Compared to CA9, SCOTUS is quick. That every gun law in California needs to roll through CA9 prior to them ruling for the state is fucking tedious. Justice delayed and all that.sikacz wrote: Wed Dec 22, 2021 11:46 amHow wonderful, just in time to make it a midterm issue. Sometimes I think the SCOTUS is slow and antiquated. The pace they move at is more suited to a pre-information age society. Perhaps, they need to be all fired and people with more interest in reviewing cases put in their place.featureless wrote: Wed Dec 22, 2021 11:39 amThere's some hope SCOTUS will hold the case pending NYSRPA and then remand it for review. They are holding a similar mag ban case currently. We'll see in just 6 to 7 short months...highdesert wrote: Wed Dec 22, 2021 10:32 am Thanks for the update. SCOTUS accepts less than 3% of the cert petitions, let's hope they pick this case. Yup in CA one has to stay up on the law, we have a full time legislature that loves to pass new laws and a governor who automatically signs them.
Re: California standard-capacity mag ban challenge--Duncan v. Bonta
427Duncan has filed requesting Cert at SCOTUS.
Link to SCOTUS docket: https://www.supremecourt.gov/Search.asp ... -1194.html
https://michellawyers.com/wp-content/up ... -FINAL.pdfThe questions presented are:
1. Whether a blanket, retrospective, and
confiscatory law prohibiting ordinary law-abiding
citizens from possessing magazines in common use
violates the Second Amendment.
2. Whether a law dispossessing citizens without
compensation of property that was lawfully acquired
and long possessed without incident violates the
Takings Clause.
3. Whether the “two-step” approach that the
Ninth Circuit and other lower courts apply to Second
Amendment challenges is consistent with the
Constitution and this Court’s precedent.
Link to SCOTUS docket: https://www.supremecourt.gov/Search.asp ... -1194.html
Re: California standard-capacity mag ban challenge--Duncan v. Bonta
428Any predictions?
Re: California standard-capacity mag ban challenge--Duncan v. Bonta
429No predictions. But my hope is that SCOTUS will hold it, along with an AWB case they've held, and remand with instructions to follow the hopefully solid and clear win in NYSRP (New York carry case) decision to be issued by July. I'm excited we might get some actual refinement on what infringement means and what level of review lower courts must use. July is right around the corner, so we'll see. Or there could be a nuclear exchange just prior to the decision and those that survive will be back to clubs. In this day and age, predictions are useless!
Re: California standard-capacity mag ban challenge--Duncan v. Bonta
430I also hope they issue their decision in NYSRPA vs Bruen before July. Now would be a good time while Ukraine is dominating the news and we're all cheering on Ukrainians defending themselves. Duncan vs Bonta would be a good case after WA's legislators passed mag restrictions, it needs to have its day at SCOTUS. If they do grant cert, it would likely be argued in the new term starting in October.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan
Re: California standard-capacity mag ban challenge--Duncan v. Bonta
431I predict they defer to the states, ultimately. I think that is the wrong move, that keep and bear should be mostly the same, sea to shining sea.
CDFingers
CDFingers
Crazy cat peekin' through a lace bandana
like a one-eyed Cheshire, like a diamond-eyed Jack
like a one-eyed Cheshire, like a diamond-eyed Jack
Re: California standard-capacity mag ban challenge--Duncan v. Bonta
432In other word, keep things as is. Pitiful.CDFingers wrote: Wed Mar 09, 2022 3:31 pm I predict they defer to the states, ultimately. I think that is the wrong move, that keep and bear should be mostly the same, sea to shining sea.
CDFingers
Re: California standard-capacity mag ban challenge--Duncan v. Bonta
433CA9 is requesting briefs on vacate and remand treatment for Duncan, like they just did with Miller (AWB). So, round and round we go with the state doing tyrant shit and CA9 blessing it. Oh well. Weather was nice yesterday...
Re: California standard-capacity mag ban challenge--Duncan v. Bonta
434CA9 vacated and remanded Duncan today. Fucking assholes won't even consider finding for 2A even when GVR'd by SCOTUS. Pass the buck and delay.
https://michellawyers.com/wp-content/up ... anding.pdf
https://michellawyers.com/wp-content/up ... anding.pdf
Re: California standard-capacity mag ban challenge--Duncan v. Bonta
435So the way I see it, any lower court can just thumb their nose at any scotus ruling. If they can’t be removed for failure to comply, what’s the point of a higher court.
Side note republicans will use this same tactic against future unpopular dem rulings.
Side note republicans will use this same tactic against future unpopular dem rulings.
Re: California standard-capacity mag ban challenge--Duncan v. Bonta
436The problem is CA9 will take any justification proffered by AG Bonta. The state is _screaming_ "new standard, couldn't possibly have known we needed to provide historical justification!" The problem is, that is exactly what Heller demanded. So, CA9 is giving the state a do over based on a complete and concerted misrepresentation of Heller. This shit should have been settled at the District Court shortly after Heller. But instead, we'll get to ride the gun control train all the way back to SCOTUS. Again.
Re: California standard-capacity mag ban challenge--Duncan v. Bonta
437At which point scotus will tell’em to get with the program and ca9 will ignore it again. I don’t see a mechanism to enforce scotus rulings. That simply means courts have realized scotus has no real authority. That is a serious problem in my view.featureless wrote: Fri Sep 23, 2022 1:50 pm The problem is CA9 will take any justification proffered by AG Bonta. The state is _screaming_ "new standard, couldn't possibly have known we needed to provide historical justification!" The problem is, that is exactly what Heller demanded. So, CA9 is giving the state a do over based on a complete and concerted misrepresentation of Heller. This shit should have been settled at the District Court shortly after Heller. But instead, we'll get to ride the gun control train all the way back to SCOTUS. Again.
Re: California standard-capacity mag ban challenge--Duncan v. Bonta
438Kind of like half the country not believing in election results. Government and law rely heavily on faith in the system.sikacz wrote: Fri Sep 23, 2022 1:54 pmAt which point scotus will tell’em to get with the program and ca9 will ignore it again. I don’t see a mechanism to enforce scotus rulings. That simply means courts have realized scotus has no real authority. That is a serious problem in my view.featureless wrote: Fri Sep 23, 2022 1:50 pm The problem is CA9 will take any justification proffered by AG Bonta. The state is _screaming_ "new standard, couldn't possibly have known we needed to provide historical justification!" The problem is, that is exactly what Heller demanded. So, CA9 is giving the state a do over based on a complete and concerted misrepresentation of Heller. This shit should have been settled at the District Court shortly after Heller. But instead, we'll get to ride the gun control train all the way back to SCOTUS. Again.
Re: California standard-capacity mag ban challenge--Duncan v. Bonta
439Yes. We’re in a lot trouble as a country.featureless wrote: Fri Sep 23, 2022 2:13 pmKind of like half the country not believing in election results. Government and law rely heavily on faith in the system.sikacz wrote: Fri Sep 23, 2022 1:54 pmAt which point scotus will tell’em to get with the program and ca9 will ignore it again. I don’t see a mechanism to enforce scotus rulings. That simply means courts have realized scotus has no real authority. That is a serious problem in my view.featureless wrote: Fri Sep 23, 2022 1:50 pm The problem is CA9 will take any justification proffered by AG Bonta. The state is _screaming_ "new standard, couldn't possibly have known we needed to provide historical justification!" The problem is, that is exactly what Heller demanded. So, CA9 is giving the state a do over based on a complete and concerted misrepresentation of Heller. This shit should have been settled at the District Court shortly after Heller. But instead, we'll get to ride the gun control train all the way back to SCOTUS. Again.
Re: California standard-capacity mag ban challenge--Duncan v. Bonta
441Not to put too fine a point on it, but I totally believe in my GP100.
CDFingers
Crazy cat peekin' through a lace bandana
like a one-eyed Cheshire, like a diamond-eyed Jack
like a one-eyed Cheshire, like a diamond-eyed Jack
Re: California standard-capacity mag ban challenge--Duncan v. Bonta
442Lifetime federal judicial appointments. After so many years on active status, they can take senior status and their caseload goes down (to about 20% of an active caseload), but their staff isn't reduced. No mandatory retirement age, so they can stay until they die.
Not surprised the 9th en banc panel remanded this case back to the district court, the 9th did the same thing with Miller v Bonta. It's taken George Young (Young v Hawaii) about 10 years for his case to play yoyo - up the courts to SCOTUS and back down again. Hawaii counties have revised their concealed carry licensing requirement, but we'll see if it's really different.
https://www.hawaiinewsnow.com/2022/09/0 ... -gun-laws/
Not surprised the 9th en banc panel remanded this case back to the district court, the 9th did the same thing with Miller v Bonta. It's taken George Young (Young v Hawaii) about 10 years for his case to play yoyo - up the courts to SCOTUS and back down again. Hawaii counties have revised their concealed carry licensing requirement, but we'll see if it's really different.
https://www.hawaiinewsnow.com/2022/09/0 ... -gun-laws/
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan
Re: California standard-capacity mag ban challenge--Duncan v. Bonta
443Tangible assets!CDFingers wrote: Fri Sep 23, 2022 5:05 pmNot to put too fine a point on it, but I totally believe in my GP100.
CDFingers
Re: California standard-capacity mag ban challenge--Duncan v. Bonta
444Not surprised, either. Just very frustrated with CA9's behavior. It's no less corrupt than the "other side."highdesert wrote: Fri Sep 23, 2022 5:28 pm Not surprised the 9th en banc panel remanded this case back to the district court, the 9th did the same thing with Miller v Bonta.
Re: California standard-capacity mag ban challenge--Duncan v. Bonta
445Agree.featureless wrote: Fri Sep 23, 2022 5:55 pmNot surprised, either. Just very frustrated with CA9's behavior. It's no less corrupt than the "other side."highdesert wrote: Fri Sep 23, 2022 5:28 pm Not surprised the 9th en banc panel remanded this case back to the district court, the 9th did the same thing with Miller v Bonta.
Re: California standard-capacity mag ban challenge--Duncan v. Bonta
446The link leads to the most recent ruling in Duncan v. Bonta wherein we find that the limit is unconstitutional.
https://storage.courtlistener.com/recap ... 49.0_1.pdf
Cue the run on mags.
CDFingers
https://storage.courtlistener.com/recap ... 49.0_1.pdf
Cue the run on mags.
CDFingers
Crazy cat peekin' through a lace bandana
like a one-eyed Cheshire, like a diamond-eyed Jack
like a one-eyed Cheshire, like a diamond-eyed Jack
Re: California standard-capacity mag ban challenge--Duncan v. Bonta
447Comes with a 10 day stay. CA will appeal. It will most likely go all the way to SCOTUS. Again. Fucking frustrating, but a good "win."CDFingers wrote: Fri Sep 22, 2023 6:50 pm The link leads to the most recent ruling in Duncan v. Bonta wherein we find that the limit is unconstitutional.
https://storage.courtlistener.com/recap ... 49.0_1.pdf
Cue the run on mags.
CDFingers
Re: California standard-capacity mag ban challenge--Duncan v. Bonta
448From the court of St Benitez as he's called in some circles (US District Judge Roger Benitez).
It started as Duncan v Becerra and won in Benitez's court, it won in a 9th Circuit panel decision, but lost at a 9th Circuit en banc. Duncan sought and won cert from SCOTUS and the en banc ruling was vacated and remanded back to the 9th Circuit. A panel of the 9th Circuit then sent it back to Benitez in SDCA. It's back at the 9th a little over a year after SCOTUS GVR'd the case back to them.
We'll see what the 9th does post-Bruen.
If the 9th Circuit hasn't imposed a stay by the 11th day, then it's open season.Because millions of removable firearm magazines able to hold between 10 and 30 rounds are commonly owned by law-abiding citizens for lawful purposes, including self-defense, and because they are reasonably related to service in the militia, the magazines are presumptively within the protection of the Second Amendment. There is no American history or tradition of regulating firearms based on the number of rounds they can shoot, or of regulating the amount of ammunition that can be kept and carried. The best analogue that can be drawn from historical gun laws are the early militia equipment regulations that required all able-bodied citizens to equip themselves with a gun and a minimum amount of ammunition in excess of 10 rounds.
It started as Duncan v Becerra and won in Benitez's court, it won in a 9th Circuit panel decision, but lost at a 9th Circuit en banc. Duncan sought and won cert from SCOTUS and the en banc ruling was vacated and remanded back to the 9th Circuit. A panel of the 9th Circuit then sent it back to Benitez in SDCA. It's back at the 9th a little over a year after SCOTUS GVR'd the case back to them.
We'll see what the 9th does post-Bruen.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan
Re: California standard-capacity mag ban challenge--Duncan v. Bonta
449Appeal to CA9 filed. That didn't take long.
https://storage.courtlistener.com/recap ... .150.0.pdf
Fuck Bonta. What a fucking waste of taxpayer money.
https://storage.courtlistener.com/recap ... .150.0.pdf
Fuck Bonta. What a fucking waste of taxpayer money.
Re: California standard-capacity mag ban challenge--Duncan v. Bonta
450As bad as republicans when it comes to their pet agenda.featureless wrote: Fri Sep 22, 2023 9:55 pm Appeal to CA9 filed. That didn't take long.
https://storage.courtlistener.com/recap ... .150.0.pdf
Fuck Bonta. What a fucking waste of taxpayer money.