Judge Nelson asks how Jacobson affects this case. Kleinfeld asks about the level of scrutiny that should be used.
https://twitter.com/2Aupdates/status/1450142621914046469
Nelson asks if it matters how long the closures were: What if it was one day?
Kleinfeld says he's skeptical of the court imposing itself on government in a fast-moving situation.
Kleinfeld says he's skeptical of the court imposing itself on government in a fast-moving situation.
Kleinfeld tells Villanueva that some of the restrictions seem "wildly nonsensical" to him.
Kleinfeld: Why couldn't gun dealers bring purchased guns out to customers, so they didn't need to go into the store? Grocery stores did that. Doesn't make any sense. "Make sense of it for me."
Kleinfeld compares the gun stores/range restrictions to similar restrictions on churches.
Villanueva talks about "the gun industry." Kleinfeld says that people were scared of social disorder and a lot of people were buying guns. Says Villanueva isn't really talking about the gun industry's interests, but the consumer's interest in getting guns for self-defense.
Villanueva says they started allowing gun stores/ranges to open when the federal government changed its guidelines. Nelson asks if that's an acknowledgement that they made the wrong decision at the beginning. Says it's not clear "why there wasn't a respect for the 2A upfront."
Nelson says it seems like the 2nd Amendment wasn't viewed as a "serious right"
Nelson says it would be one thing if the sheriff said he made a mistake and that 2A rights were violated, but he actually said that it's not essential at all
VanDyke asks if there was any data behind the decision to keep open certain places like bike stores, but not gun stores and ranges.
Villanueva says the stay-at-home order has some justification. VanDyke wants a more detailed answer than that.
Villanueva says the stay-at-home order has some justification. VanDyke wants a more detailed answer than that.
Villanueva says gun buyers have to demonstrate gun safety when buying guns. VanDyke says that's not a thing in most other states.
VanDyke asks if the argument here is that California's strict gun laws make the gun-buying process more likely to spread COVID than in other states.
VanDyke asks if the argument here is that California's strict gun laws make the gun-buying process more likely to spread COVID than in other states.
Kleinfeld says he doesn't like the like of arguments Villanueva is going down. Says the ban also affected outdoor gun ranges. Why?
Villanueva says the rangemaster stands close to people to make sure they're being safe.
Kleinfeld says they don't even have rangemasters at his range. Nelson says that argument "is a little ironic" because the point is to give the shooters space while you watch them.
Kleinfeld says they don't even have rangemasters at his range. Nelson says that argument "is a little ironic" because the point is to give the shooters space while you watch them.
VanDyke asks if there's even a law requiring rangemasters (whose presence is being used as a reason ranges could be closed). Villanueva says he doesn't know, but doesn't think so.
VanDyke says he's only shot guns once in California, and there wasn't a rangemaster within 6 feet.
VanDyke says he doesn't understand what the government interest is in this case. Asks Martinez how he would win under intermediate scrutiny. Martinez says there was no tailoring in the restrictions.
Martinez mentions "all the of hypothesizing that went on in the last 10 minutes" regarding what the justifications were. Says Villanueva never thought about it, they just did it.
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