No doubt a challenge will be made and a possible stay however a precedent has been set with a ruling against the infamous handgun roster and all the onerous requirements such as Loaded Chamber Indicator, Micro-Stamping, etc....
Californians have the constitutional right to acquire and use state-of-the-art handguns to protect themselves. They should not be forced to settle for decade-old models of handguns to ensure that they remain safe inside or outside the home. But unfortunately, the UHA’s CLI, MDM, and microstamping requirements do exactly that. Because enforcing those requirements implicates the plain text of the Second Amendment, and the government fails to point to any well-established historical analogues that are consistent with them, those requirements are unconstitutional and their enforcement must be preliminarily enjoined. Accordingly, Plaintiffs’ motion for a preliminary injunction is GRANTED.
More detail...
March 21, 2023, 12:27 PM
sjtill
I was thinking of posting this in the Lounge where it would get more visibility. This is huge...of course the State will appeal, but it should go to SCOTUS eventually. Meantime I'm drooling over a few more handguns I would be able to buy. Note that this will automatically decrease the value of off-roster handguns owned by CA residents.
Edited to add: I just got a senior life membership in CRPA which is one of the plaintiffs in the suit.
_________________________ “Remember, remember the fifth of November!"
March 21, 2023, 02:59 PM
oddball
The roster has not been "struck down" or going away anytime soon, just the microstamping, Loaded Chamber Indicator, and mag disconnect requirements are labeled unconstitutional. The roster, with its other requirements (drop test, function safety, etc) still remains, and there is a 2 week period for the CA DOJ to file an appeal before the preliminary injunction takes place, likely going before the 9th Circuit.
"I’m not going to read Time Magazine, I’m not going to read Newsweek, I’m not going to read any of these magazines; I mean, because they have too much to lose by printing the truth"- Bob Dylan, 1965
March 23, 2023, 10:33 PM
Kskelton
While I enjoy a good win anytime you can get them if we've learned anything this likely means nothing... How long has it been since the Benitez ruled the 10rd mag limit unconstitutional in CA? 4 years? and yet they still have a 10rd magazine limit
So far, for Sig fans Bonta has huffed and puffed, seared down, and produced...a 320 and 365 on the DOJ roster. Logic, rationality, and SCOTUS decision carry no weight.
_________________________ “Remember, remember the fifth of November!"
November 10, 2023, 02:37 PM
corsair
At some point...some time....there's gonna be a lawsuit alleging police departments are using unsafe pistols since LEO are except from the approved pistol roster . This will then put the state into the position of having explain, why police are using unsafe guns, and why they aren't using only those models listed.
November 11, 2023, 02:51 PM
KevH
quote:
Originally posted by corsair: At some point...some time....there's gonna be a lawsuit alleging police departments are using unsafe pistols since LEO are except from the approved pistol roster . This will then put the state into the position of having explain, why police are using unsafe guns, and why they aren't using only those models listed.
They won't. They'll force police departments to choose from The Roster.
Nancy Skinner (cop-hating Berkeley State Senator) just tried this year to remove our exemption from The Roster. She would rather the police not exist, or at least be completely unarmed (she's stated both in the past).
Thankfully the bill stalled out. I'm sure she'll try to reintroduce it next year.
The Roster needs to go away, but it will likely take the US Supreme Court to force the issue and who knows how long that will take.
Proverbs 28:1
December 03, 2023, 06:45 PM
ppd417
The problem is that when Benitez issues his rulings, he stays them for ten days so Bonta has time to appeal, and he always does. So in essence, Benitez' rulings are moot.
