Ninth Circuit ruling on May v. Bonta 9/6/24

[tomrkba]

All this mess because of the requirement to have government approved permission to exercise a constitutional right.

No complaining. You have had ample opportunity to assist in actual change, but instead continue to defer to the courts.

 

[Technical]

SB2 does not prevent ccw on federal lands. It is limited to land under the control of state agencies.

Thank you dvrjon for correcting my error on reciprocity in National Parks. I noticed one interesting fact related to reciprocity. Some states have reciprocity laws , but exclude CCW permits that were not issued in a person’s home state. So if someone lives in California, has an Arizona CCW permit, a state like Colorado will not honor the Arizona permit.

Finally, here’s a follow up on ccw in National Forests:

https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb5066182.pdf

Laws Regarding Firearms on National Forest Lands
First, the primary laws governing possession of firearms and other weapons on National Forest are State Laws. These laws were developed by the states following establishment of our Cooperative Wildlife Management Agreements. Most notable of the state laws concerns controlling firearms on the National Forest are “cased gun laws”.
Cased Gun Laws: As the name implies, this law requires that all firearms on National Forest be unloaded and kept in a case. Virginia and West Virginia have similar “cased gun laws”. In order to allow hunting, these laws make an exception.
• It is legal to have loaded firearms on National Forest during the authorized general firearms and muzzle loading gun seasons for bear, deer, grouse, pheasant, quail, rabbit, raccoon, squirrel, turkey, or waterfowl. This exception is very specific and applies only during the period when it is legal to take these listed species and doesn’t include carrying the loaded weapons in a vehicle.
• Because hunting on Sunday is prohibited, carrying a loaded gun on National Forest is not legal on Sunday even if it is the Sunday in the middle of the general firearms deer season.
• The second exception to this law allows people with a concealed weapon permit to carry a loaded, concealed, handgun either on their person or in their vehicle while on National Forest. This does not apply if the person is engaged in a primitive weapons season or chase only season.
• People muzzle loading or bow hunting may carry a concealed weapon as long as they possess a concealed weapon permit.
Discharging a firearm, crossbow, or bow and arrow in or across a road or within the right-of-way of any road is prohibited by both State and Federal Law.
Any person convicted of a felony may not legally possess firearms on National Forest.
Reckless use or handling firearms: It is a violation of both Federal and State law to handle any firearm in a careless and reckless manner or hunt while under the influence of intoxicants or narcotic drugs.

 

[Malibu]

Do we have any updates on where this in the process of appeals at this point?

 

[Dvrjon]

Do we have any updates on where this in the process of appeals at this point?

Bonta has until 10/29 to respond to the request for en banc review. (10/08 order, below).

10/14/2024	Appellees Reno May, et al.	Appellees-Plaintiffs’ Notice of Supplemental Authority per 28(j) re Christian v. James
10/08/2024	Court	Order Requesting Response from Appellant to Appellees’ Petitions for Rehearing
09/20/2024	Appellees Marco Carralero, et al.	Petition for Rehearing En Banc
09/19/2024	Appellees Reno May, et al.	Petition for Rehearing En Banc

May v. Bonta - Michel & Associates, P.C.

Case Name: Reno May, et al. v. Rob Bonta, in his official capacity as Attorney General of the State of California USDC Case No.: 8:23-cv-01696 Court of Appeal Case No.: 23-4356 U.S. District Court, Central District of California Filing Date Filing Party Document Description 8/4/2026 Plaintiff...

michellawyers.com

 

[Malibu]

Got it, thank you.
At this point, will the state ask for additional time to consider “new evidence” in light of any other 2A-type cases or decisions by any other courts in with this country or any other?…I know that may sound silly, but I’m expecting them to attempt further delay by any means possible.

 

[SheepDog45]

I wonder if trump becoming president again would help our chances with these rulings.

 

[Malibu]

Trump being elected may very well have relevance. His appointment of more judicial seats could tip the scales in our favor. The activists on the various courts know this, and from how I see it, they will use any possible excuse to further delay any outcomes that might favor 2A rights.

 

[SomeOne]

More conservative judges in 9CA will tilt the scales for sure. CA will be hesitant to ever go enbanc if they feel situational uncertainty. The issue is that not every conservative judge is exactly pro-2A, when practally every liberal judge is anti-2A

 

[Dvrjon]

Got it, thank you.
At this point, will the state ask for additional time to consider “new evidence” in light of any other 2A-type cases or decisions by any other courts in with this country or any other?…I know that may sound silly, but I’m expecting them to attempt further delay by any means possible.

The parties can provide notice of other rulings to keep the Court current (See the 10/14 Notice of Supplemental Authorities, above). If the Court finds a need for clarity on the issue, it will direct the parties to submit briefs. The briefs will be given size and time limits which may result in additional extensions of the process.

 

[Malibu]

“which may result in additional extensions of the process.”

Yes, that was what I was thinking. We are so accustomed to long, drawn out delays, filings, appeals, briefings, rebuttals, hearings, and often long periods of silence when it concerns most all 2A stuff. I have watched my father, and many of his friends grow old and die off before any meaningful change ever occurred. As an example, many of them lived in Los Angeles. The hope for them to ever legally carry concealed firearms was not realistic in their lifetimes. That is sickening. Watching all these unjust laws being enforced for decades (Roberti-Roos for example) is just as bad. Hopefully things will change, but I’ll believe it when I see it. Meanwhile, I will do as I please, knowing it’s my choice.

 

[sonofeugene]

And rulings shouldn’t take years.

 

[Malibu]

And rulings shouldn’t take years.

No they shouldn’t. But this is one arena where politics and judicial activism meet, and the citizens are the ones screwed. The corrupt courts, the appellate industry, the politicians, and law enforcement have combined to assault the gun owner.

 

[sonofeugene]

No they shouldn’t. But this is one arena where politics and judicial activism meet, and the citizens are the ones screwed. The corrupt courts, the appellate industry, the politicians, and law enforcement have combined to assault the gun owner.

Yep.

 

[4super9]

This is yet another example as to why this law needs to be overturned: I went for breakfast at a local diner. This was at 8am. In the far corner of the restaurant, I see on display that they offer beer. Just one kind at that. Not a single person drinking beer at that hour, nor probably for several more hours. Nope! Can't carry in there!

 

[Malibu]

This is yet another example as to why this law needs to be overturned: I went for breakfast at a local diner. This was at 8am. In the far corner of the restaurant, I see on display that they offer beer. Just one kind at that. Not a single person drinking beer at that hour, nor probably for several more hours. Nope! Can't carry in there!

Do you suspect that the owner of the restaurant may have been coached to create the CCW situation, or is it simply that they went through the hurdles to get a liquor license and are not aware of the effect on armed citizens who follow these punitive laws?….I suspect the owner has no clue.

 

[4super9]

Do you suspect that the owner of the restaurant may have been coached to create the CCW situation, or is it simply that they went through the hurdles to get a liquor license and are not aware of the effect on armed citizens who follow these punitive laws?….I suspect the owner has no clue.

Nothing nefarious here. The owner has no clue. This is also in the OC, in a very pro-2A community. The beer license has probably been in place for many years.

My point is that a law abiding CCW holder can be just going about their business, trying to comply with the law, and suddenly and surprisingly get caught off guard by entering an establishment where they assumed alcohol would NOT be sold. Most diners do not serve alcohol. Heck, this place is not even open for dinner. We are now expected to investigate every single place we eat prior to entering, and if there are no other options around that don't serve alcohol, we must go hungry. If McDonalds was to start offering beer (as they do in other countries), we are totally f**ked.

 

[wstsider]

So does this mean government employees must follow the same rules as us or are they above the law as well?

 

[BobGBA]

There's a Wienerschnitzel in Burbank that you'll need to use the drive thru to get you chili cheese dog fix.

 

[Malibu]

Nothing nefarious here. The owner has no clue. This is also in the OC, in a very pro-2A community. The beer license has probably been in place for many years.

My point is that a law abiding CCW holder can be just going about their business, trying to comply with the law, and suddenly and surprisingly get caught off guard by entering an establishment where they assumed alcohol would NOT be sold. Most diners do not serve alcohol. Heck, this place is not even open for dinner. We are now expected to investigate every single place we eat prior to entering, and if there are no other options around that don't serve alcohol, we must go hungry. If McDonalds was to start offering beer (as they do in other countries), we are totally f**ked.

Got it.
Interesting in that my Arizona CCW permit allows me to sit and eat in an establishment that serves alcohol, as long as I do not consume any alcohol while armed. California is so ****** up.

 

[Malibu]

No complaining. You have had ample opportunity to assist in actual change, but instead continue to defer to the courts.

Who said I defer to anyone? I make my own choices as I see fit.