California "assault weapon" ban challenged

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K9s
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Re: California

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Yeah, GOP doesn't ever bring that up, do they?
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Re: California

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This is what I wrote on the previous page that K9s replied about:
Leave us not forget that a Republican governor signed the California assault weapons bill, just like a Republican governor signed the microstamping bill which gives us our roster and handgun prohibitions, just like a Republican governor signed the Mulford Act which prevents us from carrying openly in a state where all the urban areas will not grant carry licenses because reasons.
K9s wrote:
Sun Dec 08, 2019 12:16 am
Yeah, GOP doesn't ever bring that up, do they?
Of course not. If they let on that Republicans signed the laws we all hate while saying they support gun rights, they'd damn near elect Donald Trump president.

Oh, wait.

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Re: California

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Re: California

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Actually the suit is perfectly timed, as both will be appealed beyond the next court and be petitioned to be picked up by the supreme court. If (and that's a big if) the mag case gets to the supreme court AND is decided in our favor, then the AW ban will also, based on the same merits, likely be overturned as well.

As to the questions around what exactly is being challenged, it's not just existing owners. Two gun shops have also joined the suit regarding the ability to sell guns that fall under existing law to folks that pass a background check. So it's pretty damned comprehensive. If the suit fails, more states will pass restrictions like it. If it succeeds, then a whole bunch of existing laws are (rightly) going to get torched.
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Re: California

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CDFingers wrote:
Sat Dec 07, 2019 10:27 pm
Leave us not forget that a Republican governor signed the California assault weapons bill, just like a Republican governor signed the microstamping bill which gives us our roster and handgun prohibitions, just like a Republican governor signed the Mulford Act which prevents us from carrying openly in a state where all the urban areas will not grant carry licenses because reasons.

Don't forget.

CDFingers
Yes, Roberti-Roos Assault Weapons Control Act of 1989 was signed into law by Rep Gov George Deukmejian. The CA microstamping billing was signed into law in 2007 by Rep Gov Arnold the Terminator. And the Mulford Act in 1967 was signed into law by Rep Gov Ronald Reagan.

Republicans can't argue they have clean hands in violating 2A rights.
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Re: California

Post by K9s »

Wait... what about deficits and spending then? Are you trying to tell me that was all a lie, too?

Back on track... it would be pretty cool if SCOTUS would slow the AWB talk. If Dems could just say "it's the law of the land".
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Re: California

Post by featureless »

I wonder what impact, if any, the current events in Virginia will have on these cases. I'm more than a little worried it might kick off something bigger than a legal battle.

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Re: California

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featureless wrote:
Sun Dec 08, 2019 10:27 am
I wonder what impact, if any, the current events in Virginia will have on these cases. I'm more than a little worried it might kick off something bigger than a legal battle.
Don't stop being worried.

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Re: California

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The Motion for Preliminary Injunction has been filed in this case.
http://publicfiles.firearmspolicy.org/m ... so-mpi.pdf

It's worth noting the judge is the same one that gave us Californians magazine "freedom week" earlier in the year. The argument is similar to that case--Heller doesn't allow banning categories of firearms in common use by law abiding citizens. Another freedom week?

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Re: California

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featureless wrote:
Tue Dec 10, 2019 2:51 pm
The Motion for Preliminary Injunction has been filed in this case.
http://publicfiles.firearmspolicy.org/m ... so-mpi.pdf

It's worth noting the judge is the same one that gave us Californians magazine "freedom week" earlier in the year. The argument is similar to that case--Heller doesn't allow banning categories of firearms in common use by law abiding citizens. Another freedom week?
Save up your pennies... just in case. :)
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Re: California

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K9s wrote:
Tue Dec 10, 2019 3:07 pm
featureless wrote:
Tue Dec 10, 2019 2:51 pm
The Motion for Preliminary Injunction has been filed in this case.
http://publicfiles.firearmspolicy.org/m ... so-mpi.pdf

It's worth noting the judge is the same one that gave us Californians magazine "freedom week" earlier in the year. The argument is similar to that case--Heller doesn't allow banning categories of firearms in common use by law abiding citizens. Another freedom week?
Save up your pennies... just in case. :)
:lol:

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Re: California

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Re: California

Post by CDFingers »

DispositionMatrix wrote:
Fri Jan 24, 2020 1:41 pm
Updates in Miller v. Becerra.
https://www.courtlistener.com/recap/gov ... 9.33.0.pdf
As has been the case since the enactment of the AWCA decades ago, the individual Plaintiffs are free to arm themselves with other weapons, including non-assault rifles, pistols, or shotguns, to engage in lawful self-defense. They may arm themselves with semiautomatic, rimfire rifles, or semiautomatic, centerfire rifles that do not have any of the militaristic features of an assault rifle. In restricting access to a uniquely dangerous subset ofmilitary-grade firearms,the AWCA will not irreparably harmPlaintiffsduring this litigation.
I predict the ban will stand.

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Re: California

Post by highdesert »

This case is before Judge Benitz who overturned the mag ban now at the 9th Circuit so we'll see. Trump has now appointed 10 judges to the 9th Circuit and there are some judges like O'Scannlain and Callahan appointed by previous Republican presidents that are sympathetic to 2A rights but not all Republican appointees. Every time an active judge takes senior status there is a new vacancy for Trump to fill. There are still more Clinton appointees on the 9th than Trump appointees, but since O'Connell got rid of blue slips Feinstein and Harris have no say in appointments to CA based federal courts.

We'll see what happens in this case.
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Re: California

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highdesert wrote:This case is before Judge Benitz...
Benitez was not too keen on the ban on purchasing ammunition without government permission. I suspect that will be overturned on appeal, though, as would an injunction against California's ban on semi-automatic carbines targeted by firearm prohibitionists.
Rhode vs Becerra - CA ammo law challenge
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Re: California

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DispositionMatrix wrote:
Sat Apr 25, 2020 5:28 am
highdesert wrote:This case is before Judge Benitz...
Benitez was not too keen on the ban on purchasing ammunition without government permission. I suspect that will be overturned on appeal, though, as would an injunction against California's ban on semi-automatic carbines targeted by firearm prohibitionists.
Rhode vs Becerra - CA ammo law challenge
When the gun lobby groups go judge shopping, I imagine Judge Benitez is at the top of their list. It's random assignment of cases and Benitez has senior status so he doesn't get assigned as many cases as an active district judge, but he's gotten quite a number of them. Hope he doesn't fully retire in the new future, we need him.
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Re: California

Post by featureless »

Every pro gun rights ruling that has come out of California since Heller has been overturned by CA9 (or is being held pending SCOTUS). It doesn't matter how good Benitez's ruling is, CA9 will find a way.

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