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Quoted: They probably have a replacement AWB bill ready to be signed once the current one gets tossed. View Quote View All Quotes View All Quotes Quoted: Quoted: I just think CA will find a way to not allow This They probably have a replacement AWB bill ready to be signed once the current one gets tossed. That’s how the mag capacity issue will go. If the 10 round limit is unconstitutional they will immediately pass a 11, 12 or 15 round limit. |
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At one point they had a registry for "assault weapons", correct? Is that still on the books and they only barred new additions with the current ban, or no? Where a favorable ruling in this case would only open the registry, or they'd have to pass something new to go back to that?
I expect that'll be there next attempt either way - a registry with obnoxious fees or lengthy processes to register. Heck, who are we kidding, both, and likely then some... |
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Quoted: At one point they had a registry for "assault weapons", correct? Is that still on the books and they only barred new additions with the current ban, or no? Where a favorable ruling in this case would only open the registry, or they'd have to pass something new to go back to that? I expect that'll be there next attempt either way - a registry with obnoxious fees or lengthy processes to register. Heck, who are we kidding, both, and likely then some... View Quote There is currently a registry for assault weapons. It was first opened with the Roberti-Roos Act in 1989 which was a make/model ban. It was closed in the early 1990s. It was reopened to accommodate weapons banned by the AR-15/AK-47 series ban; this was in the 1990s, IIRC. Every time a new weapon was added, opportunity was given for registration. The courts shut down the expansion of the ban. Then you had the ban which took effect in 2001, which again opened things up; this was the features-based ban. A registration period was created and then closed. As new weapons were made into assault weapons (bullet button rifles due to changes in the definition of a fixed mag, California's version of Title 1 Others being added into the ban, etc.) in more recent years, new windows have opened for those specific weapon types. I think the bullet button ban had to allow for new registration since they bungled the last one and I'm not sure they have started for "others" yet. I believe that at least one of the suits (probably Rupp, if just one) is challenging the registry as part of the overall assault on the ban. I'm not entirely sure on that one. |
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this is dated today. did we win yet?
https://assets.nationbuilder.com/firearmspolicycoalition/pages/5381/attachments/original/1661264439/Miller_v_Bonta_Mandate.pdf?1661264439 |
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The California Government has no functioning opposition. They will just ignore any law.
Californians aren’t getting common use firearms. Ever. |
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do weekends count toward the "20 days"? If so, then they have until friday to file
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Quoted: I am confusion. Per the OP the 20 day order was placed on the 3rd. If weekends count its already over. View Quote View All Quotes View All Quotes Quoted: Quoted: do weekends count toward the "20 days"? If so, then they have until friday to file The order was originally drafted on the 3rd, but the judge didn't file it until the 8th. So, we're waiting for the 28th. |
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Quoted: All is well until you get pulled over for a tail light. That happened to a friend at work. He bought a California approved bullet button rifle and didn't know it needs to be registered. He got felony charges. View Quote Can you expand on this? What justified the search that found the rifle? Was it in plain view, or in the closed trunk? |
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Quoted: Can you expand on this? What justified the search that found the rifle? Was it in plain view, or in the closed trunk? View Quote View All Quotes View All Quotes Quoted: Quoted: All is well until you get pulled over for a tail light. That happened to a friend at work. He bought a California approved bullet button rifle and didn't know it needs to be registered. He got felony charges. Can you expand on this? What justified the search that found the rifle? Was it in plain view, or in the closed trunk? What county? The typical agent of the state of Calif doesn’t know bullet button from belly button |
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Quoted: Judge Benitez got the Assault Weapon ban case back from the Ninth on August 3rd, 2022. Miller V. Bonta Judge Benitez gave them (20) days to file their new Points & Authorities (P's & A's). That would be this week. Tic-Toc Mo-fo's were waiting .. --------------------------------------------------------------------------------- *** UPDATED **** P's and A's in by today.......Judge Benitez is wasting no ones time. He scheduled the hearing first thing monday morning, 8/29/2022. Get ready DOJ bitches, your about to take a long walk off a short pier..... View Quote |
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Exciting news! It's hard reading those legal documents with my limited understanding of exactly how the legal system works.
Would it just affect the assault weapons ban or would it also affect the handgun roster? I've always wanted an AR pistol but was young and broke with small kids when SB23 passed (assault weapons ban). Would be cool to put one together. |
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Quoted: Exciting news! It's hard reading those legal documents with my limited understanding of exactly how the legal system works. Would it just affect the assault weapons ban or would it also affect the handgun roster? I've always wanted an AR pistol but was young and broke with small kids when SB23 passed (assault weapons ban). Would be cool to put one together. View Quote Pretty sure the roster is a completely separate law suit. |
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*** UPDATE ***
2022-8-29: Minute Entry for proceedings held before Judge Roger T. Benitez: Appeal Mandate Hearing held on 8/29/2022. Appeal Mandate ordered filed for USCA Case Number(s): 21-55608. Injunction dissolved. Both parties have 45 days to file simultaneous additional briefs and 15 days thereafter to file responsive briefs in light of Bruen. The Court will then decide whether to schedule any hearings or decide the case on the record. So.....by October 30, 2022, just before the election, Justice might actually prevail in California. We will see. |
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CA DOJ is fighting a delaying action, to be sure.
But not before the mid term elections. I bet they were hoping for a response AFTER the mid terms. |
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Just now, the Ninth Circuit vacated and remanded the lawsuit challenging California's magazine ban, which means it will now go back to the district court to be heard again View Quote Vacated and remanded back to district pdf. UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT... ORDER The judgment in this case is vacated, Duncan v. Bonta, 142 S. Ct. 2895 (2022), and this case is remanded to the district court for further proceedings consistent with New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. ____, 142 S. Ct. 2111 (2022). Judge Bumatay and Judge VanDyke dissent from the order remanding this case to the district court. The parties shall bear their own attorney’s fees, costs, and expenses. This order constitutes the mandate of this court. VACATED and REMANDED. View Quote |
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Quoted:
Vacated and remanded back to district pdf. View Quote View All Quotes View All Quotes Quoted:
Just now, the Ninth Circuit vacated and remanded the lawsuit challenging California's magazine ban, which means it will now go back to the district court to be heard again Vacated and remanded back to district pdf. UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT... ORDER The judgment in this case is vacated, Duncan v. Bonta, 142 S. Ct. 2895 (2022), and this case is remanded to the district court for further proceedings consistent with New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. ____, 142 S. Ct. 2111 (2022). Judge Bumatay and Judge VanDyke dissent from the order remanding this case to the district court. The parties shall bear their own attorney’s fees, costs, and expenses. This order constitutes the mandate of this court. VACATED and REMANDED. Magazine ban, 10 day waiting period, Handgun roster, etc etc, will all go by the way of the dodo bird 9th... But they will go ! |
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Should have something on the 12th at the earliest or the 21st at the latest, ruling by the first week of Nov if we are lucky.
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Quoted: That’s great! What’s this BS about a ccw bill that will render CA ccws basically worthless? View Quote Probably the state legislature trying to fight tooth and nail against Bruen. Did you think one court case would make them give up? If nothing else, it might be nice to just see the police out here say “no” to the CA legislature, and decide to not enforce most of the abnormal gun laws they’ve passed on the basis they violate the constitution and Supreme Court rulings. |
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45 days is up tomorrow. Both sides should file something by COB.
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. CONCLUSION The record shows that Plaintiffs must prevail under Heller and Bruen, and the State has not and cannot justify its assault weapons ban by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation. View Quote |
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Quoted: . CONCLUSION The record shows that Plaintiffs must prevail under Heller and Bruen, and the State has not and cannot justify its assault weapons ban by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation. So it's dead? |
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Quoted: So it's dead? View Quote no, that's apparently the plaintiff's brief saying why the ban should be tossed. https://storage.courtlistener.com/recap/gov.uscourts.casd.642089/gov.uscourts.casd.642089.136.0.pdf nothing ruled on yet |
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Good luck Cali!
I lived in SoCal as a kid during the late 70's early 80's. California used to be a magical place. I wish it still was. Hopefully, this is a step in the right direction. |
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