Miller v. Bonta, SDCA - "assault weapons"

[kuug]

Originally Posted by BBot12

So what’s the current state of this court hearing?

I don’t think Benitez delayed the case per Becerra’s motion, did he?

I'd imagine it's being kept in limbo until NYSRPA is decided

[FirearmFino]

JOINT MOTION AND STIPULATION TO CONTINUE HEARING ON MOTION FOR PRELIMINARY INJUNCTION AND MOTION TO DISMISS

[FirearmFino]

DEFENDANTS’ EX PARTE APPLICATION TO TEMPORARILY STAY THE HEARING AND BRIEFING SCHEDULE ON MOTION FOR PRELIMINARY INJUNCTION AND MOTION TO DISMISS PENDING RULING ON DEFENDANTS’ MOTION TO STAY

[FirearmFino]

ORDER CONTINUING HEARING ON MOTION FOR PRELIMINARY INJUNCTION AND MOTION TO DISMISS

Having considered the Joint Motion to Continue Hearing on Motion for Preliminary Injunction and Motion to Dismiss, and good cause appearing, under Federal Rule of Civil Procedure 6(b)(1), the hearing on Plaintiffs’ motion for preliminary injunction, Dkt. 22, and Defendants’ motion to dismiss, Dkt. 16, is hereby continued from January 16, 2020 at 10:00 a.m. to Wednesday, January 29, 2020 at 10:00 a.m. (Note the change of date.)

Under Local Civil Rule 7.1(e), Defendants’ opposition to the preliminary injunction motion is due by January 16, 2020, Plaintiffs’ reply in further support of the preliminary injunction motion is due by January 23, 2020, and Defendants’ reply in further support of the motion to dismiss is due by January 23, 2020.

[FirearmFino]

Plaintiffs' Opposition to Defendants' Ex Parte Application to Stay

[ShadowGuy]

So what are the possible outcomes we can expect for January 29th?

Is it possible we get an temporary injunction against the AW ban? The case gets dismissed? Case continues without injunction?

[TheBest]

Originally Posted by ShadowGuy

So what are the possible outcomes we can expect for January 29th?

Is it possible we get an temporary injunction against the AW ban? The case gets dismissed? Case continues without injunction?

We could get another freedom week but for ARs. Install all the features that have been sitting in your spare parts bins. Sell the compliance items!

[bbgughj]

Originally Posted by ShadowGuy

So what are the possible outcomes we can expect for January 29th?

Is it possible we get an temporary injunction against the AW ban? The case gets dismissed? Case continues without injunction?

Don’t get your hopes up , I don’t believe we hear anything until the New York case law on Transporting a firearm from and to the gun range ...

[aBrowningfan]

Originally Posted by TheBest

We could get another freedom week but for ARs. Install all the features that have been sitting in your spare parts bins. Sell the compliance items!

Not sure I would sell the compliance items until there was a ruling from SCotUS upholding the enjoining of the AW ban.

[taperxz]

Originally Posted by aBrowningfan

Not sure I would sell the compliance items until there was a ruling from SCotUS upholding the enjoining of the AW ban.

Who would even buy compliance items if a PI took care of the issue?

[GetMeCoffee]

Originally Posted by taperxz

Who would even buy compliance items if a PI took care of the issue?

The Stalinist History Museum at UCB?

[tripleu]

Does anyone know if this implicates the list of assault weapons? I would love to get a KAC SR-15 lower. Already have a SR-30 lower but I want a SR-15 lower.

[bigstick61]

Originally Posted by tripleu

Does anyone know if this implicates the list of assault weapons? I would love to get a KAC SR-15 lower. Already have a SR-30 lower but I want a SR-15 lower.

It does not appear to deal with Roberti-Roos or the AR/AK series bans, but I've asked multiple times trying to find out if this is in fact correct or not, and if it is, why these were the only AW statutes not included in the challenge. So far no answers.

[taperxz]

Originally Posted by bigstick61

It does not appear to deal with Roberti-Roos or the AR/AK series bans, but I've asked multiple times trying to find out if this is in fact correct or not, and if it is, why these were the only AW statutes not included in the challenge. So far no answers.

The PI asks for a complete removal of the CA AW’s ban

[GunnEnvy]

Originally Posted by taperxz

The PI asks for a complete removal of the CA AW’s ban

So if ruling is in our favor what does it mean for the AW registration? Moot?

[sfpcservice]

If this ruling is in our favor, it will be appealed and stayed. We will measure this in microseconds...

[butlers]

All,

I helped create one of the more popular freedom week threads:
https://www.calguns.net/calgunforum/....php?t=1521211

And I'm trying to understand what a "freedom week 2" would mean (since I want to help out again if I can).

WHAT WE CURRENTLY OWN

Freedom Week: Those of us who had 10/30 magazines were able to convert them into standard capacity 30 round magazines during this week. We're still able to possess/use said magazines today (we just can't sell/transfer them) even after the expiration of freedom week, since we manufactured said magazines during freedom week:
https://www.calguns.net/calgunforum/....php?t=1554752

Freedom Week 2: If the AWB is overturned, how would this work? If those of us who run featureless convert our rifles to "assault weapons", is it the same thing? We can possess/use said rifles even after the expiration of freedom week 2, since we manufactured said rifles during freedom week 2?

WHAT WE WOULD BUY

Freedom Week: Many of us bought a number of standard capacity magazines during this week. We're still able to possess/use said magazines today (we just can't sell/transfer them) even after the expiration of freedom week, since we purchased said magazines during freedom week (even if delivery happened afterwards). Again:
https://www.calguns.net/calgunforum/....php?t=1554752

Freedom Week 2: If the AWB is overturned, how would this work? If we jump on Palmetto State Armory (PSA) and order complete lowers and rifles***, is it the same thing? We can possess/use said rifles even after the expiration of freedom week 2, since we purchased said rifles during freedom week 2 (even if delivery, DROS, and waiting period all take place afterwards)?

Trying to get ahead of the curve here.

Respectfully,
butlers

***Current PSA policy is:

"Palmetto State Armory will no longer be able to ship so called 'assault weapons' to the state of California. This would include all Palmetto State Armory AR-15 complete lowers, AR-15 complete rifles, and all Palmetto State Armory AK-47 rifles."
https://palmettostatearmory.com/cust...liforniaNotice

They will, however, ship stripped lower receivers.

[taperxz]

Originally Posted by sfpcservice

If this ruling is in our favor, it will be appealed and stayed. We will measure this in microseconds...

In those micro seconds, there won't be a person in the state that couldn't make their firearm back into the original (free America) configuration and can not be prosecuted for it going forward.

[ARFrog]

I appreciate planning for a good "what if" but I believe there are too many variables at present.

I went looking for a crystal ball image to use in this post and saw the following book description which may be appropriate:


Crystal Ball Gazing & Scryeing Course
By The XXXX
See your future in seven easy lessons! Learn how to improve your life, relationships, health & work prospects. This 7-part course by The XXXX carefully explains how to buy, cleanse & program a crystal ball to see images within it. Also, learn about scryeing & using a bowl or mirror to see the past & future! Awaken your dormant paranormal powers today! Fully illustrated. Great value. Buy Now.

This may be perfect for use in the CA 2A environment. I Wonder if they have discounts for Calguns members?

[EvoXguy]

Tagged.

[jcwatchdog]

Originally Posted by sfpcservice

If this ruling is in our favor, it will be appealed and stayed. We will measure this in microseconds...

Stranger things have happened, like the magazine freedoms week �� Microseconds are enough to remove some grip wraps or bullet buttons (from reg AWs). Heck, unscrewing a raddlock is a microsecond.

[Manzo]

Would it include firearms listed in the Roberti roos AW ban?

[HUTCH 7.62]

Would love to be able to own My Dad’s AR-180, would hate to have to give it up after he dies.

[SDCarpenter]

So to clarify, we are waiting for an initial decision on the 29th?

[John Browning]

There is no guarantee of a decision on the 29th.

To clarify, we are waiting for an unknown thing at an unknown time. That's the facts.

[Sputnik]

Originally Posted by John Browning

There is no guarantee of a decision on the 29th.

To clarify, we are waiting for an unknown thing at an unknown time. That's the facts.

Ahh, the legal system. Isn't it grand?

[kuug]

Originally Posted by SDCarpenter

So to clarify, we are waiting for an initial decision on the 29th?

No it will take some time for judge benitez to craft his decision

[assaultrifle15]

Originally Posted by GunnEnvy

So if ruling is in our favor what does it mean for the AW registration? Moot?

I think this is the question here. It seems like we will be able to build "assault weapons," but then have to register them with the California DOJ. Is there any possibility that this would get rid of registration as well? I want to build a real AR15, but I won't if I have to register it.

[TFA777]

Originally Posted by assaultrifle15

I think this is the question here. It seems like we will be able to build "assault weapons," but then have to register them with the California DOJ. Is there any possibility that this would get rid of registration as well? I want to build a real AR15, but I won't if I have to register it.

All speculation at this point. Not sure if anyone realizes but benitez even suggested serial numbers on magazines would have been a lower burden (in Duncan). That train of thought doesn't bode well for a precursor parts challenge, and would likely also imply he is not against registration (why require allow serials if not to register). So yes he may we'll likely allow registration regs to stand, although I'm not sure if the transportation laws would change (transporting AW is significantly different from transporting regular long guns).

Honestly registration is largely moot in California, they already keep all dros records anyway, so unless you owned firearms from a while ago it's likely they already have your details (in fact you can submit a form to have them list what firearms are registered to you).

[bigstick61]

Originally Posted by taperxz

The PI asks for a complete removal of the CA AW’s ban

What do you mean by the PI? Do you mean the request for a preliminary injunction? Or are you talking about the ultimate relief sought by the suit (those are two different things)? Do you have a citation from a document to back that up? The documents submitted to the court that I read list a number of penal code sections they want to be found unconstitutional. I looked all of them up. They cover all of the AWB except the Roberti-Roos and AK/AR series bans. They actually also cover much of the .50 BMG rifle ban, too, but not the two earlier AWBs.

So, again, was something filed inclusive of those bans at some later point, and if so, could we have a link and citation, please? If these two bans are not included, it would be good to know that for sure, and to also know why they are not being included in the suit.

I also seriously doubt we'll be getting a PI that covers much of anything, if we get one at all. I could maybe see a PI against prohibiting transfers due to inheritance and the like, but I can't see one with any broad effect on the ban being issued. A ruling in the end against the AWB seems likely, IMO, but not a PI. I also think that the effect of a positive ruling will end up being stayed pending the inevitable appeal like in Duncan.

[FirearmFino]

PLAINTIFFS’ OPPOSITION TO DEFENDANTS’ MOTION TO STAY PROCEEDINGS

[Brown Guy]

What about 80% lowers would they have to require a serial number if manufactured at home

[Garrett52]

How would this work with ar pistols? If you own a semi auto ar pistol would you be able to remove the mag lock and run 10+ round mags?

[KINGZ06]

Sorry to be off topic a little, but if Judge Benitez's decision goes our way, would I be able to buy a Bushmaster XM-15 E2S and a 50 BMG rifle?

[sfvshooter]

Can we stop with the "...can I do this..." or "...I hope this happens..." posts and stick to the legal updates. Or maybe a moderator can remove unnecessary posts.

I'm trying to follow this and other legal updates threads and most of the comments aren't helpful at all.

[taperxz]

Originally Posted by FirearmFino

PLAINTIFFS’ OPPOSITION TO DEFENDANTS’ MOTION TO STAY PROCEEDINGS

JUDGE BENITEZ has just told CA DOJ to go pound sand on the stay request! This case is moving forward

[Solidsnake87]

That's a plaintiff's opposition. Where do you see that Benitez said anything? Nothing in that document says that.

[taperxz]

Originally Posted by Solidsnake87

That's a plaintiff's opposition. Where do you see that Benitez said anything? Nothing in that document says that.

It was just announced by FPC this afternoon

2020-1-15: Minute Order issued by the Honorable Roger T. Benitez: DENYING 25 Motion to Stay Proceedings Pending Resolution of Related Appeals; DENYING 27 Ex Parte Motion to Stay re 16 Motion to Dismiss for Lack of Jurisdiction Certain Claims in First Amended Complaint Motion to Dismiss for Failure to State a Claim, 22 Motion for Preliminary Injunction and Declaratory Relief Pending Ruling on Defendants' Motion to Stay. (no document attached) (gxr) (Entered: 01/15/2020)

[Echidin]

Originally Posted by taperxz

JUDGE BENITEZ has just told CA DOJ to go pound sand on the stay request! This case is moving forward

Excellent!

[Double Phister]

https://www.courtlistener.com/docket...erra/#entry-31

Minute Order issued by the Honorable Roger T. Benitez: DENYING 25 Motion to Stay Proceedings Pending Resolution of Related Appeals; DENYING 27 Ex Parte Motion to Stay re 16 Motion to Dismiss for Lack of Jurisdiction Certain Claims in First Amended Complaint Motion to Dismiss for Failure to State a Claim, 22 Motion for Preliminary Injunction and Declaratory Relief Pending Ruling on Defendants' Motion to Stay. (no document attached) (gxr) (Entered: 01/15/2020)