Thursday, February 26, 2015

It Only Took Six Years To Come To This Bad Conclusion

The CalGuns Foundation filed its challenge to the state of California's handgun roster on April 30, 2009 in the case of Pena et al v. Lindley. Today US District Court Judge Kimberly Jo Mueller finally rendered a decision in the case. It has only been five years and ten months.

And after all that time you would think that she would get it right. However, when the decision is rendered by a judge appointed by Barack Obama, you get the clue that she wouldn't. And she didn't.

She found for the state of California and upheld the handgun roster. She went on to say the Second Amendment was not even implicated by the roster. So what if you can't get any new guns or that law enforcement officers and new residents who bring their guns are treated differently than existing residents.

The CalGuns Foundation has already said that they will appeal this ruling. They released this statement:
“We are disappointed that the district court sidestepped a clear violation of Second Amendment civil rights in its decision today. However, we are absolutely committed to litigating this case as far as necessary to reverse this incorrect ruling and restore the right to keep and bear modern handguns in the Golden State.

It is difficult to understand how the Supreme Court’s landmark District of Columbia v. Heller decision could be so badly mis-applied. Laws that ban law-abiding people from acquiring virtually all modern handguns following a rigorous background check have no constitutional basis and must be overturned.

It is utterly preposterous that a Federal Court would rule that a ban on all new semi-automatic handguns does not burden Second Amendment rights. Such a decision conflicts with Ninth Circuit precedent, much less the Supreme Court’s holdings in Heller and McDonald v. Chicago.

Our counsel have already appealed the ruling to the Ninth Circuit Court of Appeals and will take every action necessary to create a successful outcome there.”
I hope to have more on this ruling after I've read the whole decision as well as on Judge Mueller and her social justice warrior background.


  1. It was such a stupidly facile, deeply flawed, and badly rendered decision by an incompetent political posting that I can't wait for it to get eaten-up by CalGuns and spit back out.

  2. The Calguns effort was better in every way, but the issues in Pena have been discussed much longer. More than 5 years before
    Calguns got involved with a lawsuit, I started going around and around with the Cal DOF on the XD45 Bitone, one of the same guns
    in the Pena filing. After 5+ years of the CDOF failing to behave reasonably or rationally did a suit get filed. The larger case has
    been dragging on for more than a decade.

  3. California = The land of illegal aliens...

    Los Angeles is the Capitol of Aztlan..