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Posted: 1/18/2020 11:08:23 PM EDT
[#1]
Can you imagine what that freedom week will look like.
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Posted: 1/19/2020 3:13:07 AM EDT
[#2]
Which case is this?
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Posted: 1/19/2020 6:29:08 AM EDT
[#3]
Quote HistoryQuoted:
Can you imagine what that freedom week will look like. |
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Posted: 1/19/2020 6:36:31 AM EDT
[#4]
Quote HistoryQuoted:
Which case is this? If the plaintiffs succeed, for sure all of the AWB outside of the make and model bans and possibly part of the .50 BMG ban would go away, although I'm sure it would be appealed to the 9th Circuit, and a stay would likely be issued, probably stricter than the one in Duncan v. Becerra. Benitez is also the judge in Rhode v. Becerra, challenging the new ammo laws. |
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Posted: 1/19/2020 11:08:53 PM EDT
[#5]
If the plaintiffs succeed, for sure all of the AWB outside of the make and model bans and possibly part of the .50 BMG ban would go away,"
Then our enemies will simply list EVERYTHING that they don't like. 
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Posted: 1/20/2020 2:36:25 AM EDT
[#6]
Quote HistoryQuoted:
If the plaintiffs succeed, for sure all of the AWB outside of the make and model bans and possibly part of the .50 BMG ban would go away," Then our enemies will simply list EVERYTHING that they don't like. But a ruling might preclude any further anti-AW laws, simply just not touching the ones not asked to be thrown out by the plaintiffs. Then again, Benitez might just write a broad enough ruling to cover all of it, anyways. |
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Posted: 1/20/2020 10:55:03 AM EDT
[#7]
What CalGuns is betting on is that with the magazine ban, he invalidated more than what was requested by the plaintiffs after looking into the core arguments of the law. So they are of the mindset that it will happen again, when we have no idea what will happen. I highly doubt we will be able to buy anything, even if he did give us another freedom week, CA DOJ has said you can't claim something after your 10 day wait if it is no longer legal to purchase at the time of pick up. Add in the not challenged 1 in 30 rule and the window for buyers narrows. Not to mention other cool things like AR pistols still have the Roster issue etc. He would need to almost double the length of freedom week for us to buy anything before handing it to the 9th, I just don't see it happening. But converting rifles you own, oh ya, I can see that window as it need be only hours.
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Posted: 1/24/2020 4:42:46 PM EDT
[#8]
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Posted: 1/29/2020 12:35:54 PM EDT
[#9]
Quoted:
The CA AWB case is still there, just moving at the speed of law. It keeps getting bumped but we must be patient. It will be heard. I sincerely pray that His Honor Judge Roger T. Benitez will rule favorably. Jan 15, 2020 NOTICE of Change of Motion Hearing as to [16-1] MOTION to Dismiss for Lack of Jurisdiction Certain Claims in First Amended Complaint, [16-2] MOTION to Dismiss for Failure to State a Claim, [22-1] MOTION for Preliminary Injunction and Declaratory Relief: Motion Hearing reset for 2/6/2020 02:00 PM in Courtroom 5A before Judge Roger T. Benitez. Opposition briefs are to be filed no later than 1/23/2020. All reply briefs are to be filed no later than 1/30/2020. (no document attached) (gxr) (Entered: 01/15/2020) It'll be heard. I sincerely pray that His Honor Judge Roger T. Benitez will rule in our favor and punish our credit cards verily. I ditto that! Impala |
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Posted: 2/4/2020 4:07:09 PM EDT
[#10]
Hearing got moved to March 19.
NOTICE: Change of Motion Hearing on [16] MOTION to Dismiss for Lack of Jurisdiction Certain Claims in First Amended Complaint MOTION to Dismiss for Failure to State a Claim , [22] MOTION for Preliminary Injunction and Declaratory Relief: Motion Hearing reset for 3/19/2020 10:00 AM in Courtroom 5A before Judge Roger T. Benitez. (no document attached) (gxr) |
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Posted: 2/4/2020 6:48:16 PM EDT
[#11]
Moving at the speed of law.
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Posted: 2/4/2020 10:00:07 PM EDT
[#12]
Alarm set, I'll try to go see if any arguments are actually made that day.
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Posted: 2/5/2020 7:22:06 PM EDT
[#13]
I can't wait for the final judgement!!!!
Impala |
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Posted: 2/18/2020 4:34:20 PM EDT
[#14]
Quote HistoryQuoted: Miller v. Becerra. Started out as a challenge to one part of the third AWB, whereby placing a magazine with a capacity greater than ten rounds in a fixed-magazine semi-auto centerfire rifle or handgun makes it an assault weapon. The plaintiffs sought to be able to use "large capacity magazines" in such weapons without penalty. It evolved into a challenge to the 3rd and 4th AWBs (original features-based ban and the updated one also targeting bullet button rifles and pistols) in their entirety, and the penal code sections they want thrown out include most of the provisions underlying the .50 BMG rifle ban, which depending on how the ruling is done, could gut that law as well (but not quite eliminate it, possibly, which would create new legal issues, I'd think). Based on the court documents I've read, it does not seem to ask for the 1st and 2nd AWBs (Roberti-Roos and the AK/AR series bans) to be thrown out, although some people on Calguns, without providing citations, have been claiming that it does. If the plaintiffs succeed, for sure all of the AWB outside of the make and model bans and possibly part of the .50 BMG ban would go away, although I'm sure it would be appealed to the 9th Circuit, and a stay would likely be issued, probably stricter than the one in Duncan v. Becerra. Benitez is also the judge in Rhode v. Becerra, challenging the new ammo laws. |
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Posted: 2/18/2020 4:38:55 PM EDT
[#15]
Quote HistoryQuoted:
What CalGuns is betting on is that with the magazine ban, he invalidated more than what was requested by the plaintiffs after looking into the core arguments of the law. So they are of the mindset that it will happen again, when we have no idea what will happen. I highly doubt we will be able to buy anything, even if he did give us another freedom week, CA DOJ has said you can't claim something after your 10 day wait if it is no longer legal to purchase at the time of pick up. Add in the not challenged 1 in 30 rule and the window for buyers narrows. Not to mention other cool things like AR pistols still have the Roster issue etc. He would need to almost double the length of freedom week for us to buy anything before handing it to the 9th, I just don't see it happening. But converting rifles you own, oh ya, I can see that window as it need be only hours. |
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Posted: 2/21/2020 10:38:57 AM EDT
[#16]
Quote HistoryQuoted:
There is a huge number of rifles owned already, it would be a big deal even if a stay is put in place even days after he rules. Quote HistoryQuoted:
Quoted:
What CalGuns is betting on is that with the magazine ban, he invalidated more than what was requested by the plaintiffs after looking into the core arguments of the law. So they are of the mindset that it will happen again, when we have no idea what will happen. I highly doubt we will be able to buy anything, even if he did give us another freedom week, CA DOJ has said you can't claim something after your 10 day wait if it is no longer legal to purchase at the time of pick up. Add in the not challenged 1 in 30 rule and the window for buyers narrows. Not to mention other cool things like AR pistols still have the Roster issue etc. He would need to almost double the length of freedom week for us to buy anything before handing it to the 9th, I just don't see it happening. But converting rifles you own, oh ya, I can see that window as it need be only hours. |
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Posted: 2/21/2020 12:10:49 PM EDT
[#17]
How many more times are they going to push it back?!
Fucking commie bastards, you just know they're looking for a way to either get rid of him or a way around this. I'm guessing that they know it's unconstitutional and if it goes to the USSC, they'll lose bigley. That would cause huge ripples and other states will jump on it also, so much for high cap bans! |
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Posted: 2/23/2020 12:37:45 PM EDT
[#18]
Quote HistoryQuoted:
How many more times are they going to push it back?! Fucking commie bastards, you just know they're looking for a way to either get rid of him or a way around this. I'm guessing that they know it's unconstitutional and if it goes to the USSC, they'll lose bigley. That would cause huge ripples and other states will jump on it also, so much for high cap bans! |
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Posted: 3/17/2020 4:33:23 AM EDT
[#19]
From an e-mail I just received:
Today, CGF learned that due to the COVID-19 outbreak, a planned hearing in Miller v. Becerra has been delayed. CGF's case against the California "Assault Weapons" ban had been scheduled to be heard March 19th in federal court. According to an order published by Judge Roger T. Benitez of the United States District Court for the Southern District of California: "In keeping with the Covid-19 related recommendations of United States President Donald J. Trump, as well as medical experts as to social distancing, this Court hereby exercises its discretion and vacates the current motion hearing date of March 19, 2020. Notice of a new motion hearing date and time will be given at a later date." |
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Posted: 3/18/2020 11:38:53 AM EDT
[#20]
Quote HistoryQuoted:
From an e-mail I just received: Today, CGF learned that due to the COVID-19 outbreak, a planned hearing in Miller v. Becerra has been delayed. CGF's case against the California "Assault Weapons" ban had been scheduled to be heard March 19th in federal court. According to an order published by Judge Roger T. Benitez of the United States District Court for the Southern District of California: "In keeping with the Covid-19 related recommendations of United States President Donald J. Trump, as well as medical experts as to social distancing, this Court hereby exercises its discretion and vacates the current motion hearing date of March 19, 2020. Notice of a new motion hearing date and time will be given at a later date." |
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Posted: 3/18/2020 3:49:49 PM EDT
[#21]
Just another way for them to delay the issue for as long as they want!
How many confirmed cases of the corona virus are there in CA? 472 cases out of how many millions of people? Yeah, I'm calling B.S. on them and the whole closing everything down. They didn't even panic this bad for SARS or any of the other flu panics in the last decade or so! |
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Posted: 3/23/2020 6:53:18 AM EDT
[#22]
Quote History |
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Posted: 3/23/2020 8:27:49 PM EDT
[#23]
Quote HistoryQuoted: Gotta love Cubans. Shameless self-plug! 
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Posted: 3/28/2020 3:29:24 PM EDT
[#24]
Sounds like everyone needs to work using that old fashioned computer video conference thing...
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Posted: 4/1/2020 6:44:34 PM EDT
[#25]
"Judge Benitez is also scheduled to hear oral arguments in Duncan v Becerra on 4/2 @ 9am (magazine ban). Maybe."
Looks like the mag ban oral arguments are being heard in the Ninth Circuit court of appeals as scheduled. From the "Freedom Week" thread today in GD. Quoted: Oral arguments are tomorrow 4/2/2020. You can watch them here, not sure on exact time yet. https://www.youtube.com/user/9thcirc |
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Posted: 4/1/2020 7:20:25 PM EDT
[#26]
Quote HistoryQuoted: "Judge Benitez is also scheduled to hear oral arguments in Duncan v Becerra on 4/2 @ 9am (magazine ban). Maybe." Looks like the mag ban oral arguments are being heard in the Ninth Circuit court of appeals as scheduled. From the "Freedom Week" thread today in GD. Quoted: Oral arguments are tomorrow 4/2/2020. You can watch them here, not sure on exact time yet. https://www.youtube.com/user/9thcirc |
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Posted: 4/2/2020 3:27:43 AM EDT
[#27]
Betting that they use the kung flu and delay it for another month or more!
We'll see, if anyone has a good link to watch it, please post it here. |
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Posted: 4/2/2020 12:27:29 PM EDT
[#28]
Justice delayed is justice denied.
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Posted: 4/2/2020 12:36:47 PM EDT
[#29]
 Failed To Load Title |
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Posted: 4/2/2020 12:47:24 PM EDT
[#30]
It’s going now via cameras.
The above link works. |
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Posted: 4/2/2020 1:05:47 PM EDT
[#31]
Quote HistoryI only caught the last couple minutes. How did it go? |
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Posted: 4/2/2020 1:21:32 PM EDT
[#32]
Arguments for the ban were nice and weak. Arguments against were solid.
One bit that stuck in my mind after she said it was that the defense could also argue the same for one round limits (citing the defense of ten round limitations) and would not be able to justify it. It got my PP hard. |
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Posted: 4/2/2020 1:35:54 PM EDT
[#33]
The state’s argument was more or less “we don’t like them, we are banning them, and we have no good reason why.” But, that’s my biased interpretation.
The last question from the male judge was directly about self defense. California is a big state. Rural areas lack immediate law enforcement. Ten round magazines limit their ability to self defense. The state argued it didn’t, since they can have as many ten rounders as they want. He didn’t realize that if you are arguing the pause to reload with ten rounders lowers lethality in mass shootings, it also lowers the ability to self defense. (I don’t agree with the “pause” argument, but it pointed out the illogical argument by the state.) |
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Posted: 4/3/2020 12:30:36 PM EDT
[#34]
Quote HistoryQuoted: The state’s argument was more or less “we don’t like them, we are banning them, and we have no good reason why.” But, that’s my biased interpretation. The last question from the male judge was directly about self defense. California is a big state. Rural areas lack immediate law enforcement. Ten round magazines limit their ability to self defense. The state argued it didn’t, since they can have as many ten rounders as they want. He didn’t realize that if you are arguing the pause to reload with ten rounders lowers lethality in mass shootings, it also lowers the ability to self defense. (I don’t agree with the “pause” argument, but it pointed out the illogical argument by the state.) Did I have a stroke or did the state actually bring up the Las Vegas shooting, where he had 100 round mags, as evidence that a mass shooter having to pause to reload saved lives? |
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Posted: 4/3/2020 12:36:04 PM EDT
[#35]
Quote HistoryQuoted: Did I have a stroke or did the state actually bring up the Las Vegas shooting, where he had 100 round mags, as evidence that a mass shooter having to pause to reload saved lives? Probably, but I didn’t catch the first part of his argument. When he got stumped he said one of the reasons law abiding citizens can’t have LCM’s is because they could be stolen and used by criminals for mass shootings. |
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Posted: 4/4/2020 6:22:43 PM EDT
[#36]
Anything moving on this while we are in lockdown? Do I need to prepare to burn my credit card to the ground any time soon?
Edit: I meant from the AWB standpoint, I doubt the state is going to reneg on the mag nonsense anytime soon. Their arguments in the video above are just as absurd as always. |
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Posted: 4/4/2020 7:05:57 PM EDT
[#37]
Quote HistoryQuoted: Anything moving on this while we are in lockdown? Do I need to prepare to burn my credit card to the ground any time soon? Edit: I meant from the AWB standpoint, I doubt the state is going to reneg on the mag nonsense anytime soon. Their arguments in the video above are just as absurd as always. Could you please rephrase this. I'm not sure I understand your points (burn, reneg?). I don't need to watch the video to know the State's arguments in favor of a ban are absurd. So, we already agree on that. |
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Posted: 4/4/2020 8:20:58 PM EDT
[#38]
This is not the time for me to burn up my credit balance. If you wanted or needed something, the salad days are over. Availability is limited - a lot of the good stuff which had been in stock locally has already been sucked up by others who waited for another crisis. Prices have gone up due to scarcity. Dealers/ffls are swamped and may or may not be willing to deal with transfers if it's not "their" sale as well.
My guess might be that things might settle out some depending on how the med situation proceeds, if "essential" means some of the pipelines flow again or at least more? But there is also the election coming up. Don't know that anything is moving any differently on various cases. Cases move at a snail's pace. I'd expect there are legal issue followers (or the various advocacy groups) that have knowledge on specific cases and where they are. This case is important in Ca. The New York case will be informative on a national level. |
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Posted: 4/4/2020 11:49:22 PM EDT
[#39]
I have a good feeling about the LCM case.
And, while I don’t know that it will change things, but the rush to gun stores by people that wouldn’t normally buy weapons and ammo gave them a good look at the absurd gun laws in the state. They found out there is no gun show loophole and it’s not easier to buy a gun then check out a library book. Now it is wait and see time. |
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Posted: 4/6/2020 1:18:28 PM EDT
[#40]
It is wait and see time, and let us hope Trump wins in November cause we need more judges. At least En Banc is not a promise dem majority anymore, though they still have better odds.
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Posted: 4/6/2020 7:17:05 PM EDT
[#41]
Quote HistoryQuoted: Could you please rephrase this. I'm not sure I understand your points (burn, reneg?). I don't need to watch the video to know the State's arguments in favor of a ban are absurd. So, we already agree on that. Reneg means go back on, I doubt that the great state of commiefornia is going to reverse their mag ban nonsense any time soon. Even after freedom week, I figure that their ban will be dragged out and upheld as long as they can unfortunately. What I am more interested in is if we will have another open period to buy off roster handguns or what is normally classified as assault weapons here. I would not want to miss it is all. By burn down my credit card I mean rack up the debt, make absurd purchases etc, in the name of freedom  I bought quite a bit during freedom week however it would pale in comparison to what I would jump on if the roster goes away, even for a little while. |
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Posted: 4/6/2020 8:58:32 PM EDT
[#42]
Quote HistoryQuoted: Reneg means go back on, I doubt that the great state of commiefornia is going to reverse their mag ban nonsense any time soon. Even after freedom week, I figure that their ban will be dragged out and upheld as long as they can unfortunately. What I am more interested in is if we will have another open period to buy off roster handguns or what is normally classified as assault weapons here. I would not want to miss it is all. By burn down my credit card I mean rack up the debt, make absurd purchases etc, in the name of freedom I bought quite a bit during freedom week however it would pale in comparison to what I would jump on if the roster goes away, even for a little while.Thank you for taking the time. I thought that's what you meant but I wasn't sure. If you remember Freedom Week, many retailers would not supply newly-legalized products to Californians. How long would it take for local corporate entities to begin selling off-roster handguns and "assault rifles" were all this BS to be enjoined. It would be even better were it just over ruled but it is unlikely the State would not appeal. I don't think the corporate worrying would stop until the USSC appeal was decided. |
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Posted: 4/7/2020 9:46:55 AM EDT
[#43]
Quote HistoryQuoted: Reneg means go back on, I doubt that the great state of commiefornia is going to reverse their mag ban nonsense any time soon. Even after freedom week, I figure that their ban will be dragged out and upheld as long as they can unfortunately. What I am more interested in is if we will have another open period to buy off roster handguns or what is normally classified as assault weapons here. I would not want to miss it is all. By burn down my credit card I mean rack up the debt, make absurd purchases etc, in the name of freedom I bought quite a bit during freedom week however it would pale in comparison to what I would jump on if the roster goes away, even for a little while.Unfortunately we will still be rather limited, the DOJ's stance is it needs to be legal on the day of pickup and the day of sale. So you would need freedom week to last 10+ days. Not saying I wouldn't blow up my credit card either, just saying be prepared. I definitely have all the parts I will want to convert my rifles on hand, and build some 80's if that becomes a viable option as well. |
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Posted: 8/14/2020 3:03:00 PM EDT
[#44]
Freedom week 2.0 is a go as of today. Some retailers are already onboard, get ready to burn down those credit cards gentlemen, the mag ban strike-down has been upheld by the 9th circuit today!
ETA: notified by Mississippi Auto Arms via email this morning, FPC website confirms, will post links in a minute. ETA 2: Link to NY Times article here with no paywall, I think there is google fuckery afoot as there are virtually no search results on the subject. ETA 3: FPC link here |
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