              • Jan 2013
                              • 77

                              On a positive note, I do like that they made reference to Peruta.

                              Comment

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