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Miller v. Bonta 9th Ckt "assault weapons": Held for Duncan result 1-26-24

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  • Bolt_Action
    Senior Member
    • Dec 2012
    • 718

    Originally posted by Rafiki76
    Lose in the 9th Circuit and appeal to the Supreme Court who will agree to hear the case (grant cert)
    Any 4 of the following: Barrett, Thomas, Alito, Gorsuch, or Kavanaugh.

    Comment

    • AbrahamBurden
      Member
      • Jul 2011
      • 261

      Originally posted by sammy
      Translation?
      We lose the case in the 9th (most likely outcome because despite Gronald Blumpf's nominally pro-2A appointees, the balance of judges there are still sh*tlibs, making the odds of a randomly selected panel being in our favor pretty bad), then appeal it immediately to the Supreme Court where nominally we should get a 5-4 decision our favor: Trump's 3 appointees + Alito and Thomas. (I don't trust John Roberts for a second.)

      In that case, not only does the AW law in California get struck down, it would also invalidate AW laws nationwide (e.g. in New York, Maryland, or Massachusetts) and provide a much stronger judicial barrier to future laws trying to regulate AWs.

      All this would of course take likely years. President* Biden could even be out of office by then.

      Comment

      • Bolt_Action
        Senior Member
        • Dec 2012
        • 718

        Comment

        • SpookyWatcher
          Member
          • Apr 2015
          • 159

          Excellent!

          We didn't get kicked in the nachos today.

          But now we have 1,500 more days of getting kicked in the nachos before any real true chance at justice.

          And in 1,500 who knows what the SC makeup will look like.

          Comment

          • IVC
            I need a LIFE!!
            • Jul 2010
            • 17594

            Great news, we expected this win.

            It's going to the 9th and there will almost certainly be a stay. The true battle will be at the 9th and whether they decide to challenge SCOTUS to take the case. The true resolution is about two years out.
            sigpicNRA Benefactor Member

            Comment

            • Bhobbs
              I need a LIFE!!
              • Feb 2009
              • 11848

              Immediate stay means it will have zero impact. They will appeal and we will wait years. The stay shouldn’t be triggered unless they appeal it.

              Comment

              • Droops
                Junior Member
                • Dec 2010
                • 22

                Can some one briefly tell me the differences in challenges between Miller and Rupp.

                Thanks.

                Sent from my BLA-A09 using Tapatalk

                Comment

                • abinsinia
                  Veteran Member
                  • Feb 2015
                  • 4119

                  I guess we don't know who the judges are reviewing stay requests .. I think the 9th circuit hide those judges from us.

                  Comment

                  • Bhobbs
                    I need a LIFE!!
                    • Feb 2009
                    • 11848

                    I’m pretty sure Benitez issued the stay.

                    Comment

                    • Bhobbs
                      I need a LIFE!!
                      • Feb 2009
                      • 11848

                      Comment

                      • TempleKnight
                        Senior Member
                        • Aug 2009
                        • 918

                        Originally posted by Droops
                        Can some one briefly tell me the differences in challenges between Miller and Rupp.

                        Thanks.

                        Sent from my BLA-A09 using Tapatalk
                        In Rupp, the judge decided that AR15s are indistinguishable from M16s. This judge called BS. He noted that one is a machine gun and the other is just like any other semi.
                        sigpic

                        Comment

                        • jcwatchdog
                          Veteran Member
                          • Aug 2012
                          • 2571

                          Comment

                          • abinsinia
                            Veteran Member
                            • Feb 2015
                            • 4119


                            Benitez gave 30 days, they have to get another stay from a higher court before that. If not, the ruling becomes effective.

                            Comment

                            • Davidwhitewolf
                              CGN/CGSSA Contributor - Lifetime
                              CGN Contributor - Lifetime
                              • Apr 2007
                              • 705

                              Originally posted by Transient
                              Anybody else realizing 30 days from today is July 4th? Is the timing coincidental?

                              Sent from my SM-N960U using Tapatalk
                              I did not and all of a sudden it's dusty in here. Saint Benitez indeed.
                              sigpic
                              Honorary Board Member, the California Gun Rights Foundation
                              Opinions posted in this account are my own and not the approved position of any organization.
                              Yes I'm an attorney. No, this post does not contain legal advice or opinion.

                              Comment

                              • Richmond10mm
                                Member
                                • Sep 2015
                                • 173

                                Originally posted by spike90049
                                Same. Let's get this to SCOTUS and get finality
                                The Mighty 2nd is the finality. DC limo political stenchers can fart all they want. The argument was won 236 years ago. SCOTUS doesn't have any power over my God-given rights.

                                Comment

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