Duncan v Berrcerra

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  • wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    The trial judge just had oral arguments on summary judgement regarding the challenge to CA"s magazine ban. Also there was oral argument at the Ninth Circuit regarding a preliminary injunction. I have attached a copy of the transcript it was amazing the judge lit into the AG

    The trial court is going to rule on the MSJ soon so it might moot this argument.

    https://www.youtube.com/watch?time_continue=1535&v=gKa1Gz81sfk

    here is a taste
    MR. ECHEVERRIA: SO WHEN THE PEOPLE OF CALIFORNIA ENACTED PROPOSITION 63 THEY CLOSED A LOOPHOLE THAT MADE ENFORCEMENT OF THE EXISTING LARGE CAPACITY MAGAZINE RESTRICTIONS THAT YOUR HONOR REFERRED TO MORE DIFFICULT TO ENFORCE BECAUSE LARGE CAPACITY MAGAZINES, UNLIKE FIREARMS, DON'T BEAR UNIQUE IDENTIFYING NUMBERS. SO WHEN LAWENFORCEMENT COMES ACROSS A LARGE CAPACITY MAGAZINE, IT'S VERY DIFFICULT FOR THEMTO DETERMINE THAT THIS LARGE CAPACITY MAGAZINE WAS NOT GRANDFATHERED IN UNDER THE PRIOR LAW. AND THE PEOPLE CLOSED THAT LOOPHOLE NOT TO JUST ENABLE THE MORE EFFECTIVE ENFORCEMENT OF THE EXISTING RESTRICTIONS BUT BECAUSE LARGE CAPACITY MAGAZINES CAN BE STOLEN. THE ATTORNEY GENERAL HAS PRESENTED EVIDENCE THAT --

    THE COURT: DID THEY THINK OF THAT -- DIDN'T THE LEGISLATURE THINK ABOUT THAT WHEN THEY ORIGINALLY PASSED LEGISLATION BANNING THE SALE, TRANSFER, OR WHAT? DID THEY FALL ASLEEP AT THE SWITCH OR --

    MR. ECHEVERRIA: PRESUMABLY, BUT THE LEGISLATURE WASN'T REQUIRED IN 2000 TO ENACT A PERFECTLY COMPREHENSIVE LAW. THE LEGISLATURE IS ENTITLED TO ACT INCREMENTALLY AND TO EXPERIMENT. AND EXPERIMENTATION --

    THE COURT: INCREMENTALLY CAN ALSO DRIVE YOU TO THE POINT WHERE YOU COMPLETELY EXTINGUISHED OR DESTROYED THE SECOND AMENDMENT.

    MR. ECHEVERRIA: IN THAT CASE, IF THE LEGISLATURE OR THE PEOPLE WENT TOO FAR AND COMPLETELY EVISCERATED A SECOND AMENDMENT PROTECTION, THEN THE COURT WOULD STEP IN, POSSIBLY UNDER HELLER, SAY THIS WAS A POLICY CHOICE OFF THE TABLE. THAT'S NOT WHAT THE POSSESSION BAN DID.

    THE COURT: DO YOU SEE -- WHEN I SAID I WANTED TO CUT TO THE CHASE, THAT'S WHERE WE ARE. THAT'S WHERE WE ARE. SO WHAT WOULD JUSTIFY THE COURT SAYING: YOU'VE GONE TOO FAR?

    MR. ECHEVERRIA: THE COURT SHOULD NOT SAY THAT WITH RESPECT TO A LARGE CAPACITY MAGAZINE BAN. NO COURT HAS.

    THE COURT: I HEAR YOU. I HEAR YOU. BUT YOU'RE NOT ANSWERING MY QUESTION BECAUSE MY QUESTION IS: WHEN AND HOW WILL THE COURT MAKE THE DECISION THAT THE STATE HAS GONE TOO FAR?

    MR. ECHEVERRIA: WHEN THE STATE FAILS TO PRESENT SUBSTANTIAL EVIDENCE.

    THE COURT: WHAT WOULD THE SUBSTANTIAL EVIDENCE BE?

    MR. ECHEVERRIA: EXACTLY WHAT THE ATTORNEY GENERAL HAS PRESENTED TO YOUR HONOR IN THIS CASE.

    ...


    THE COURT: NOWTOMORROWI'MGOING TO ISSUE A DECREE. THE DECREE IS THAT ANYONE WHO HAS A MAGAZINE OF MORE THAN 10 ROUNDS HAS TO GET RID OF THEM. TURN THEMIN. "A," IT'S NOT GOING TO STOP PEOPLE LIKE THE SAN BERNARDINO SHOOTERS FROMENGAGING IN MASS SHOOTINGS. YOU KNOWTHAT, AND I KNOWTHAT. RIGHT?

    MR. ECHEVERRIA: CRIMINALS WILL ALWAYS EXIST, YOUR HONOR.

    THE COURT: EXACTLY.

    MR. ECHEVERRIA: THAT DOESN'T MEAN THE STATE IS FORBIDDEN FROMTRYING TO MAKE IT MORE DIFFICULT FOR INDIVIDUALS TO OBTAIN THOSE DANGEROUS MAGAZINES.

    THE COURT: I GOT YOU. I UNDERSTAND.
    THE COURT: THEN WE'RE GOING TO GET TO -- I WAVE MY MAGIC WAND. I MAKE ALL THE MAGAZINES WITH MORE THAN 10 ROUNDS GO AWAY. THEY WENT AWAY. THEN THE NEXT PERSON WHO IS DERANGED OR DECIDES THAT HE OR SHE WANTS TO FOR WHATEVER REASON KILL PEOPLE, THEY'RE PROBABLY GOING TO USE A GUN THAT HAS A MAGAZINE THAT HOLDS 10 ROUNDS. AND THE NEXT PERSON THAT COMMITS A MASS SHOOTING IS GOING TO USE A WEAPON THAT CONTAINS 10 ROUNDS. AND THE NEXT PERSON AFTER THAT IS GOING TO USE A WEAPON THAT CONTAINS A MAGAZINE THAT HOLDS 10 ROUNDS. NOWALONG IS GOING TO COME THE STATE, AND THE STATE IS GOING TO USE THE VERY SAME TYPE OF EVIDENCE THAT THE STATE HAS USED IN THIS CASE, AND THEY'RE GOING TO COME IN AND THEY'RE GOING TO SAY, LOOK, JUDGE, POLICE OFFICERS ARE BEING ASSAULTED ALL THE TIME WITH THESE WEAPONS THAT HOLD 10 ROUNDS, AND THEY WILL BECOME THE NEWLARGE CAPACITY MAGAZINE. AND THE STATE WILL SAY, JUDGE, WE HAVE TO TAKE THESE OFF THE STREETS BECAUSE LAWENFORCEMENT OFFICERS ARE BEING ASSAULTED WITH THESE AND PEOPLE ARE BEING KILLED, AND YOU KNOW, GUESS WHAT, YOU ONLY NEED 2.2 ROUNDS FOR SELF-DEFENSE. OKAY. NOWWHAT? I HAVE ESSENTIALLY THE SAME SITUATION I HAVE TODAY ONLY YOU WILL BE ARGUING THAT SOMETHING WHICH IS 10 ROUNDS IS A LARGE CAPACITY MAGAZINE THAT OUGHT TO BE BANNED, AND THE LEGISLATURE HAS MADE ITS POLICY DECISION AND I SHOULD DEFER TO IT, AND SECOND AMENDMENT BE DAMNED. RIGHT?

    MR. ECHEVERRIA: I'MNOT GOING TO PREDICT WHAT THE LEGISLATURE --

    THE COURT: WELL, I AM BECAUSE WHEN YOU LOOK AT THE INCREMENTAL WAY THAT WE HAVE BEEN ADDRESSING THE SECOND AMENDMENT, LOGIC AND REASON TELLS US THAT THAT'S EXACTLY WHAT'S GOING TO HAPPEN.
     

    Attachments

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    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    Filed order (J. CLIFFORD WALLACE, N. RANDY SMITH and DEBORAH A. BATTS) A judge of this court has called for a vote to determine whether this case will be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a). Within 21 days of the filed date of this order, the parties shall file simultaneous briefs addressing their respective positions on whether this case should be reheard en banc. Parties who are registered for ECF must file the response electronically without submission of paper copies. Parties who are not registered for ECF must file the original response plus 50 paper copies. [10985453] (OC)
     

    Dave.B

    Ultimate Member
    MDS Supporter
    May 15, 2011
    2,886
    Hawaiian judge over turning and Cal-commies ignoring the ruling in 3-2-1...
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    This is awesome. The Dems are making the 2A an issue when SCOTUS is stacked against them.
     

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