CA ammo law enjoined on a PI

[Allen65]

I just skimmed it but it did seem to be well written. Hopefully, it can be used in future cases.

It's only a District Court, so it's not precedent for the Circuit. And you can bet CA will immediately appeal to 9CA, and eventually get an en banc if they pull a panel that upholds any final injunction that comes out of the case.

 

[pcfixer]

Good analogy..
https://pdfhost.io/v/p3nFQxMjZ_Rhode_Preliminary_Injunction_Order_ammo_banpdf.pdf

Guns and ammunition in the hands of criminals, tyrants and terrorists are poisonous; guns in the hands of law-abiding responsible citizens are the antidote. To give full life to the
core right of self -defense, every law-abiding responsible individual citizen has a constitutionally-protected right to keep and bear firearmsand ammunition. No legislature or popular vote has the constitutional authority to dictate to a citizen that he or she may not acquire ordinary and popular ammunition for his or her guns.

 

[whistlersmother]

I hope something can be done for the Vietnam veteran who can't get a passport or RealID 'cause he doesn't know his birth father's full name (he was adopted).

Seems something should be waived for a guy with a Purple Heart and a Bronze Star...

 

[pcfixer]

I hope something can be done for the Vietnam veteran who can't get a passport or RealID 'cause he doesn't know his birth father's full name (he was adopted).

Seems something should be waived for a guy with a Purple Heart and a Bronze Star...

visit our website at www.va.gov or call 800 827-1000 if you have specific questions or concerns. Military Assistance Program.

Also if that doesn't work call the federal House of Reps or State Senators.


Added note. If him go to court house clerk and get a pro bono lawyer to open or unseal birth records to obtain information.
A good friend of mine was adopted from parents you were in West Germany...He was born there as 2 Americans citizens he is American.
He was adopted in Arkansas as a baby on only birth certificate he had, Joined Marine Corps ..Now retired and had difficulty with Social Security Admin.
Finally got original birth cert and get SS Benefits. SS tried to tell him he was an illegal alien...Image that.

 

[press1280]

It's only a District Court, so it's not precedent for the Circuit. And you can bet CA will immediately appeal to 9CA, and eventually get an en banc if they pull a panel that upholds any final injunction that comes out of the case.

That's what I was afraid of although the logic of this decision, plus the fact we appear to be heading toward an opinion on the merits in NYSRPA , AND the shrinking liberal majority on CA9 make that less likely now.

 

[rascal]

"Presently, California and many other states sit in isolation under pandemic-inspired stay-at-home orders."

Given the opportunity, the other side will march in "studies" that say higher gun ownership equals more domestic murder, and argue the population health imperative in the stay at home ordered period is to limit the Second,not increase it. Never mind that not a single one of those junk "studies" controls for illegal possessors, prior or even active criminals, who make up much higher numbers of homes where severe domestic violence occurs, than their proportion of "gun owning households" within the data sets.

 

[Muleskinner]

Midway USA has a big banner on their webpage welcoming California ammo buyers back

 

[delaware_export]

Ttag is reporting stay request by the state has been denied...

https://www.thetruthaboutguns.com/b...his-injunction-in-ammo-background-check-case/

 

[bpm32]

Ttag is reporting stay request by the state has been denied...

https://www.thetruthaboutguns.com/b...his-injunction-in-ammo-background-check-case/

By Benitez, but the 9th Circuit already overruled him.

 

[pcfixer]

https://www.thetruthaboutguns.com/n...nia-ammo-background-check-law-again-in-force/

 

[press1280]

By Benitez, but the 9th Circuit already overruled him.

And so we wait another year at least for the appeal........

This is why I don't get excited when we get a district court win.

 

[swamplynx]

And so we wait another year at least for the appeal........

This is why I don't get excited when we get a district court win.

Especially with the 9CA communist kangaroo court. If the panel comes back favorably, they’ll just en banc it and flip it back. Trump and Mitch can’t do enough for the poor subjects of the 9CA to keep replacing the statists masquerading as jurists in that court.

 

[bpm32]

Hawaii judge strikes again.

 

[pcfixer]

As I can see Before 2 circuit court judges: Mary Murguira (Obama) and Mark Bennett(Trump) Don't see a 3 judge unless a senior judge (I see 19) https://en.wikipedia.org/wiki/List_of_current_United_States_circuit_judges

Case 20-55437

: Rhode v Becerra (9th Circuit): The request for an immediate administrative stay is granted. The district court’s 4/23/20 preliminary injunction order is temporarily stayed pending further court order. The court will address the emergency stay motion by separate order.

 

[GTOGUNNER]

No surprise. But winning the first step is big. Not only that,i thought the decision was very well written.

 

[PowPow]

It's good to know that judges like Judge Benitez exist and are doing the Lord's work.

 

[motorcoachdoug]

So now i wonder how long before the next court hearing on this? will the wheels of justice move so slowly or will it move at a wagon wheel turn?

 

[PowPow]

Here is a summary that I thought was pretty good.

https://reason.com/2020/04/27/court...nias-ammunition-background-check-requirement/

 

[press1280]

As I can see Before 2 circuit court judges: Mary Murguira (Obama) and Mark Bennett(Trump) Don't see a 3 judge unless a senior judge (I see 19) https://en.wikipedia.org/wiki/List_of_current_United_States_circuit_judges

Case 20-55437

: Rhode v Becerra (9th Circuit): The request for an immediate administrative stay is granted. The district court’s 4/23/20 preliminary injunction order is temporarily stayed pending further court order. The court will address the emergency stay motion by separate order.

I think the 9th uses a “motions panel” in this case as opposed to a 3 judge panel.

 

[ralph.mclean]

Too late. Reversed later that same day by the ultra-liberal 9th Circuit...