3DD писал(а): ↑
Defendant Attorney General Rob Bonta
Defendant Rob Bonta, in his official capacity as Attorney General of the State
of California, requests that the Court stay the Decision dated January 30, 20241
enjoining implementation or enforcement of the ammunition sales background
check provisions found in California Penal Code §§ 30352 and 30370(a) through
(e); the ammunition anti-importation provisions found in §§ 30312(a) and (b) and
30314(a); and the criminal enforcement of California Penal Code §§ 30312(d),
30314(c), and 30365(a) (“Decision”) pending appeal. ECF No. 105. If the Court is
not inclined to grant a stay of the Decision pending appeal, the Attorney General
requests a brief administrative stay of ten days, to seek relief from the Ninth Circuit
Court of Appeals. See, e.g., Miller v. Bonta, Case No. 3:19-cv-01537-BEN-JLB,
ECF No. 175 (Decision at 78); Duncan v. Bonta, Case No. 3:17-cv-01017-BENJLB, ECF No. 149 (Decision at 70–71). The Attorney General requests a ruling on
this request by no later than 2 p.m. today, January 31, 2024.
The Attorney General previously requested that the Court enter a stay pending
appeal if it enjoined the ammunition laws in whole or in part. ECF No. 81 at 25
n.16; ECF No. 86 at 10 n.15. Although the Court granted (in part) the Attorney
General’s requests in its final orders in other recent cases involving Second
Amendment challenges to California’s public safety laws, see Miller and Duncan,
supra, the Decision here makes no reference to the stay requests in this case.
Just as in Miller and Duncan, a stay pending appeal—and at a minimum a
brief stay to seek relief from the Court of Appeals—is warranted in this case. If the
Decision is allowed to stay in effect, it would irrevocably alter the status quo by
enjoining enforcement of laws that have been in effect for over four years; allowing
prohibited California residents to acquire ammunition during the appeal; and
jeopardizing public safety. And, if the challenged provisions of the ammunition
laws are later upheld, it would be difficult for the State to reverse those
transactions, identify prohibited persons who purchased ammunition during the
appeal in violation of the ammunition laws, and restore the status quo.
At an absolute minimum, if the Court is not inclined to stay the Decision
pending appeal, the Attorney General requests an interim ten-day stay, just as the
Court granted in Miller and Duncan, to seek relief from the Ninth Circuit Court of
Appeals.
Dated: January 31, 2024 Respectfully submitted,
ROB BONTA
Attorney General of California
P. PATTY LI
Supervising Deputy Attorney General
JOHN D. ECHEVERRIA
Deputy Attorney General
https://michellawyers.com/wp-content/up ... o-Stay.pdf
"Ну, если уж совсем не хотите остановить/подвесить действие своего постановления, то хоть на десять дней задержите; а то не сможем потом всех покупателей отловить.." (с) Бонта..
Поразительный, всё-таки, народ эти коммиформийские леваки..
