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A federal judge in California overturned the state’s three-decade-old ban on assault weapons ban... This is no drill! Judge Benitez, the same person who overturned the magazine capacity ban, has just ruled again!* Suspension of a Permanent Injunction State enforcement for 30 days, to allow the Defendant State of California to appeal the Court's decision to the 9th Circuit Court of Appeals. Maybe a round of beer, but keep the Champagne chilled likely for some time!


Small steps!
John
 

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Will never live in CA. But glad to see this. Hope their appeal flops.
 
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Will never live in CA. But glad to see this. Hope their appeal flops.
It will eventually end up in the SC - so expect a decision 4 or 5 years in the future. And said decision could be affected one way of the other if the SC has additional members like the dems want.
 

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May be.............but for right now I'm just ecstatic that some common sense still exists out there. This means the AR that I never owned nor presently possess would be legal..........just as it should be in the first place.
 

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I like that the "leaders" in California state that these weapons are used in most crimes/murders/etc. That's such a lie.
 

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Well, we're doing our best to oust Newsom a.s.a.p. Looks like it will be placed on an upcoming ballot, and hopefully send a signal to libs throughout the state...........you CAN lose your job!
 

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Well, we're doing our best to oust Newsom a.s.a.p. Looks like it will be placed on an upcoming ballot, and hopefully send a signal to libs throughout the state...........you CAN lose your job!
Keep up the pressure and don't loose hope.

I've never understood the individuals who say things like 'why don't you just move to a free state', etc. It's the American way to stand and fight for what we believe in. As someone who lives in an area that isn't exactly 2A friendly, I do what I can to help change public perception and push for change on issues I don't agree with. Yes, it's frustrating and overwhelming most of the time but its because of people like Otis McDonald who stayed and fought that we were able to remove some of these nonsensical laws and move forward in positive direction.

What happened to 'THESE COLORS DON'T RUN!' ?

Glad to hear some good news for a change
Sorry to rant, this has been on my mind for a bit.
 

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It's too bad that the appeal with be to the most liberal 11 circuit court of appeals. Where they will just set the motion aside and dismiss it. Everything will stay the same and the ban will remain in place. Now if the case is then appealed to the US Supreme court it will take awhile for them to put it on the agenda IF the court decides to here it as they can always just pass on it. I hate to say it but I don't think it will be heard in the Supreme court.
 

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My fingers are crossed the SCOTUS will spank the state of NY in October.
Me too, but I'm not holding my breath. As far as I understand the certiorari was granted for a very narrow question - and the best case scenario is that they rule that handgun licenses cannot be restricted. I really doubt they will deem handgun licensing itself unconstitutional - so really little change in practice for the majority of people. Getting (and renewing!) these licenses in a major pain in the ass. Not to mention that C&R handguns are not in practice C&R here.

If SCOTUS was really serious about 2A, they should have taken up the question of the SAFE act constitutionality. Would be an easy case as the act is so poorly put together....
 

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I like that the "leaders" in California state that these weapons are used in most crimes/murders/etc. That's such a lie.
Lies are the currency of politicians.
 

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Getting (and renewing!) these licenses in a major pain in the ass. Not to mention that C&R handguns are not in practice C&R here.
Oh yeah. Politicians who in theory take an oath to uphold the Constitution but instead work at their own rules can definitely screw things up. The American Voter can no longer afford to be lazy and just assume that whoever gets elected will be executing the lawful duties of that office.

Good Example is the State of Florida's Agriculture and Licensing Commissioner. She is one of the few Democrats in the Florida State Government, Anti-Gun, and prides herself on being progressive.

So far her agency has slow walked CCL licenses and is now being sued.

Florida's Fried Faces Lawsuit Over Carry Permits

As we have seen so often in recent politics, the law and following the law are not the same thing. It needs to end and is nothing but corruption when elected officials disregard the law. Unfortunately it undermines trust in the entire system and that is exactly what these Neo-Communist Progressives want to do.
 

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Back to the decision, did the judge in his opinion really write that the covid vaccine kills more people than die in mass shootings? If so, not exactly emblematic of a legal mind firing on all cylinders. Could make for trouble on appeal if he half-assed his writing.
 

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Back to the decision, did the judge in his opinion really write that the covid vaccine kills more people than die in mass shootings? If so, not exactly emblematic of a legal mind firing on all cylinders. Could make for trouble on appeal if he half-assed his writing.
Factually no he did not but you can bet the Neo-Communist will lie and say he did.
 

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Factually no he did not but you can bet the Neo-Communist will lie and say he did.
Alas he did! So the Neo-Communists are telling the truth!


Page 47 of 94, lines 15-18.

"More people have died from the Covid-19 vaccine than mass shootings in California. Even if a mass shooting by assault rifle is a real harm, the evidence also shows that AWCA’s prohibited features ban has not alleviated the harm in any material way. "

My point being, if a straightforward application of the law would be sufficient to overturn the ban, then arguing from nuttery like the above quote amounts to subtraction by addition. If the reasoning is flawed, then the conclusion may be too, so goes the argument.
 

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My point being, if a straightforward application of the law would be sufficient to overturn the ban,
I do not think there is much room for appeal based upon the premise of "nuttery" or flawwed reasoning.


More people have died from the Covid-19 vaccine than mass shootings in California.

Factually, there have been only 242 deaths in Mass Shootings in CALIFORNIA since the databased was formed.


California leads the United States in Mass Shootings:

3840221



According to the only organization keeping data on Vaccines deaths:

3840222



5165 people have died in reportable events after receiving the COVID 19 Vaccination.

That is not "conspiratory" evidence against the Vaccine. It simply shows the reality of the "threat" of mass shooters.

I hardly doubt an appeal will be granted simply by the facts being noted. What will happen is Neo-Communist will seek to evoke emotional responses with accusations of "nutter", "anti-vaxer", "think of the children", and whatever emotion based propaganda they can come up with justify disarming the citizenry.

Alas he did! So the Neo-Communists are telling the truth!
And you are correct from what I see in the brief in that he factually made the statement.

What is not correct is the interpretation of that same set of facts by the NEO-Communist attempting to turn the judge into some sort of "nutter".
 
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