BREAKING: California Reinstates Ammo Restrictions

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U.S.A. -(AmmoLand.com)- 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.

Case Name: Kim Rhode, et al v. Xavier Becerra

Case Number: 20-55437

Document: LINK

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

Filed order (MARY H. MURGUIA and MARK J. BENNETT): The court has received the 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)

Continue to check in your inbox and www.nraila.org for further updates concerning your Second Amendment Rights and hunting heritage.


National Rifle Association Institute For Legislative Action (NRA-ILA)

About:

Established in 1975, the Institute for Legislative Action (ILA) is the “lobbying” arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution. Visit: www.nra.org

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MICHAEL J
MICHAEL J
6 months ago

It’s very apparent that lower courts are just running interference for those in power since they never abide by a junior courts decision. The attorney general knows quite well that tying up issues they don’t like is almost procedural. He also knows that if a lower court decides in his favor, the issues might be refused to be heard in an higher court giving him a stacked deck against the people’s will. Of course if he loses in lower courts, he has unlimited funding and favor of the ninth circuit. As President Trump said, “The system is rigged”, but then… Read more »

Wild Bill
Wild Bill
6 months ago
Reply to  MICHAEL J

@MJ, What is a junior court?

MICHAEL J
MICHAEL J
6 months ago
Reply to  Wild Bill

Figuratively speaking, any court that can have it’s decision halted by theoretical fiat i.e.Nineth circuit court over the Southern district. We have witnessed by Becerra’s request to the upper court to stay or resume the ammunition background checks and halt interstate commerce. Becerra has also used the Nineth circuit to tie up magazine sales and ownership, again overiding lesser courts decisions.

Big George
Big George
6 months ago

ALL of my on-line ammo orders were canceled because they (MidwayUSA.com, BulkAmmo.com, etc.) said they couldn’t ship fast enough before that POS CA-AG was able to get his 11th. hour stay in place! I won’t have this problem soon when we move to the REAL Golden State…Arizona!

Finnky
Finnky
6 months ago
Reply to  Big George

@BG – Love your version of the CA flag.

dodge4me
dodge4me
6 months ago

Title 18, U.S.C., Section 241 Conspiracy Against Rights This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same). It further makes it unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or… Read more »

ShooterOne
ShooterOne
6 months ago

This does not surprise me in the least, California is about as close to communistic as you can get without being communistic. I hope I am wrong but I have always said the only way they will get my guns is to pry them from my cold dead fingers.

ARM UP and CARRY ON.

JohnnyB
6 months ago

The kommunist that govern kalifornia should be put in jail for a very long time after a very quick trail for their treason and malfeasance in office…. How some of the mental midgets got elected is beyond any sane person. The Governor and his efforts to give Pandemic money to ILLEGAL immigrants is illegal… The AG Xavier Becerra is a rabid fruitcake that only wants to take your rights away…. he is not happy until he has dominated all your US Constitutional Rights…. He MUST go… AND the rest of the Democrap cabal in Kalifornia needs to be kicked into… Read more »

Circle8
6 months ago

This is what happens when the 9th COMMUNIST COURT becomes involved.

TexDad
TexDad
6 months ago

I always notice how these temporary decisions from the courts always play out to default toward the benefit of the oppressive law. You would think the whole purpose for their existence would be the exact opposite of that.

If there’s a question as to whether we can restrict people’s rights in some way (ridiculous question, I know), wouldn’t you think the default should be to NOT restrict rights until that question has a definite answer?

Laddyboy
Laddyboy
6 months ago

The question is; When will these over 25,000 ILLEGAL anti-gun, Anti-Second Amendment regimes be put in their correct CONSTITUTIONAL PLACE and be shown by $$$$$$$$$$$$ fines and YEARS of PRISON term punishments that – – SHALL NOT BE INFRINGED applies ALL across America.

Rattlerjake
Rattlerjake
6 months ago
Reply to  Laddyboy

In reality one of the federal government’s primary duties is to ensure that the state adhere to the Constitution/Bill of Rights. Problem is that that very government have violated the Constitution/Bill of Rights themselves. Until we rid the federal government of all socialist, communists, muslimes, and any other anti-constitution, anti-America scum, we will continue to fight the same battle over and over. The only solution is with a COS (Convention of States), but the suggested amendments MUST include two amendments that fully back the Constitution, one being that any candidate or present elected official who creates, submits or fully supports… Read more »

Wild Bill
Wild Bill
6 months ago
Reply to  Rattlerjake

@Rattler, Don’t let this rattle you, but the S. Ct. just punked out: “Supreme Court Throws Out New York Gun Case, Avoiding Major Second Amendment Ruling The justices ruled that the case was moot because the restrictions in question had been rescinded. By Claire Hansen, April 27, 2020, at 12:29 p.m. THE SUPREME COURT ON Monday threw out a gun rights case from New York, avoiding what would have been the first major Second Amendment ruling in a decade. The court dismissed the case as moot in an unsigned decision, but three conservative justices filed a dissent. The case centers… Read more »

Finnky
Finnky
6 months ago
Reply to  Wild Bill

@WB in addition to dissenting opinion by Thomas, Alito and Gorsuch, Kavanaugh filed consenting opinion which basically said it is time for SCOTUS to step up – but this case was not it. Horrific as NYC gamesman ship was, I can certainly not argue against the court’s ruling here. Plaintiffs’ original petition only asked for the law to be struck down, which is a moot request at this point. Plaintiffs argued that supreme court should rule because of side issues (quite important ones at that), which were not addressed by the lower court. Most valid point they may have made… Read more »

Matt in Oklahoma
Matt in Oklahoma
6 months ago

It lasted a whole day. It’s already over.

Tionico
Tionico
6 months ago

Not “over”. Just one more chapter before the end.

Like Yogi Berra used to say:

It ain’t over till its over”. There are nine hooh hahs wearing black nighties that will have something to say about this. Good or bad remains to be seen.

Finnky
Finnky
6 months ago

I expected the stay to be lifted, but not that quickly. Article doesn’t say what happens to orders places but not yet filled. I know if I was stuck in California I would have placed orders for several thousands of rounds, possibly 10k or more depending on funding and storage capacity. My guess is that if it hasn’t shipped it would be held. I see three possible outcomes for orders in transit (1) shippers halt and return to sender (2) purchaser receives their package – committing a crime in the process or (3) the purchase is grandfathered in. Have not… Read more »

Quatermain
Quatermain
6 months ago

The Ninth Circus seems to enjoy setting itself up to be overturned by SCOTUS.

Donttreadonme
6 months ago
Reply to  Quatermain

It would be great to get to SCOTUS, that way no state in the union would be able to enact the same nonsense.

Darkman
Darkman
6 months ago
Reply to  Quatermain

You have to understand Liberals are and have been playing the long game. Two steps forward…One step back for the last 50+ years. Slowly through Indoctrination in the Education system. They have been making their Agendas more acceptable to society. Abortion, LGBTQRSTUVWXYZ Rights, Climate Change, PC attacks on Free Speech and attacks on the 2nd A. Along with decades of Liberal appointments to the courts. They have advanced their Ideology to where it is today. Slowly and methodically. With little push back from society as a whole. Now as people are finally waking up to the Ideological Agenda. They see… Read more »

Finnky
Finnky
6 months ago
Reply to  Darkman

@Darkman – To give liberals their due, they are better at the long game than Harold who plays: one step sideways and two steps back – see I won! To be quite honest liberals may be winning California, but nationwide we’ve been going something like three steps forward, two steps back – toward increasing protection for human rights regarding firearms. OK, maybe NY is two forward – two back – but most of the state has gained in fields of carry licenses (two-edged sword that), constitutional carry (all good), and stand your ground type laws. Only a few regressive states… Read more »

Sisu
Sisu
6 months ago

Hindsight being 20/20 … when Republicans held the House and Senate why didn’t they impeach judges who clearly don’t respect the Constitution as the first law of the land ?

badlands
badlands
6 months ago
Reply to  Sisu

Paul Ryan and Mitch McConnell. That’s why.

Charlie Foxtrot
Charlie Foxtrot
6 months ago
Reply to  badlands

, lack of a two-third majority in the Senate. That’s why!

Laddyboy
Laddyboy
6 months ago
Reply to  badlands

These are TWO SWAMP GRASS “representatives”. I depends upon which way the political winds are ablowin’. They have demonstrated their RINO/DemoNAZI votes for MANY years.

Green Mtn. Boy
Green Mtn. Boy
6 months ago
Reply to  Sisu

That would have required intestinal fortitude something many so called republicans lack.

Deplorable Bill
Deplorable Bill
6 months ago
Reply to  Sisu

What she/they are doing IS AGAINST THE LAW. There has to be a way to bring justice to bear through the courts. Failing that there are only two other options to deal with legislators, judges, lawyers, enforcement personnel and the evil people who fund them. One way is to just shut up and be enslaved. The other way is to “vote” her/them out of office. I do believe the elections are bogus to a point and it’s always in the demoncrapic favor. She/these people embody evil on a scale such that they must be friends with satan himself. Trump is… Read more »

Superman
Superman
6 months ago

You can’t ‘vote out’ a Federal judge. Take a Civics 101 class.

Finnky
Finnky
6 months ago
Reply to  Superman

@SM – You are correct that we cannot directly “vote out” a federal judge, however elections have consequences – we elect a president and senators who appoint and approve judges. Those judges become a long term consequence of electing whomever wins elections. Thus EVERY election counts. Impeaching is a harder task. Wholesale impeachment would be seen as a political maneuver no matter how poorly those judges have applied the law – this would begin a cycle of replacing majority of federal judges every time there is a power swing in Washington. Courts have long sated as a stabilizing and moderating… Read more »

Ansel Hazen
Ansel Hazen
6 months ago
Reply to  Finnky

@DB Yes there is. I’ve said it so much now it wears thin on my ears. @ SM Right but not entirely correct. @ Finnky Right as well but as DB has pointed out the problem we face is not cyclic. It has been going on for far longer than 4/8 yr periods. Our form of government was set up to provide for a process that allows THE PEOPLE’S voice to be heard. And as long as that game is played fairly it works quite well. But when it gets perverted as we have all been seeing,the writings of the… Read more »

Sisu
Sisu
6 months ago
Reply to  Finnky

@Finnky. I agree “stability” is of great importance. Unfortunately, the stability we currently have is that of a steady, “vicious cycle” – constant, continual decline and undermining of the principles set forth in the Declaration of Independence and Constitution. Such devolution of the “rule of law” is the result of: i) a “lack of standards” for judicial review of Constitutional issues (as well, since the beginning SCOTUS has decided what “its powers” are); ii) the application of stare decisis (Latin for “to stand by things decided”; the doctrine of precedent) as a substitute for appropriate standards for interpreting the Constitution;… Read more »

Wild Bill
Wild Bill
6 months ago

@DB, Yes, their is a way, and we are seeing that in action. Superior courts guide inferior courts through the appeals process.

Wild Bill
Wild Bill
6 months ago

@DB, Regarding this “… AGAINST THE LAW.” statement. It is a complicated jurisprudential philosophical issue encompassing ” The nature, character, and extent of what a pre-political Right (Immunity and Privilege) is”; The Pre-emption Doctrine; the extent of Congress’s Powers and Authorities ; and Dual Sovereignty. All of the governments want more power. We the People have Pre-political Rights (Immunities and Privileges) enshrined and enumerated in the Constitution, each of which are meant to stop government in mid swing. Each of the branches of federal government seek ways around those Rights, including changing the definition of what a Right is; asserting… Read more »

Grim
Grim
6 months ago

We did not vote out George III. The Ninth Circuit deserves what all anti Constitution judges deserve – the rope! Arm up!

Charlie Foxtrot
Charlie Foxtrot
6 months ago
Reply to  Sisu

I didn’t know that Republicans had a two-third majority in the Senate, which is required to impeach and remove a federal judge. Who knew? With that unknown two-third majority in the Senate we could have passed all kinds of legislation. I guess the Senate Republicans should call on Sisu after every election to make sure they count right and know that they have a two-third majority. LOL.

Deplorable Bill
Deplorable Bill
6 months ago

Tyranny and treason carry the same penalty. I would hope the courts would be reminded of this. Government is supposed to be there to defend, uphold and advance our GOD given, constitutionally protected, unalienable RIGHTS. RIGHTS such as to keep and bear arms, life, liberty the pursuit of happyness etc. When government becomes destructive of these ends, it is in the right of the people to alter or abolish it and create new government. There are some of these words that should be familiar to every free American. If the government, the courts, lawyers and enforcement won’t live up to… Read more »

Green Mtn. Boy
Green Mtn. Boy
6 months ago

@ Deplorable Bill

“Tyranny and treason carry the same penalty. I would hope the courts would be reminded of this.”

At some future point in time this nations rope companies are not going to be able to meet the demand for caring out the penalty phase at the local, state and national level.