Another at least temporary win for Ca gun rights

[paherne]

No offense, that is not the point. Such orders are very well written in many states but then stayed as an appeal goes to a circuit. Usually, the Circuit stays the order, giving at least a year's delay. I've read that CA is already in court to appeal this one. In NYS, we had some great lower court judgements that ended up in the 2nd Circuit. After a long delay (stretched it out as long as they could), surprisingly, they found against the opt in business ban, keeping some sensitive locales, and finding against a few of the permit requirements. However, that wasn't the real case, just the TRO and the process starts again.

My point is that these cases take years of up and down and a lower court decision, however well written, isn't conclusive. Only Scotus is conclusive (for the moment depending on the justices at the time) and they are not motivated to protect our rights with any speed. All kinds of procedural reasons for that which are on my cloud to yell at.

I understand your frustration, but this is a win. I know CA has appealed the stay. I also know that the 9th Circuit has been caught playing reindeer games with other gun rights/2A cases, specifically by judges on the 9th circuit calling out their colleagues in a very public and messy way. The 9th is not used to having their dirty laundry aired, both by jurists AND a number of YouTube Channels by legal scholars pointing out their perfidy. Sunshine is the best disinfectant and the 9th is used to doing what they want without much blowback. That ship has sailed and SCOTUS kicking back a number of cases, plus Judge Carney, not just Judge Benitez, putting forth these masterful rulings/orders along with the recent rulings about Hawaii's knife laws and 2A issues are a rising tide that the die-hard anti-gun jurists will have a much harder time resisting.

We are winning. Even though the yoke of injustice still hangs heavy upon normal Californians, the end is in sight.

[Glenn E. Meyer]

I would be happy if Scotus would take emergency appeals to let the original positive orders stay in place rather than allowing the Circuits to stay the lower court decisions. I see it as:

1. Lower Court Good - gives the rights back
2. Circuit stays that lower court decision, until it decides
3. Emergency appeal of the Circuit to Scotus
4. Scotus doesn't take or grant the emergency appeal, let's the Circuit stall, stall.
5. Why? Scotus could let the Circuit take all the time it wants to decide the case BUT allow the previously existing rights to continue.

Why not restore the right and let the Circuit blather about why it should be restricted, instead of allowing the rights to be infringed? But what to I know, I know as much about the intricacy of law as I know about yachting.

I hope folks are correct that the build up of lower court decisions lead to a greater overall one.

[luckyman]

Welp, a three judge panel at the 9th Circuit made up of:

Judge Rawlinson (nominated by Bill Clinton)
Judge Baybee (nominated by George Bush)
Judge Hurwitz (nominated by Barack Obama)

Has granted the State their motion to stay Judge Carney’s preliminary injunction.

The incredibly brief missive that these three jurists allowed to be published and promulgated offers absolutely no guidance on their reasoning. Just a general deference to the State. They do mention tangentially that this should have no effect on the motions deadlines or the decision of the panel that will be hearing the interlocutory appeal to the preliminary injunction.

Copied verbatim from an email from Steven Lieberman of Artemis Defense Institute, send them some love if you get a chance.

https://artemishq.com/

[0ddl0t]

sadly all too common in the 9th

[Glenn E. Meyer]

Another WOO WOO - WE WIN day in the Circuits.

To Hock mir nisht kein tshainik or yell at my cloud. If Scotus had:

1. Not remanded but decided, hopefully pro
2. Supported the various TROs from NYS and elsewhere on carry and AWBs

we wouldn't be seeing these as the line in the sand would have been drawn. Said this a hundred times. Procedural nonsense, trying to get the Circuits to do their jobs or spank them - all BS - when it comes to protecting a basic civil right. The causality behind the slow walk or sail may indicate the votes don't exist for clear action.

[luckyman]

The stay got lifted; the injunction is back in effect!!

[Savage Hands]

The stay got lifted; the injunction is back in effect!!

I will take it!

[Glenn E. Meyer]

Maybe there is hope, one hopes!

[fly out]

Maybe there is hope, one hopes!

Glenn, you better change your password...obviously, someone hacked your account!

[Glenn E. Meyer]

Haha!