Other State Federal judge blocks California’s ammo background check law

[Xaevian]

My first drink tonight is to you, @ARFrog and your CA brothers. A small step, but it's a step forward.

 

[DivCurlGrad72]

A good overview of the case:

Preliminary injunction against dysfunctional California ammunition background checks

On April 23, the U.S. District Court for the Southern District of California issued a preliminary injunction against California's background…

reason.com

Interesting:

Lead plaintiff in the case is Kim Rhode, who shoots skeet and trap, is the only U.S. individual athlete to win medals in six consecutive Olympics and the only American to win Olympic medals on five different continents.

99.8% of ammunition check denials were erroneous.

In effect, the California DOJ has inverted the normal system of background checks to turn it into a system of presumptive denial.

 

[ARFrog]

My first drink tonight is to you, @ARFrog and your CA brothers. A small step, but it's a step forward.

Much appreciated....but I think you are going to need a bigger glass!

May our steps and paths cross one day.

 

[ARFrog]

Well it appears the 9th has approved the CA DOJ's request for a stay on Judge Benitez's injunction.

Here is the 9th's stay order:

https://www.courtlistener.com/recap/gov.uscourts.casd.571335/gov.uscourts.casd.571335.66.0.pdf

Here is the CA DOJ's request for stay:

https://dl.airtable.com/.attachments/c82b1640619d28188caea6301755f7ca/e19ca2c1/RhodevBecerraMotiontoStay.pdf

Looks like we in CA are back to ammo checks for now.

Freedom isn't free and the struggle continues...

 

[DivCurlGrad72]

For the last 170 years, California citizens were able to purchase wanted or needed ammunition without background checks.

Defendant-Appellant Xavier Becerra, in his official capacity as the Attorney General of the State of California, hereby moves this Court on an emergency basis for an order staying the district court's preliminary injunction order ...

So fed up with these politicians misusing emergency clauses. Fed up with them ignoring our Constitution.

 

[awshoot]

...
Here is the CA DOJ's request for stay:

https://dl.airtable.com/.attachments/c82b1640619d28188caea6301755f7ca/e19ca2c1/RhodevBecerraMotiontoStay.pdf

...

They expected to lose. A 34 page motion probably mostly pre-written on the tax payer's dime ready to go at the drop of a hat. What a rip -- the citizens pay the salaries of those who undermine the Constitution and have to pay legal expenses to get out from under the taxpayer funded violations.

 

[awshoot]

If Benitez' order had been issued at 4:59 pm on a Friday, would the 9th Circuit have waited until Monday?

 

[DivCurlGrad72]

What a rip -- the citizens pay the salaries of those who undermine the Constitution and have to pay legal expenses to get out from under the taxpayer funded violations.

If just 10% of firearm owners would donate $100/year that'd be $1 billion/year to fight this tyrannical garbage. The pro-rights Madison fund. Easy-peasy. If only.

 

[titsonritz]

If just 10% of firearm owners would donate $100/year that'd be $1 billion/year to fight this tyrannical garbage. The pro-rights Madison fund. Easy-peasy. If only.

If rabbits carried shotguns dogs wouldn't f' with 'em.

 

[ZigZagZeke]

I actually used to live in California ... Can you spell "fool"?

Join the club. What makes you so superior?

 

[tkdguy]

Hopefully those California ammo-hungry people are having a Berlin Airlift of ammo coming their way!

 

[ARFrog]

Hopefully those California ammo-hungry people are having a Berlin Airlift of ammo coming their way!

It appears to be a mixed bag. Some who acted early have gotten actual shipping info, while others just have shipping labels and aren't sure if they will actuality go out. Some ammo companies gave CA orders priority and others appeared to dilly-dally and negated the orders.

This same situation happened last year with the magazine Freedom Week. There were many that were happy their orders were fulfilled/received; whereas, many others were ticked at not getting their orders or at how some companies did not give good service.

Lesson to be learned - these things are always a crap shoot and it is better to order early than late for pricing and delivery purposes.

 

[awshoot]

It appears to be a mixed bag. Some who acted early have gotten actual shipping info, while others just have shipping labels and aren't sure if they will actuality go out. Some ammo companies gave CA orders priority and others appeared to dilly-dally and negated the orders.
...

The most savvy I expect, crossed a state border and stocked up.

For those depending on shipping, I wonder what the status of an order is that shipped before the 9th circuit clamped down, but will arrive afterwards.

 

[tkdguy]

The gun shops to sell ammo in California are closed so the citizens can not buy ammo after the Judge's decision?

 

[The Heretic]

California can check backgrounds of ammunition buyers for now, court rules

The appeals court decision pauses a lower court ruling that overturned the background checks.

www.nbcnews.com

 

[Ura-Ki]

Danger, Will Robinson... and Ura-Ki

What do I have to do with this?

 

[nammac]

California can check backgrounds of ammunition buyers for now, court rules

The appeals court decision pauses a lower court ruling that overturned the background checks.

www.nbcnews.com

Wow, such BS... Punish all to prohibit the few. I got an idea, prosecute and incarcerate criminals and let the rest of us exercise our God given and constitutional rights. Dang leftists... They need to be voted out and removed from power. Period...

 

[ARFrog]

Wow, such BS... Punish all to prohibit the few. I got an idea, prosecute and incarcerate criminals and let the rest of us exercise our God given and constitutional rights. Dang leftists... They need to be voted out and removed from power. Period...

Agreed.


It amazes me to see to see the numbers quoted in Judge Benitez's injunction document, in seven months of background checks:

188 prohibited persons stopped from purchasing ammo

101,047 non prohibited persons (16.4% of total background checks) stopped from purchasing

A great price to pay in time, money and denied rights for such a small return

 

[awshoot]

Agreed.


It amazes me to see to see the numbers quoted in Judge Benitez's injunction document, in seven months of background checks:

188 prohibited persons stopped from purchasing ammo

101,047 non prohibited persons (16.4% of total background checks) stopped from purchasing

A great price to pay in time, money and denied rights for such a small return

And if our rulers were being honest, no prohibited person will be stopped -- they'll simply stop buying in stores and at least paying sales tax and maybe creating purchase records, and move to the black market. Just as CA is reducing black market goods by legalizing pot, it is adding an item to the black market to make sure gangs have a source of revenue. Pretty stupid.

 

[GWS]

Oh well
The 9th stayed the stay