Duncan Finally!!!
09/27/2023
We finally got a decision. We have been waiting for months… well, really years… for Judge Roger T. Benitez to release his opinion
Boland v Bonta
- By Steven Lieberman
- March 20, 2023
- 1:21 pm
- CA DOJ, Freedom & Liberty, Law Office of Lieberman & Taormina, Laws and Policy, Legal
MAJOR NEWS!!!
Injunction issued regarding CA Roster!!!
I was in Federal Court today making an appearance on an unrelated matter when my phone began to blow up….in a really really good way!
The California Rifle and Pistol Association, (CRPA) in conjunction with the law firm of Michele and Associates had filed a lawsuit challenging the CA Handgun Roster. The legal theory behind this case goes back to the Constitutional test developed in NYSRPA v Bruen.
The case at bar here is called Boland v Bonta. The case was filed with Judge Carmac Carney in US District Court and the plaintiffs (us) had asked for the roster to be enjoined while the case was being litigated. To a large extent that is what just happened today.
The roster still exists…the drop test specifically was not enjoined…but the requirement that there be a loaded chamber indicator, a magazine disconnect and micro stamping HAS BEEN ENJOINED!
So…..what does this mean?
First…don’t go to Turners tomorrow expecting to see off roster guns…each manufacturer sill needs to submit their guns to DOJ to be approved and then placed on the roster. Also…there is the very real possibility (probability) that the State will appeal the injunction.
Regardless….this is a major step in the right direction!…and major congratulations are in order to both CRPA and the brilliant attorneys at Michele and Associates.
If you are not a member of CRPA yet…become one now!!!
Well done guys!!!
I will be reviewing the decision in its entirety over the next couple of days, and will report more soon.
Steven Lieberman
Steven Lieberman Esq. is a Captain in the California State Military Reserve and a use of force attorney working with law enforcement and legally armed civilians in protocols, training, as well as civil and criminal culpability compliance issues. His knowledge of use of force protocols, as well as the institutional workings of law enforcement, provides clients with the necessary tools to avoid criminal prosecution, and mitigate civil liability.
Recent Posts
Fear and Loathing on Frontier Airlines
09/20/2023
Lincoln stared past me. His etched visage looking out towards somewhere in empty space contemplating some great cone disconnected from what the artist had posted
USCCA Convention
09/13/2023
The irony does not escape me. I am at 35,000 feet, wedged between two people on my way to Milwaukee via a stop-over
Cook’s Corner
09/06/2023
By now you are all aware of the events two weeks ago at Cook’s Corner. I have driven by Cook’s Corner several times on my
Comments (4)
Thank you, please send out an email when we should be able to buy the gun we want (SW CSX – 9mm ambidextrous and EZ rack). If not how will I know that I can get it. Not a member of CRPA yet but I do donate, and, when I buy Amazon, they are my charity of the smile donation! So if not a member having your Amazon smile purchase send them the percentage is almost as good.
This seems like great news and a great step forward, but it seems like these things follow a depressing cycle:
1. District rules against the state and issues an injunction
2. State appeals and asks for a stay on the injunction
3. State gets the stay until appeal process is completed
4. Appeal process never ends (en banc, Appeals Court, Supreme Court, remand & do-over) , stay remains in place
Case in point – we’re coming up on the fourth anniversary of Freedom Week and I still can’t legally buy or possess a 20 round magazine for my Mini-14. But maybe one day my grandchildren might be able to…
Thank you, Steven. I am glad you are on our (2nd people) side.
So, State has 2 weeks or so to respond/appeal and then …
Good start, look forward to hearing about the updates.