We finally got a decision. We have been waiting for months… well, really years… for Judge Roger T. Benitez to release his opinion in Duncan v Bonta. You may remember this originally as Duncan v Becerra. California has Penal Code § 32310(c) and (d) that was amended by Proposition 63 which essentially made the mere possession of a...
“Hear me now, oh, thou bleak and unbearable world Thou art base and debauched as can be And a knight with his banners all bravely unfurled Now hurls down his gauntlet to thee! Hear me, heathens and wizards and serpents of sin All your dastardly doings are past For a holy endeavor is now to begin And virtue shall triumph at last!” So...
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. ...
On Thursday of last week, President Biden announced his “executive actions” on gun control. This is somewhat of a misnomer as he really did not issue any “executive actions”. The President… all presidents… are allowed to use executive actions when authorized by Congress during states of national emergency and when necessary to clarify executive actions...
The State Laid Bare Last week the California Department of Justice put a little missive on the DES website’s login page. (The DES is for California gun dealers to initiate the DROS process for someone to be able to legally take possession of a firearm.) It reads as follows: Under Penal Code section 28220(f)(4), the Department of...
Duncan v Becerra, Part Trois Last year Judge Benitez issued a stay on the implementation of Proposition 63 as it related to the confiscatory nature of the law related to standard capacity magazines. That decision, and the resulting opinion, was Duncan v Becerra, Part Un. Later he issued his summary judgment (Glorious Decision) that beatified him in...
Go East, Young Man? Over the last few years there has been a noticeable migration of citizens from California and New York to points east and south. There are many reasons for this phenomenon. If you subscribe to Marxist economic theories, then it is simply a rational act by greedy capitalists looking to maximize profits by moving...
Camp San Luis Obispo Officers’ Club The fire crackled spritely as MAJ Taormina sipped his Jameson gingerly. Cigar smoke still lingered about the high-backed chair and shadowed his furrowed brow. LTC Eeke paced back and forth between the fire and some dispatches that lay sprawled across an end table, a vape device clutched in his delicate hand. Speaking to...
Miller v. Becerra Last week we were notified about a case filed in San Diego District Court named Miller v. Becerra. The headlines from the gun advocacy groups read, “LAWSUIT CHALLENGES CALIFORNIA ASSAULT WEAPON LAW!!!” and “JUDGE BENITEZ TO HEAR CHALLENGE TO AR LAW!” YAY!!!! Well… it’s a good, meritorious lawsuit, but I doubt it will be the...
It is Friday, June 28th, and I am completely wrapping myself in the patriotic glow of our nation. I am writing this blog in our hotel room in Newbourgh, New York. A few miles to the east is the site of George Washington’s NY headquarters; it was here that he rejected an American monarchy. To...
