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

[Harry Ono]

too bad no freedom week......was hoping for my stocks in S&W and COLT would increase damn disappointed.

Wait for end of month when another domino will fall.

In 2019, Benitez granted summary judgment in a lawsuit against California's ban on large capacity magazines.[6] The opinion addressed the lengthy history of firearms and self-defense rights in America, and the roots in English history. California Attorney General Xavier Becerra appealed the ruling to the 9th Circuit. In 2020, a three-judge panel affirmed Benitez's grant of summary judgment in a 2-1 decision authored by Judge Kenneth Lee.[7] The attorney general requested an en banc rehearing of the case,[8] and on February 25, 2021, the court stated that it would rehear the case[9] and scheduled a hearing for June 22nd, 2021.

[92E2]

I can't find where, but I thought somewhere it said his defense of his decision was like 700-1,400 pages?

Can anyone confirm?


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From the WaPo ...

"... U.S. District Judge Roger Benitez of San Diego ruled that the state's ... In his 94-page ruling, the judge spoke favorably of modern weapons ..."

https://www.washingtonpost.com/nation/2021/06/05/california-assault-weapons-ban-overturned/

The PRK will figure out how to put this ruling into indefinite litigation, ...., for the kids.

[SWalt]

Gavin is on notice that he may get the boot. I have not gotten through all the responses in the thread, but what about the Prop 187 avenue?
1) Gavin gets the boot
2) New gun-friendly governor is elected
3) New gov says "California has been wrong: Benitez is right. No appeal."

That would be something! Turn about is fair play? I didn't like that CA didn't follow its Constitutional duty to defend its laws then, especially when passed by the voters, not sure if I would now. But then again, they did do it first.

[BAJ475]

And SBRs, SBSs, Off Roster pistols, .50BMG rifles and Silencers.

[92E2]

While Benitez's ruling was solid as usual, I don't understand giving California any "good" will with the stay. ....

Yep, as if the past 30 years wasn't long enough. How about time served or anti-2A reparations ???

[Librarian]

How about removing the BBs from my RBBAWs?

Not until
-- appeal to 9th
-- -- en banc at 9th
-- -- -- request to SCOTUS for certiorari
-- -- -- -- potential favorable ruling from SCOTUS

About 3 years, I'd guess.

[OCEquestrian]

It would be nice if we could hold legislators who knowingly infringe on the Constitution/ bill of rights criminally and civically liable for their transgressions

[Yodaman]

From the WaPo ...

"... U.S. District Judge Roger Benitez of San Diego ruled that the state's ... In his 94-page ruling, the judge spoke favorably of modern weapons ..."

https://www.washingtonpost.com/nation/2021/06/05/california-assault-weapons-ban-overturned/

The PRK will figure out how to put this ruling into indefinite litigation, ...., for the kids.

Thank u!


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[3B830]

[AK5.56]

It would be nice if we could hold legislators who knowingly infringe on the Constitution/ bill of rights criminally and civically liable for their transgressions

[wireless]

Are there any other AWB cases farther up in the circuit courts or the 9th? not to be a downer, but this doesn't really mean anything, unless en banc panel knocks down AWB. While this is a great for our spirits, I've seen these type of cases overturned at the circuit level many, many times. I'd really feel much better for SCOTUS was having an AWB case asked for cert with the current make up.

[aBrowningfan]

Not until
-- appeal to 9th
-- -- en banc at 9th
-- -- -- request to SCOTUS for certiorari
-- -- -- -- potential favorable ruling from SCOTUS

About 3 years, I'd guess.

A bit optimistic. I would guess 5.

[Bolt_Action]

Why does everyone keep assuming that this is going en banc? You guys know that only happens if we win the appeal to the 9th, right? I thought the 9th circuit was still slightly liberal, so it seems likely (and I hope we do) lose on appeal. Skip the middle man and save 12-18 months.

[aBrowningfan]

And SBRs, SBSs, Off Roster pistols, .50BMG rifles and Silencers.

I am curious about the intersection of Off Roster pistols and AWs. For example, is the LWRC SMG45 ( https://www.lwrci.com/SMG-45-Pistol-SB-Brace_p_268.html ) a pistol or an AW? It has the evil attributes of an AW, but fires a pistol-caliber cartridge with a barrel length that is shorter than 16"....

Lets say that the ruling in Miller is upheld, does that mean that it becomes legal to purchase assault pistols like the SMG45? Or?

I would really like to be able to own an SMG45 in CA, but I am thinking the pistol Roster will be used to block that from happening.

[aBrowningfan]

Why does everyone keep assuming that this is going en banc? You guys know that only happens if we win the appeal to the 9th, right? I thought the 9th circuit was still slightly liberal, so it seems likely (and I hope we do) lose on appeal. Skip the middle man and save 12-18 months.

We won Duncan at the 3-judge panel level, and now guess what - we are in en banc purgatory.