Subdeacon Joe Posted February 1 Share Posted February 1 This time Judge Benitez did not automatically stay his decision, and denied the almost immediate appeal by the State. https://crpa.org/news/blogs/breaking-huge-win-in-rhode-v-bonta/ So, until Bonta and Newsom can get a court to issue a stay on the decision by Benitez citizens of California are able to buy ammo without a background check, firearms card, or other BS, and can buy online again without having to go through an FFL. 3 Quote Link to comment
John Kloehr Posted February 1 Share Posted February 1 Quote Plaintiffs claim the ammunition background check laws are invalid for three main reasons. First, the ammunition background check scheme violates the Second Amendment to the U.S. Constitution. Second, the anti-importation aspect of the ammunition laws violates the Article 1, § 8, clause 3 of the Constitution, known as the dormant Commerce Clause. Third, the anti-importation provision for individuals is preempted by 18 U.S.C. § 926A. This Court agrees. This from: https://crpa.org/wp-content/uploads/2024/01/24.01.31-Rhode-Decision.pdf Denial of stay: https://www.courtlistener.com/docket/6378064/109/rhode-v-becerra/ Notice of appeal: https://www.courtlistener.com/docket/6378064/110/rhode-v-becerra/ And from: https://www.courtlistener.com/docket/6378064/rhode-v-becerra/ Quote USCA Time Schedule Order as to 108 Notice of Appeal to 9th Circuit,. (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court, provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 3/1/2024 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 4/1/2024.) (cc: Court Reporter). (dim) (Entered: 02/01/2024) I'm sure the state will move for a stay from the 9th soon, and if approved or not the next action will be no sooner than April. 2 Quote Link to comment
Subdeacon Joe Posted February 6 Author Share Posted February 6 Of course, the 9th Circuit strikes again. https://crpa.org/news/blogs/breaking-ninth-circuit-stays-ruling-in-rhode-v-bonta/ 4 Quote Link to comment
John Kloehr Posted February 6 Share Posted February 6 Good to see a dissent on it. 1 Quote Link to comment
Subdeacon Joe Posted February 6 Author Share Posted February 6 This needs to be fast tracked to the SCOTUS. ALL our anti-civil rights laws should be fast tracked to the SCOTUS for emergency action. Hells bells! The SCOTUS should enjoin the CA Legislature for failure to follow the Constitution and the Court. 1 4 Quote Link to comment
Blackwater 53393 Posted February 6 Share Posted February 6 SCOTUS should hold the California legislature, the entire California judicial system, and the governor of the state in contempt!! 2 2 Quote Link to comment
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