Benitez vs. Ninth Circuit

[penguinman]

The timing was perfect. April Fools, Gavin out of country because he's dodging Laura Loomer in court, Commie Chavez day in CA...

just amazing. This looks orchestrated from the top-down by conservatives.

Also late on a Friday. It's almost like Benitez knew exactly what would happen.

[RockeroRic]

Keep the decision on Benitez's desk until the transformation of the 9th and SCOTUS is complete.

^^^ this is the best option

[Harambe]

Yup. I'm truly impressed by this counter-attack. It took 20 years. But ****in-a.

[bruss01]

Also late on a Friday. It's almost like Benitez knew exactly what would happen.

And Benitez out of town for a conference 4-2 & 4-3. Probably 1 day to review request and formulate "protection" then grant stay on Friday.

This protects those who jumped on the opportunity and gives Benitez some control over what happens next while the 9th tries to monkey wrench things.

[CCWFacts]

Totally agree. We want friendly Judge Benitez to write the stay, not have it written by a hostile panel in the 9th. I hope that Judge Benitez is delaying a few more days and then will write the stay. He can do things like give a one week time period for the freedom packages to arrive, protect people who ordered them, etc. The 9th panel could do the opposite and say that people need to immediately return their shipments or whatever. Who knows.

If he writes the stay there will be over a million new magazines here in the state, further weakening any kind of arguments the state is going to make against them.

[Alphahookups]

Totally agree. We want friendly Judge Benitez to write the stay, not have it written by a hostile panel in the 9th. I hope that Judge Benitez is delaying a few more days and then will write the stay. He can do things like give a one week time period for the freedom packages to arrive, protect people who ordered them, etc. The 9th panel could do the opposite and say that people need to immediately return their shipments or whatever. Who knows.

If he writes the stay there will be over a million new magazines here in the state, further weakening any kind of arguments the state is going to make against them.

What I don't understand, is how they can have you turn them in...they are legal under the currently climate, so what grounds do they have to have you turn them in?

[pink_toaster]

GOD BLESS JUDGE BENITEZ!!!!!!!!!!!!!!!!!!!!!!!!!!

[Neil McCauley]

Dems are going to try to do a weekend at Bernies with Ginsburg for the next decade...good luck

[AKSOG]

SCOTUS is free to pick the cases it hears. In its entire existence, they have only taken Cruikshank, Heller, and McDonald where interpretation of the 2d amendment was a central issue.

Dont hold your breath on SCOTUS rescuing us when the 9th takes a dump on us.

Recently took New York State Rifle & Pistol Association Inc. v. City of New York, New York

[Califpatriot]

SCOTUS is free to pick the cases it hears. In its entire existence, they have only taken Cruikshank, Heller, and McDonald where interpretation of the 2d amendment was a central issue.

Dont hold your breath on SCOTUS rescuing us when the 9th takes a dump on us.

The composition of the SCOTUS has changed with Kavanaugh. While Gorsuch for Scalia was essentially a like-kind exchange, Kavanaugh for Kennedy is a huge change. We know where Kavanaugh is on 2A rights from his writings while on the DC circuit. Even without Roberts, I think there's now four votes for cert on gun rights cases.

[jlist]

so what grounds do they have to have you turn them in?

It's always "public safety". They haven't needed anything more than that to put all the gun laws in place. They don't need any facts to justify the laws. Just because I can ...

[Califpatriot]

Totally agree. We want friendly Judge Benitez to write the stay, not have it written by a hostile panel in the 9th. I hope that Judge Benitez is delaying a few more days and then will write the stay. He can do things like give a one week time period for the freedom packages to arrive, protect people who ordered them, etc. The 9th panel could do the opposite and say that people need to immediately return their shipments or whatever. Who knows.

If he writes the stay there will be over a million new magazines here in the state, further weakening any kind of arguments the state is going to make against them.

I disagree. The 9th Circuit can say whatever it wants, but nobody is returning their mags when possession is merely an infraction. The longer the injunction is in place, the more mags are in the hands of Californians for decades to come. Facts on the ground will be established.

If Benitez denies the stay, as he almost certainly will, it'll be probably two more weeks until the 9th rules on the stay request. By that point, there will probably be a million or more new mags in the state.

Cucking never pays. The only thing that matters is facts on the ground. Keep the window open as long as possible and force them to go cry to the 9th. No one will hand over or destroy anything. Status quo has been changed.

This.

[Califpatriot]

Keep the decision on Benitez's desk until the transformation of the 9th and SCOTUS is complete.

As much as I'd like that, if he keeps it for more than a week or two, the AG will be justified (assuming you accept their broader argument about LCMs--if you don't, then it doesn't matter because the stay will be denied regardless) in saying that they've met the FRAP 8 requirement to ask the District Court for a stay first, and cannot wait longer.

[p7m8jg]

Don't forget about Caetano v. Massachusetts (2016), which established that 200k stun guns spread across 50 states qualifies for "in common use." We have ordered more >10 round magazines than that from Brownells alone.

Edit: it also established that the 2A applies to modern inventions. Stun guns are far more modern than semi-automatic rifles.

Unfortunately, Caetano is a per curiam decision when we always want a SCOTUS decision to be "defining" on the 2nd Amendment.

Lyle Denniston observed that the Court's opinion was the first direct interpretation of the meaning of the Second Amendment since the Court's 2008 ruling in Heller.[21] However, given the limited nature of the per curiam opinion, Denniston noted that "[t]he facts in this case do not necessarily stand as a definite constitutional declaration".[21]

[FullMetalJacket]

Keep this window open another couple of weeks, and we'll have enough standard cap magazines for a lifetime.