# Stuff and Things > Guns and Self Defense >  US District Court Grants Preliminary Injunction Blocking Californias Ammo backround

## US Conservative

*BREAKING: US District Court Grants Preliminary Injunction Blocking Californias Ammo Background Check Law*A big preliminary win for the California Rifle and Pistol Association in its fight against Californias ludicrous ammunition background check law, the case known as Rhode v. Becerra. US District Court Judge Roger Benitez  the same District Court judge who set off the week-long standard capacity magazine buying spree  has issued an injunction blocking enforcement of the law.
Benitez wrote:



Law-abiding citizens are imbued with the unalienable right to keep and bear firearms along with the ammunition to make their firearms work. That a majority today may wish it were otherwise, does not change the Constitutional right. It never has. California has tried its unprecedented experiment. The casualties suffered by law abiding citizens have been counted.And finally . . .
Defendant Attorney General Xavier Becerra, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him, and those duly sworn state peace officers and federal law enforcement officers who gain knowledge of this injunction order or know of the existence of this injunction order, are enjoined from implementing or enforcing the ammunition sales background check provisions found in California Penal Code §§ 30370(a) through (d) and 30352, and the ammunition anti-importation provisions found in §§ 30312(a) and (b), and 30314(a) as well as the criminal enforcement of California Penal Code §§ 30365, 30312(d) and 30314(c).You can read the full 120-page decision here.


https://www.thetruthaboutguns.com/br...und-check-law/

For the time being, the illegal and unconstitutional background checks for ammo purchases in california, and from out of state have been struck down.

A lot of ammo is already sold out or expensive thanks to the china virus.

BUT its legal for at least the time being.

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Crusader (04-24-2020),Hillofbeans (04-24-2020),jirqoadai (04-24-2020),Lone Gunman (04-23-2020),MedicineBow (04-23-2020),Old Ridge Runner (04-24-2020)

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## MedicineBow

Thanks for posting this.  Glad I checked first.

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Hillofbeans (04-24-2020),Old Ridge Runner (04-24-2020),US Conservative (04-24-2020)

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## Crusader

So just like with the temporary reprieve on the mag capacity ban they got last year, people in Kalifornia will be able to order all the ammo they want. For a little while, then it will return to only through an FFL.

But for the time being it will be a flood, prices will go up and everybody in free America will bare the burden.

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Old Ridge Runner (04-24-2020)

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## US Conservative

> So just like with the temporary reprieve on the mag capacity ban they got last year, people in Kalifornia will be able to order all the ammo they want. For a little while, then it will return to only through an FFL.
> But for the time being it will be a flood, prices will go up and everybody in free America will bare the burden.


Don't know but prices are already up because of this chi-vi.

Over 30 million people in this state have their right restored for now.

Lets hope this sticks because its a win for everyone, even out of state.

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Crusader (04-24-2020),Old Ridge Runner (04-24-2020)

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## Old Ridge Runner

When you have hard core leftist in charge of government, you buy in bulk, that is the only safe way to go.

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MedicineBow (04-24-2020),US Conservative (04-24-2020)

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## Gator Monroe

I'm soooo fucking stocked up , this is sad (Yet good at the same time )

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Old Ridge Runner (04-24-2020)

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## Crusader

> Don't know but prices are already up because of this chi-vi.
> 
> Over 30 million people in this state have their right restored for now.
> 
> Lets hope this sticks because its a win for everyone, even out of state.


I doubt it will last, it is the same as the freedom week mag ruling.

I agree that it is a win but when Kalifornia goes through this type of thing it effects free America negatively, the rest of America is sick and tired of being effected by Kalifornias BS.

Case in point a major ammo retailer just sent out an email saying because of the judges order and the fact it won’t last, orders from Kalifornia will be moved to the front of the line. If you don’t live in Kalifornia and you have a order in how’s that gonna make you feel.

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## Gator Monroe

> I doubt it will last, it is the same as the freedom week mag ruling.
> 
> I agree that it is a win but when Kalifornia goes through this type of thing it effects free America negatively, the rest of America is sick and tired of being effected by Kalifornias BS.
> 
> Case in point a major ammo retailer just sent out an email saying because of the judges order and the fact it won’t last, orders from Kalifornia will be moved to the front of the line. If you don’t live in Kalifornia and you have a order in how’s that gonna make you feel.


You should be willing to let my people arm up , it may only last a week or so (If That)

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## APACHERAT

Quoting the federal judge...

“The experiment has been tried. The casualties have been counted. California’s new ammunition background check law misfires and the Second Amendment rights of California citizens have been gravely injured,” Benitez wrote in his order.



Benitez explains: “The purported state interest to be achieved by these new laws is keeping ammunition out of the hands of prohibited Californians. These new laws are constitutionally defective for several reasons. First, *criminals, tyrants, and terrorists don’t do background checks.* The background check experiment defies common sense while unduly and severely burdening the Second Amendment rights of every responsible, gun-owning citizen desiring to lawfully buy ammunition. 

Second, the implementing regulations systematically prohibit or deter an untold number of law-abiding California citizen-residents from undergoing the required background checks. 

Third, in the seven months since implementation, the standard background check rejected citizen-residents who are not prohibited persons approximately 16.4 % of the time. The purported state interest to be achieved by these new laws is keeping ammunition out of the hands of prohibited Californians. These new laws are constitutionally defective for several reasons. First, criminals, tyrants, and terrorists don’t do background checks. The background check experiment defies common sense while unduly and severely burdening the Second Amendment rights of every responsible, gun-owning citizen desiring to lawfully buy ammunition. Second, the implementing regulations systematically prohibit or deter an untold number of law-abiding California citizen-residents from undergoing the required background checks. Third, in the seven months since implementation, the standard background check rejected citizen-residents who are not prohibited persons approximately 16.4 % of the time. Fourth, the ammunition anti-importation laws directly violate the federal dormant Commerce Clause. Fourth, the ammunition anti-importation laws directly violate the federal dormant Commerce Clause.”

source-> https://californiaglobe.com/section-...s-to-buy-ammo/

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Crusader (04-24-2020),Old Ridge Runner (04-24-2020),US Conservative (04-24-2020)

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## US Conservative

> I'm soooo fucking stocked up , this is sad (Yet good at the same time )


Its pretty high stakes how these rulings go.

Judge Benitez knows the subtle ins and outs of these issues.

California's leftist tyrants are walking a fine line-if they get sloppy not only would such laws be overturned-but with SCOTUS involved they would apply to the rest of the country.

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Old Ridge Runner (04-24-2020)

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## US Conservative

> I doubt it will last, it is the same as the freedom week mag ruling.
> 
> I agree that it is a win but when Kalifornia goes through this type of thing it effects free America negatively, the rest of America is sick and tired of being effected by Kalifornias BS.
> 
> Case in point a major ammo retailer just sent out an email saying because of the judges order and the fact it won’t last, orders from Kalifornia will be moved to the front of the line. *If you don’t live in Kalifornia and you have a order in how’s that gonna make you feel.*


Apologies that the fight against tyranny may inconvenience those people.

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Old Ridge Runner (04-24-2020)

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## Crusader

> Apologies that the fight against tyranny may inconvenience those people.


You are not looking at it objectively, the fight against tyranny that the overwhelming majority of people in Kalifornia elect over and over again. It’s not like a socialist government took kalifornia by force, it was elected by the people and continues to be elected by the people. This mini-break in a little bit of that tyranny will end and then it’s back to the Kalifornia normal and the state will institute even more tyrannical control. Next banning all lead bullets in the state effectively shutting down almost all firearms activities. Then at some point we get another mini-break and again the rest of the country must be put on the back burner so Kalifornia can get theirs for a little bit. The whole process is mind numbingly similar to the current shelter in place phobia, should we be happy with these judges ruling absolutely. But take the blinders off and look at the big picture. Kalifornias mess effects everybody and yeah people are sick of it.

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Old Ridge Runner (04-24-2020)

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## Gator Monroe

> You are not looking at it objectively, the fight against tyranny that the overwhelming majority of people in Kalifornia elect over and over again. It’s not like a socialist government took kalifornia by force, it was elected by the people and continues to be elected by the people. This mini-break in a little bit of that tyranny will end and then it’s back to the Kalifornia normal and the state will institute even more tyrannical control. Next banning all lead bullets in the state effectively shutting down almost all firearms activities. Then at some point we get another mini-break and again the rest of the country must be put on the back burner so Kalifornia can get theirs for a little bit. The whole process is mind numbingly similar to the current shelter in place phobia, should we be happy with these judges ruling absolutely. But take the blinders off and look at the big picture. Kalifornias mess effects everybody and yeah people are sick of it.


Your not sick enough of it to Ditch your Social Liberalism for one election cycle and vote a straight GOP ticket at Local State & National level though ?

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US Conservative (04-24-2020)

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## US Conservative

> You are not looking at it objectively, the fight against tyranny that the overwhelming majority of people in Kalifornia elect over and over again. Its not like a socialist government took kalifornia by force, it was elected by the people and continues to be elected by the people. This mini-break in a little bit of that tyranny will end and then its back to the Kalifornia normal and the state will institute even more tyrannical control. Next banning all lead bullets in the state effectively shutting down almost all firearms activities. Then at some point we get another mini-break and again the rest of the country must be put on the back burner so Kalifornia can get theirs for a little bit. The whole process is mind numbingly similar to the current shelter in place phobia, should we be happy with these judges ruling absolutely. But take the blinders off and look at the big picture. Kalifornias mess effects everybody and yeah people are sick of it.


Im looking at it entirely objectively.

These are the battles that are coming to YOU, in YOUR state soon soon enough.

Look at the restrictions we are seeing in Washington, Colorado, Virginia, etc.

THAT is coming to you.  

But hey, some people are just here to buy ammo (during a panic that came early this election year) and can't be inconvenienced.

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## APACHERAT

Shouldn't law abiding U.S. citizens who unfortunately live in the totalitarian state of California receive some restitution $$$ from the tranically state government for violating their Constitutional right ?

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US Conservative (04-24-2020)

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## US Conservative

> Shouldn't law abiding U.S. citizens who unfortunately live in the totalitarian state of California receive some restitution $$$ from the tranically state government for violating their Constitutional right ?


California is too busy giving stimulus checks to illegals and giving them free healthcare.

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APACHERAT (04-24-2020)

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## Molly Pitcher

*Fed judge tosses Californias ammo background check requirement as unconstitutional misfire against liberty*A federal judge in San Diego has mooted a California law requiring people to undergo background checks before being able to purchase ammunition, the latest legal pushback against authoritarian Democrats and their never-ending quest to dismantle the Second Amendment.


U.S. District Judge Roger Benitez, who was appointed by President George W. Bush, sided with the California Rifle & Pistol Association, which sued to block the law.


The experiment has been tried. The casualties have been counted. Californias new ammunition background check law misfires and the Second Amendment rights of California citizens have been gravely injured, Benitez wrote in a 120-page opinion, The Associated Press reported.


The AP was sure to report that the law in question was a measure approved by voters, but what the news organization doesnt say is that laws that violate our founding document are null and void, whether they are popular or not  because we dont live in a pure democracy.




The laws red tape and state database errors made it impossible for hundreds of thousands of law-abiding Californians to purchase ammunition for sport or self-defense, Chuck Michel, the firearm groups general counsel. The court found that the flimsy reasons offered by the government to justify these constitutional infringements were inadequate.


Though he expects the states anti-gun Democrats to appeal the ruling, Michel nevertheless noted, Californians can sleep a little easier tonight knowing their Constitutional rights were restored and strengthened by this decision.


California isnt the only blue state to penalize gun owners in this manner. It wasnt even the first; New York has the honor. However, as the AP reported, the New York requirement never actually took effect.


Four other blue states  Connecticut, Illinois, Massachusetts and New Jersey  also require people to subject themselves to government approval, via background checks and licensing, to buy both guns and ammunition.


Anti-gun Leftists are  triggered  even more now as the coronavirus pandemic endures because gun sales are skyrocketing. But its not because Americans are looking for trouble; far from it. Theyre increasingly concerned about widespread supply chain disruptions and shortages that could lead to violence, and they want to protect themselves.




For his part, Benitez said the ammo background check requirement is onerous and convoluted and constitutionally defective.


Criminals, tyrants, and terrorists dont do background checks, he wrote. The background check experiment defies common sense while unduly and severely burdening the Second Amendment rights of every responsible, gun-owning citizen desiring to lawfully buy ammunition.


State Democrats claim the law was intended to prevent ammo sales to criminals, but in fact, as Benitez wrote, about 16 percent of the time lawful gun owners were prevented from purchasing ammunition as well.


Whats more, Californias law against criminals possessing guns is routinely flouted and violated; what makes Democrats believe _another law preventing criminals from purchasing ammunition will keep bullets out of their hands?

_


_Its a common fallacy among the Left that the law will prevent armed criminal acts. They dont; they never have, and theyre never going to.

_
_One could argue that, okay, were it not for the law then no one could be arrested for committing armed criminal acts. But thats not true; you can make it illegal to kill someone or rob a store without criminalizing a right that is specifically protected by the Constitution.

_


_So the question becomes: What is Democrats real motive behind stricter gun and ammunition laws? If its not for the prevention of crime, the answer has to be nullifying the Second Amendment.

_
_Because an armed population is much harder to control._



https://www.bizpacreview.com/2020/04...utm_term=EMAIL

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Conservative Libertarian (04-24-2020),Jim Scott (04-24-2020),Rutabaga (04-24-2020)

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## APACHERAT

> California is too busy giving stimulus checks to illegals and giving them free healthcare.


And unemployment benefits too.

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US Conservative (04-24-2020)

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## US Conservative

> And unemployment benefits too.


Paying people more than they would otherwise make, to not work.

What could go wrong?

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## Crusader

> Im looking at it entirely objectively.
> 
> These are the battles that are coming to YOU, in YOUR state soon soon enough.
> 
> Look at the restrictions we are seeing in Washington, Colorado, Virginia, etc.
> 
> THAT is coming to you.  
> 
> But hey, some people are just here to buy ammo (during a panic that came early this election year) and can't be inconvenienced.


This is the thing Kalifornians like to say ‘your next’ while the truth is many states have actually become more and more 2a friendly in the past decade. Misery loves company type of thing, the truth is outside of a handful of like minded states nobody subjects their citizens to socialism like Kalifornia.

Look I wholeheartedly agree with Benitez ruling, it was right and just, but it’s a band aid on a gaping wound that Newscum and his cronies are about to rip open even wider. I just have a hard time getting excited about being able to buy a little bit of ammo for a minute, this will end and it’s back to normal.

By the way it’s not coming to me, it’s here I live in Kalifornia I know this crap inside and out. I have dealt with it and learned to over come it. This ruling is window dressing, that’s what irks me about it, if it was from the Supreme Court then I’d be excited about it but it’s not it’s a rush to stock up before it’s back to normal.

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## APACHERAT

> Paying people more than they would otherwise make, to not work.
> 
> What could go wrong?


Overload the system so it collapses ?
*Cloward-Piven Strategy*
Strategy for forcing political change through orchestrated crisis...-> https://www.discoverthenetworks.org/...-strategy-cps/

Over fifty years what has been learned, when someone is collecting unemployment benefits...they don't start looking for a job until their unemployment benefits have been exhausted.

Add on an additional $600 dollars per week to the unemployment payment the average former worker is being paid more money than when he was employed.

What can go wrong ?

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US Conservative (04-24-2020)

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## US Conservative

> This is the thing Kalifornians like to say ‘your next’ while the truth is many states have actually become more and more 2a friendly in the past decade. Misery loves company type of thing, the truth is outside of a handful of like minded states nobody subjects their citizens to socialism like Kalifornia.
> 
> Look I wholeheartedly agree with Benitez ruling, it was right and just, but it’s a band aid on a gaping wound that Newscum and his cronies are about to rip open even wider. I just have a hard time getting excited about being able to buy a little bit of ammo for a minute, this will end and it’s back to normal.
> 
> By the way it’s not coming to me, it’s here I live in Kalifornia I know this crap inside and out. I have dealt with it and learned to over come it. *This ruling is window dressing, that’s what irks me about it, if it was from the Supreme Court then I’d be excited about it but it’s not it’s a rush to stock up before it’s back to normal.*


Its not just window dressing-the cases and rulings are very specifically set up to go to either the 9th circuit, or even straight to SCOTUS-and that would have ramifications nation wide.

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## Crusader

> Its not just window dressing-the cases and rulings are very specifically set up to go to either the 9th circuit, or even straight to SCOTUS-and that would have ramifications nation wide.


I hope your right, but as long as Kalifornia politics stay as they are there will always be more damage and more ‘wait till this goes to court’ and if the lead ammo ban goes into effect none of it matters. That will effectively shut down shooting in Kalifornia, again it comes down to who we are electing to office in this state and that only seems to be getting worse one step forward two steps back that’s the Kalifornia 2a way.

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## Gator Monroe

> This is the thing Kalifornians like to say your next while the truth is many states have actually become more and more 2a friendly in the past decade. Misery loves company type of thing, the truth is outside of a handful of like minded states nobody subjects their citizens to socialism like Kalifornia.
> 
> Look I wholeheartedly agree with Benitez ruling, it was right and just, but its a band aid on a gaping wound that Newscum and his cronies are about to rip open even wider. I just have a hard time getting excited about being able to buy a little bit of ammo for a minute, this will end and its back to normal.
> 
> By the way its not coming to me, its here I live in Kalifornia I know this crap inside and out. I have dealt with it and learned to over come it. This ruling is window dressing, thats what irks me about it, if it was from the Supreme Court then Id be excited about it but its not its a rush to stock up before its back to normal.


Handful ? ( Connecticut ) (Hawaii)( Oregon ) ( Maryland ) ( Nevada) (New Jersey ) (Colorado)(Massachusetts ) (Washington State)( Delaware) (New York) ( Virginia) (DC)...

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US Conservative (04-24-2020)

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## US Conservative

The motion to stay this decision has been denied-unlike the mag ban.

That means this isn't going away in the immediate future.

The AG may not attempt to fight it-his motion to stay stated that felons will almost certainly get ammo-he's the guy that released a bunch of felons.

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Gator Monroe (04-24-2020)

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## US Conservative

Concerning the remaining two factors, in granting Plaintiffs’ motions for apreliminary injunction, the Court found the background check and anti-importation lawsto severely burden Plaintiffs and all law-abiding citizen-residents of California who wantto acquire ammunition. The Attorney General does not point to any change incircumstances or new evidence to undermine that conclusion. That the laws have been ineffect for 10 months reflects this Court’s patient consideration, not its constitutionalapproval. Any delay was occasioned by judicial optimism that the high erroneous denialrate of early Standard background checks might significantly improve. It did not. Instead,the constitutional impingements on Second Amendment rights that began immediately,will continue if a stay is granted. Thus, the Court cannot find the remaining two factors tipthe scales in favor of a stay. A 16.4% error rate that deprives citizens the enjoyment of anyconstitutional right is offensive and unacceptable.

For the previous reasons, the Nken factors do not weigh in favor of granting a stay,and Defendant’s ex parte motion is DENIED.IT IS SO ORDERED.

https://michellawyers.com/wp-content...tn-to-Stay.pdf

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APACHERAT (04-24-2020)

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## Crusader

Well that was even shorter then I expected. 9th circuit just granted the Kalifornia Attorney Generals stay request until they hear the case. That means things go back to normal(no ammo)immediately, if they are willing to grant a stay late on a Friday it doesnt give me much hope in their hearing of the case.

https://dl.airtable.com/.attachments...tiontoStay.pdf

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## APACHERAT

> Well that was even shorter then I expected. 9th circuit just granted the Kalifornia Attorney Generals stay request until they hear the case. That means things go back to normal(no ammo)immediately, if they are willing to grant a stay late on a Friday it doesn’t give me much hope in their hearing of the case.
> 
> https://dl.airtable.com/.attachments...tiontoStay.pdf


The 9th keeps totalitarianism alive and continues its obstructionism against the Constitution.

*California: 9th Circuit Issues Stay, Reinstating Ammo Restrictions*Late Friday night (9:46pm), the following order came out from the 9th Circuit Court of Appeals, granting a temporary stay on the injunction issued on Thursday, April 24, in the NRA funded case of _Rhode v. Becerra__._ This means that the same restrictions that have been previously in effect regarding ammunition in California are back for the time being, pending further order from the court. 
Timeline:
April 23 – 9th Circuit District Court grants preliminary injunction, suspending ammunition restrictions.
April 24 – Friday morning, California Attorney General (state) seeks stay on the injunction order, requesting a decision by 3pm Friday.
April 24 – Friday afternoon, 9th Circuit District Court denies the state’s motion for stay on the preliminary injunction.
April 24 – Friday afternoon, state files notice of interlocutory appeal
April 24 – Friday evening, the 9th Circuit Court of Appeals grants the state’s emergency motion for a stay, pending further court order. 

*United States Court of Appeals for the Ninth Circuit* *Notice of Docket Activity*
The following transaction was entered on 04/24/2020 at 9:46:59 PM PDT and filed on 04/24/2020
*Case Name:*
Kim Rhode, et al v. Xavier Becerra

*Case Number: * 
20-55437

*Document(s):*
Document(s)


*Docket Text:*
Filed order (MARY H. MURGUIA and MARK J. BENNETT): The court has received appellant’s emergency motion for a stay. The request for an immediate administrative stay is granted. The district court’s April 23, 2020 preliminary injunction order is temporarily stayed pending further court order. The court will address the emergency stay motion by separate order. [11671654] (AF) 

Source from -> NRA-ILA California Alert

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Crusader (04-25-2020)

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## Crusader

Yup that’s exactly why I didn’t put much faith in this, saw it coming a mile away. It’s a common tactic, as long as you give people a slight symbolism of hope you can control them. Then you dash those hopes and the fever builds again, then you throw out another bone and there is hope again. Rinse and repeat, it goes on and on but never ever really changes socialism 101.

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APACHERAT (04-25-2020)

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## Gator Monroe

> Yup that’s exactly why I didn’t put much faith in this, saw it coming a mile away. It’s a common tactic, as long as you give people a slight symbolism of hope you can control them. Then you dash those hopes and the fever builds again, then you throw out another bone and there is hope again. Rinse and repeat, it goes on and on but never ever really changes socialism 101.


Slight symbolism of hope (Some Drugs legalized in some states ?)

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## Crusader

> Slight symbolism of hope (Some Drugs legalized in some states ?)


Yeah not seeing that as a symbolism of hope.

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## Flash

The Supremes have agreed to review a gun rights case out of New York.  The case is pending now.

Rumors are that the reason they wanted to review the case is to establish the level of Scrutiny that has to be applied to the Second Amendment.

The States and Locals and even the Feds have not applied Strict Scrutiny to the right to keep and bear arms.

Hopefully the Court will determine that everybody has to apply Strict Scrutiny to the right and that will put an end to all the oppressive laws like we see in the Commie states like California.

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Crusader (04-26-2020),US Conservative (04-26-2020)

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## fortis

*Federal Court Strikes Down California Law Requiring Ammunition Purchase Background Checks*





> _California’s new ammunition background check law misfires and the Second Amendment rights of California citizens have been gravely injured_


https://legalinsurrection.com/2020/0...ground-checks/

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Conservative Libertarian (04-27-2020)

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