National Pena v. Horan, Supreme Court docket number i18-843.

[RicInOR]

California's ban on all new pistol models: Supreme Court amicus brief

Can a state ban all new handguns? According to a 2-1 panel of the Ninth Circuit, the answer is yes. A pending cert. petition asks the U.S. Supreme Court to consider the question.

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[No_Regerts]

California's ban on all new pistol models: Supreme Court amicus brief

Can a state ban all new handguns? According to a 2-1 panel of the Ninth Circuit, the answer is yes. A pending cert. petition asks the U.S. Supreme Court to consider the question.

Lets see if they have the fortitude to take this up.

 

[Stomper]

The question SHOULD be, "can new handguns ban California?".....

 

[mortar maggot]

The 9th circus is such a joke of a court.

 

[BDA.45]

I swear, If I were an ammo or firearms manufacturer, no selling to states like them. No COPS, no SWAT SPECIAL dudes, NO NOTHING! Let places like that protect themselves. Ammo for the force from outta state? Jack the price up 250%+....F-them!!! You wanna protect your "celebrities", your gonna get taxed for it

 

[WoodsPlinker]

Well they already banned brains from their body politic....

 

[BDA.45]

That's the way California likes to operate right??? So why not show them an extreme amount of prejudice? Makes sense to me.....just sayn.....

 

[Tony617]

New handguns will had by criminals sold on the blackmarket so only the criminals with have guns. They have already neutered the LEO's.

Police Cannot Police in Dysfunctional California - California Globe

 

[WillametteWill]

Good article link Tony. Very factual. And these are just a few of the several issues making arresting and keeping actual criminals and predators locked up.

 

[Connor Murphy]

I swear, If I were an ammo or firearms manufacturer, no selling to states like them. No COPS, no SWAT SPECIAL dudes, NO NOTHING! Let places like that protect themselves. Ammo for the force from outta state? Jack the price up 250%+....F-them!!! You wanna protect your "celebrities", your gonna get taxed for it

Don't be shy, how do you really feel?

 

[Tony617]

Good article link Tony. Very factual. And these are just a few of the several issues making arresting and keeping actual criminals and predators locked up.

That article was sent to me by my brother in-law who lives in California.

 

[arakboss]

The lesson I take from this is we better prevent these types of laws from happening here in Oregon because the courts are unlikely to provide any relief.

 

[coop44]

My argument would be, " when has microstamping actually solved a crime? "

 

[bolus]

9th court is overturned 79% of the time (not even the highest). Imagine if you were wrong on your job 79% of the time

 

[Nocaster]

9th court is overturned 79% of the time (not even the highest). Imagine if you were wrong on your job 79% of the time

Depends on whether I have lifetime tenure

 

[3MTA3]

California's ban on all new pistol models: Supreme Court amicus brief

Can a state ban all new handguns? According to a 2-1 panel of the Ninth Circuit, the answer is yes. A pending cert. petition asks the U.S. Supreme Court to consider the question.

Can a state ban the color aquamarine and force everyone to wear their clothes inside out and walk backwards while wearing swim fins while yelling "'Ello Off'cer!"? The Ninth Circuit would probably decide that the State can tell any of us what to, how to do it, and you damn well better like it, peasant!

IMO the Ninth needs a major overhaul or simply fire them all and send all their cases directly to the SC.

All I can say is that if my job required as much rework as the Ninth Circuit Court I'd have been unemployed years ago.

 

[arakboss]

The 9th circus is such a joke of a court.

You mean a joke like the 4th Circuit: In the 4th Circuit Court of Appeals ruling earlier this year, Judge Robert King wrote "we have no power to extend Second Amendment protections to weapons of war."

Where as the SCOTUS (in US vs Miller) said the 2nd only covered weapons of war: "In the absence of any evidence tending to show that possession or use of a "shotgun having a barrel of less than eighteen inches in length" at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment, or that its use could contribute to the common defense."

Make up your dang minds judges.

 

[bbbass]

SANCTUARY FOR CALIFORNIA GUNS!!!!

 

[Goosebrown]

You mean a joke like the 4th Circuit: In the 4th Circuit Court of Appeals ruling earlier this year, Judge Robert King wrote "we have no power to extend Second Amendment protections to weapons of war."

Where as the SCOTUS (in US vs Miller) said the 2nd only covered weapons of war: "In the absence of any evidence tending to show that possession or use of a "shotgun having a barrel of less than eighteen inches in length" at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment, or that its use could contribute to the common defense."

Make up your dang minds judges.

They did in miller. That if a definition of what weapons are protected

 

[ARFrog]

My argument would be, " when has microstamping actually solved a crime? "

My response would be - when has micro stamping actually been proven to be a viable real world possibility from a technical and manufacturer's standpoint vs. a politician's/AG pronouncement?

I'm not familiar with the quoted case in this thread but there is also another case - Pena v. Did - relating to Handgun Roster that is back in the 9th Circuit. It also has elements of the micro stamping issue. Here is a link from Calguns:

Peña v. Cid (Handgun Roster) **CERT PETITION 12/28/18** - Page 68 - Calguns.net

Note - skip to post #2690 on the last page for a list of current amicus briefs just filed - some of which (?#4?) speak to the problems of the micro stamping issue.

The take away from all this is that there is a lot of litigation out there currently challenging elements of the anti-2A agenda in Hawaii, California, New York, New Jersey and elsewhere. The problem is that new laws are being approved faster than the existing ones can even be adjudicated. When it takes years to go through the system, justice delayed often feels like justice denied.