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Posted: 9/22/2023 9:15:06 PM EST
[#1]
I hope after the eventual SCOTUS win the courts take this umbrella, shove it up Colorado's ass, open it, and give it a jerk for good measure.
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Posted: 9/22/2023 9:17:09 PM EST
[#2]
Quote HistoryQuoted: Yeah sorry, couldn't remember your username to @ you. Thanks The case was granted and remanded back to the 4th based on Nysrpa. The thought is the 4th did not want to be the first to over turn an assault weapon based on nysrpa, or any large ban. So here we are with a very well worded case, that the 4th could quote and use to over turn the MD ban. They can point their fingers saying the supreme court told use to take nysrpa in to account and Benitez did such a good job laying it out, its not our fault. Then again they could slow play it and hope the 9th over turns it. But I also bet even thou Cali has appealed they are getting phone calls to drop it and let it go and take one for the team. But we know newfag in cali CAN NOT take a loss as he is looking at higher office and a smack down is not a good way to start off. To EVERYONE if you have not read this, you really need to. He wrote it as well as thomas wrote nysrpa. He covered all the bases and did it on more than just mags. Here is where he was really smart, he can look at what cali uses to appeal this, and work it in to the miller v bonta |
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Posted: 9/22/2023 9:25:11 PM EST
[#3]
Quote HistoryQuoted:
am I remembering that correctly? |
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Posted: 9/22/2023 9:25:51 PM EST
[#4]
Now do New Jersey!
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Posted: 9/22/2023 9:28:28 PM EST
[#5]
Quote HistoryQuoted: Not yet, amigos. State commies requested a temporary stay so they could appeal. That's the third time California has been told by the courts what they are doing is wrong. Just ignore their silly bullshit and flood the state with standard mags. |
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Posted: 9/22/2023 9:34:45 PM EST
[#6]
Quote HistoryIgnoring the fact that this is a great decision, stuff like this is just as cringe as this candle some covidiot made of Fauci. 
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Posted: 9/22/2023 9:39:18 PM EST
[#7]
Quote HistoryQuoted: Reading it, Miller got a shout-out. Arms suitable for militia use are protected... You read it wrong then. He said Miller was right WRT the SBS and nothing in there is gonna overturn the NFA (actually Heller said that and he concurred). |
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Posted: 9/22/2023 9:46:06 PM EST
[#8]
Quote HistoryQuoted: I haven't read it and don't have time right now |
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Posted: 9/22/2023 9:48:11 PM EST
[#9]
Quote HistoryQuoted: We have the Oregon Measure 114 state trial going on right now. Hopefully, this will assist Judge Raschio in making his decision. My exact thought. Both cases will end up being appealed. Hopefully the Ninth makes one of their rare sensible decisions. |
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Posted: 9/22/2023 9:54:22 PM EST
[#10]
Quote HistoryQuoted: You are in the 9th, and CA will appeal this case to the 9th, to stall if nothing else. Last time a 3 judge panel upheld the ruling striking down the ban, but the full court reversed it. It was then appealed to the Supremes and was waiting for Bruin, then sent back down after Bruin. The 9th should have reversed their decision, but they sent it back to the district court to stall. Yep |
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Posted: 9/22/2023 9:55:49 PM EST
[#11]
Quote HistoryQuoted: Can the 9th extend the stay indefinitely? Quote HistoryQuoted: Quoted: Quoted: Quoted: Quoted: And there it is. The 9th will slow walk the appeal and delay until the composition of the Supreme Court has changed in the liberals favor. No, SCOTUS has been very clear that they will jump into these cases if they try to pull that shit. The whole "we will compel you to act legally and expeditiously" has been used already in other circuits and given this case was GVR'd just recently after already being upheld on appeal, they don't have much leeway in saying things like plaintiffs dont have a good chance of winning on the merits or using anything other than strict scrutiny to weigh the case. Bruen was written to deal with that shit and this is the end game of that. What happens after the 10 day stay? We wait forever for the 9th to move forward on the appeal The ban will stay in effect until all appeals are exhausted |
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Posted: 9/22/2023 9:59:18 PM EST
[#12]
Quote HistoryQuoted: The case was granted and remanded back to the 4th based on Nysrpa. The thought is the 4th did not want to be the first to over turn an assault weapon based on nysrpa, or any large ban. So here we are with a very well worded case, that the 4th could quote and use to over turn the MD ban. They can point their fingers saying the supreme court told use to take nysrpa in to account and Benitez did such a good job laying it out, its not our fault. Then again they could slow play it and hope the 9th over turns it. But I also bet even thou Cali has appealed they are getting phone calls to drop it and let it go and take one for the team. But we know newfag in cali CAN NOT take a loss as he is looking at higher office and a smack down is not a good way to start off. To EVERYONE if you have not read this, you really need to. He wrote it as well as thomas wrote nysrpa. He covered all the bases and did it on more than just mags. Here is where he was really smart, he can look at what cali uses to appeal this, and work it in to the miller v bonta Quote HistoryQuoted: Quoted: Yeah sorry, couldn't remember your username to @ you. Thanks The case was granted and remanded back to the 4th based on Nysrpa. The thought is the 4th did not want to be the first to over turn an assault weapon based on nysrpa, or any large ban. So here we are with a very well worded case, that the 4th could quote and use to over turn the MD ban. They can point their fingers saying the supreme court told use to take nysrpa in to account and Benitez did such a good job laying it out, its not our fault. Then again they could slow play it and hope the 9th over turns it. But I also bet even thou Cali has appealed they are getting phone calls to drop it and let it go and take one for the team. But we know newfag in cali CAN NOT take a loss as he is looking at higher office and a smack down is not a good way to start off. To EVERYONE if you have not read this, you really need to. He wrote it as well as thomas wrote nysrpa. He covered all the bases and did it on more than just mags. Here is where he was really smart, he can look at what cali uses to appeal this, and work it in to the miller v bonta The YouTube generation doesn’t read. They wait for Mark4pizzaboxes or unarmed long winded scholar to tell them what to think |
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Posted: 9/22/2023 10:03:03 PM EST
[#13]
I'll hold off on the champagne. This all has a long way to go. If it gets there at all.
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Posted: 9/22/2023 10:12:13 PM EST
[#14]
Quote HistoryQuoted: Ignoring the fact that this is a great decision, stuff like this is just as cringe as this candle some covidiot made of Fauci. https://i.etsystatic.com/26094287/r/il/05843a/2661758846/il_794xN.2661758846_iyd4.jpg It's called humor. Try it sometime. You might like it. |
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Posted: 9/22/2023 10:18:29 PM EST
[#15]
Quote HistoryQuoted: Ignoring the fact that this is a great decision, stuff like this is just as cringe as this candle some covidiot made of Fauci. https://i.etsystatic.com/26094287/r/il/05843a/2661758846/il_794xN.2661758846_iyd4.jpg Celebrity Prayer Candles are a thing.  But yeah, he is far from a saint. |
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Posted: 9/22/2023 10:38:47 PM EST
[#16]
Quote HistoryQuoted: The ban will stay in effect until all appeals are exhausted Quote HistoryQuoted: Quoted: Quoted: Quoted: Quoted: Quoted: And there it is. The 9th will slow walk the appeal and delay until the composition of the Supreme Court has changed in the liberals favor. No, SCOTUS has been very clear that they will jump into these cases if they try to pull that shit. The whole "we will compel you to act legally and expeditiously" has been used already in other circuits and given this case was GVR'd just recently after already being upheld on appeal, they don't have much leeway in saying things like plaintiffs dont have a good chance of winning on the merits or using anything other than strict scrutiny to weigh the case. Bruen was written to deal with that shit and this is the end game of that. What happens after the 10 day stay? We wait forever for the 9th to move forward on the appeal The ban will stay in effect until all appeals are exhausted Will the 9th pick it up and action the stay within 10 days or is there likely to be a freedom period between when the stay ends and the 9th does something different? |
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Posted: 9/23/2023 5:55:09 AM EST
[#17]
Quote HistoryQuoted: The case was granted and remanded back to the 4th based on Nysrpa. The thought is the 4th did not want to be the first to over turn an assault weapon based on nysrpa, or any large ban. So here we are with a very well worded case, that the 4th could quote and use to over turn the MD ban. They can point their fingers saying the supreme court told use to take nysrpa in to account and Benitez did such a good job laying it out, its not our fault. Then again they could slow play it and hope the 9th over turns it. But I also bet even thou Cali has appealed they are getting phone calls to drop it and let it go and take one for the team. But we know newfag in cali CAN NOT take a loss as he is looking at higher office and a smack down is not a good way to start off. To EVERYONE if you have not read this, you really need to. He wrote it as well as thomas wrote nysrpa. He covered all the bases and did it on more than just mags. Here is where he was really smart, he can look at what cali uses to appeal this, and work it in to the miller v bonta Yes, people really should take the time to read the 71 page opinion. He does a great job dismantling the state's arguments. No doubt large portions will be similarly used if/when he strikes down the Cali AWB. Wouldn't be surprised to see that one drop soon or even next week. |
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Posted: 9/23/2023 6:37:57 AM EST
[#18]
Quote HistoryQuoted: Now do New Jersey! and MA, and NY, and VT, and DE, and MD, and OR, and WA This idea that something can be federally unconstitutional by a federal court in one group of states and still illegal in others is corrupt as fuck |
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Posted: 9/23/2023 6:50:01 AM EST
[#19]
Quote HistoryQuoted: 307000 posts and you don't have time? Quote HistoryQuoted: Quoted: I haven't read it and don't have time right now 
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Posted: 9/23/2023 6:54:36 AM EST
[#20]
If the 9th does the right thing on this, hope the gun stores are stocking up, it will be payday weekend to boot...
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Posted: 9/23/2023 6:58:35 AM EST
[#21]
Quote HistoryQuoted: and MA, and NY, and VT, and DE, and MD, and OR, and WA Everyone always leaves out CT.
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Posted: 9/23/2023 7:02:44 AM EST
[#22]
Quote HistoryQuoted: Everyone always leaves out CT. Quote HistoryQuoted: Quoted: and MA, and NY, and VT, and DE, and MD, and OR, and WA Everyone always leaves out CT. It is kinda Eastern NY no?
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Posted: 9/23/2023 7:05:33 AM EST
[#23]
Quote HistoryQuoted: Well, newscum did have a video out that asked all ex Californians to come back to freedom. 
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Posted: 9/23/2023 7:10:31 AM EST
[#24]
Quote HistoryQuoted: Gavin's not happy lol!
FUCK gavin newsom |
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Posted: 9/23/2023 7:13:14 AM EST
[#25]
Quote HistoryPatriots poetry. 
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Posted: 9/23/2023 7:15:18 AM EST
[#26]
What do you think would happen if we made laws that put criminals into jails?
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Posted: 9/23/2023 7:17:31 AM EST
[#27]
Quote HistoryQuoted: Yes, people really should take the time to read the 71 page opinion. He does a great job dismantling the state's arguments. No doubt large portions will be similarly used if/when he strikes down the Cali AWB. Wouldn't be surprised to see that one drop soon or even next week. Read the whole thing. He did a great job. |
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Posted: 9/23/2023 7:37:03 AM EST
[#28]
Benitez usually releases decisions on the Friday before holiday weekends. He released this one on the California AGs birthday, lol!
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Posted: 9/23/2023 7:40:21 AM EST
[#29]
Quote HistoryQuoted: You read it wrong then. He said Miller was right WRT the SBS and nothing in there is gonna overturn the NFA (actually Heller said that and he concurred). Quote HistoryQuoted: Quoted: Reading it, Miller got a shout-out. Arms suitable for militia use are protected... You read it wrong then. He said Miller was right WRT the SBS and nothing in there is gonna overturn the NFA (actually Heller said that and he concurred). I read it again, and I suggest you and everyone else does. He said that an arm suitable for militia use would be protected and that the Miller case was correct in a restriction on an arm not suitable for militia use. The arm in question in the case was an SBS, but the standard was suitability for use by the militia. Frankly, I don't think that any SBS should be restricted by a plain reading of 2A. I do have reservations about the suitability for militia use of a sawed off double barrel when there are better options available. |
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Posted: 9/23/2023 7:46:32 AM EST
[#30]
Quote HistoryQuoted: Remember, Duncan was remanded from the SCOTUS in light of Bruen and 9th Circuit has begrudgingly accepted that they have to follow Bruen as well else face the wrath of SCOTUS. Duncan has won once and it will win again while the appeals court is on notice that if they purposely disregard higher decisions, its not going to go well for them. Problem is, what does this mean? Angry worded memo? Nothing punitive happens to the courts nor judges. |
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Posted: 9/23/2023 8:06:57 AM EST
[#31]
Quote HistoryQuoted: Gavin's not happy lol!
This sounds like an insurrectionist attack on our Judiciary. |
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Posted: 9/23/2023 8:11:06 AM EST
[#32]
Be sure to donate to CRPA to fund the challenge all the way to the Supreme Court, if necessary. It’s not over yet.
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Posted: 9/23/2023 8:21:57 AM EST
[#33]
Quote HistoryQuoted: and MA, and NY, and VT, and DE, and MD, and OR, and WA This idea that something can be federally unconstitutional by a federal court in one group of states and still illegal in others is corrupt as fuck I always said my rights shouldn't vary from State to State. |
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Posted: 9/23/2023 8:22:55 AM EST
[#34]
Quote HistoryQuoted: Benitez usually releases decisions on the Friday before holiday weekends. He released this one on the California AGs birthday, lol! Nice, lol... |
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Posted: 9/23/2023 8:24:23 AM EST
[#35]
Quote HistoryQuoted: i'm sure it would come back to bite constitutionalists in the ass, but I wish SCOTUS had some sort of enforcement mechanism on lower court judges, like removal, monetary penalties, loss of pension. If they try to piss on SCOTUS's back and tell them it's raining. Quote HistoryQuoted: Quoted: Remember, Duncan was remanded from the SCOTUS in light of Bruen and 9th Circuit has begrudgingly accepted that they have to follow Bruen as well else face the wrath of SCOTUS. Duncan has won once and it will win again while the appeals court is on notice that if they purposely disregard higher decisions, its not going to go well for them. i'm sure it would come back to bite constitutionalists in the ass, but I wish SCOTUS had some sort of enforcement mechanism on lower court judges, like removal, monetary penalties, loss of pension. If they try to piss on SCOTUS's back and tell them it's raining. I don't, because the circumstances can easily be flipped and SCOTUS is not the sole arbiter of what is or is not constitutional and can be in error or worse. If a lower court judge did not abide by a ruling from, say, the progressive Warren Court, who basically tossed the law out of the window, should the progressive court been allowed to punish and remove him and other dissenters from their bullshit? |
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Posted: 9/23/2023 8:31:31 AM EST
[#36]
President of California Rifle & Pistol Association explains it all here
 Judge Benitez finally drops Duncan v. Bonta Decision |
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Posted: 9/23/2023 8:44:32 AM EST
[#37]
Quote HistoryQuoted: Benitez usually releases decisions on the Friday before holiday weekends. He released this one on the California AGs birthday, lol! That's awesome. 
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Posted: 9/23/2023 9:04:10 AM EST
[#38]
Benitez should have added something to the effect of, the state of CA has admitted that it's laws are unconstitutional by their proposal of the 28th amendment.
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Posted: 9/23/2023 9:12:46 AM EST
[#39]
Quote HistoryQuoted: It is kinda Eastern NY no? Quote HistoryQuoted: Quoted: Quoted: and MA, and NY, and VT, and DE, and MD, and OR, and WA Everyone always leaves out CT. It is kinda Eastern NY no? Might as well be. |
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Posted: 9/23/2023 9:55:46 AM EST
[#40]
As Justice Alito proclaimed in his fiery lone dissent:
[T]he majority’s understanding of the “executive Power” seems to be that a President can disobey statutory commands unless Congress, by flexing its muscles, forces capitulation. That is not the Constitution’s conception ... . [It] instead, requires a President to “take Care that the Laws be faithfully executed.” |
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Posted: 9/23/2023 9:57:54 AM EST
[#41]
Quote HistoryQuoted: That's WHY he doesn't have time. Lawyers don't have time to read rulings. Priorites, man. A penguin has to keep his priorities straight. |
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Posted: 9/23/2023 9:59:00 AM EST
[#42]
Quote HistoryQuoted: I don't think I've read a 70 page decision since law school without charging someone Bill brownells |
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Posted: 9/23/2023 10:35:41 AM EST
[#43]
Quote HistoryQuoted: I don't think I've read a 70 page decision since law school without charging someone There seems to be some misunderstanding here about where our membership fees are going. 
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Posted: 9/23/2023 11:27:08 AM EST
[#44]
Quote HistoryQuoted: There seems to be some misunderstanding here about where our membership fees are going. Quote HistoryQuoted: Quoted: I don't think I've read a 70 page decision since law school without charging someone There seems to be some misunderstanding here about where our membership fees are going. |
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Posted: 9/23/2023 11:58:26 AM EST
[#45]
Quote HistoryQuoted: Gavin's not happy lol!
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Posted: 9/23/2023 12:04:26 PM EST
[#46]
Quote HistoryQuoted: If so he should be releasing all three decisions in a short timespan. Quote HistoryQuoted: Quoted: I thought I had read somewhere that there is a 3-judge panel assigned for all incoming appeals for a month such as Sept, and then a new 3-judge panel is assigned for all Oct appeals. so, the thought was that Benitez could time his ruling so that the appeal could be assigned to a "good" panel. not sure if that is true, and if so, do we know who the 3-judge panel for Sept is ? If so he should be releasing all three decisions in a short timespan. one would hope. my concern is that if he waits too much more for the other cases, than CA could wait a week and then appeal in Oct for a better panel. |
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Posted: 9/23/2023 12:05:51 PM EST
[#47]
Quote HistoryQuoted: It's time to throw that little fuck out https://i.kym-cdn.com/photos/images/newsfeed/000/048/668/stormtrooper-hump.gif?1318992465 Quote HistoryQuoted: Quoted: Gavin's not happy lol!
https://i.kym-cdn.com/photos/images/newsfeed/000/048/668/stormtrooper-hump.gif?1318992465  Attached File |
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Posted: 9/23/2023 12:35:24 PM EST
[#48]
Gavin Newsom:
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Posted: 9/23/2023 1:05:30 PM EST
[#49]
 Judge Benitez Strikes Down Magazine Bans!!! |
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Posted: 9/23/2023 1:06:18 PM EST
[#50]
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