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

[AbrahamBurden]

I'm really not sure why so many people here were getting their hopes up for a stay denial from the 9th. I mean, I'm sometimes more optimistic than most, but that was a loony amount of optimism.

I don't think anybody was realistically hoping that the 9th was ever going to deny the stay (they're filled with leftoid stooges), but my hope was that all the stuff about having to meet in person and bureaucracy taking time, would allow us to "run the clock" to the 4th of July and get Benitez's order in effect. Then anything that happened afterward would have to address all the standard config ARs that would almost certainly be made in even a 24-hour period and I don't think even the state could just criminalize tens of thousands of gun owners overnight willy-nilly.

[Toybasher]

July 4th party canceled ?

Can someone who knows legalese translate it?


What do they mean by "State of Arizona and others want leave to file a brief in OPPOSITION to a stay is granted"

I assume that's that big letter that was written by a bunch of free states saying don't stay this. So the OPPOSITION to the stay was granted? Meaning the stay was denied?

Oh, so it IS being stayed? But what's with the prior quote box saying the opposition to the stay was granted then?

What's this mean? Rupp v Bonta (Originally Rupp V Berrica) is apparently a different challenge to the Assault Weapon law. Is that the one people think is higher up in the system? Are they basically saying "Wait till Rupp v Bonta is done and whatever ruling applied there will apply to Miller"?

[AbrahamBurden]

Can someone who knows legalese translate it?

What do they mean by "State of Arizona and others want leave to file a brief in OPPOSITION to a stay is granted"

\

They mean that the other states' written brief is granted and that it'll be accepted for consideration in decision-making, but as we see it didn't stop the court from extending the stay on Benitez's judgement anyway.

[curtisfong]

Prediction: Rupp will lose and the 9th will vacate Miller, citing Rupp.

[HibikiR]

Prediction: Rupp will lose and the 9th will vacate Miller, citing Rupp.

Rupp can't proceed until the court finishes with Duncan, as mentioned earlier.

[rplaw]

They mean that the other states' written brief is granted and that it'll be accepted for consideration in decision-making, but as we see it didn't stop the court from extending the stay on Benitez's judgement anyway.

What the court did was play more shenanigans games.

They didn't rule on the 1. emergency stay, or 2. the stay pending appeal.

What they did instead was to stay the case pending the outcome of a different case which is stayed pending the outcome of yet a 3rd case.

Which effectively was a granting of an emergency stay without even having to consider a dam thing.

[Bhobbs]

Isn’t Rupp a much more limited lawsuit? Miller and Rupp aren’t even going after the same things.

[curtisfong]

Rupp can't proceed until the court finishes with Duncan, as mentioned earlier.

Easy enough to update.

Prediction: Duncan will lose, and the 9th will vacate Rupp if Rupp wins, citing Duncan
Then the 9th will vacate Miller, citing Rupp (or Duncan).

Isn’t Rupp a much more limited lawsuit? Miller and Rupp aren’t even going after the same things.

The 9th cares not about any of that.

[Bhobbs]

Clearly they don’t, given that Duncan is about magazines. I guess they can stay any gun case based on any other gun case. The 9th needs to be broken up. It’s a joke of a circuit. I guess our only hope is SCOTUS at this point, not that I have any faith in them.

[abinsinia]

I think Duncan will be stayed pending NYSRPA v. Corlett right after Duncan oral arguments tomorrow. Then we'll have a serious daisy chain.

[Uncivil Engineer]

Easy enough to update.

Prediction: Duncan will lose, and the 9th will vacate Rupp if Rupp wins, citing Duncan
Then the 9th will vacate Miller, citing Rupp (or Duncan).



The 9th cares not about any of that.

I think the ninth might have tipped their hand. Isn't the common thread here scrutiny. The ninth had used "intermediate scrutiny" which they water down to rational basis to waive away all protections of the second amendment.

St Benitez knows this which is why he spent so much time on defending his decision on all levels of scrutiny.

Even more than what does "bear" mean I expect scotus to finally set a proper level of scrutiny for 2a sooner rather than later. The justices see what is happening to Heller, Thomas is even public about it.

So either we see the ninth shutdown all these cases with their rational basis test and we go to scotus. Or scotus sets a proper scrutiny test and then the ninth needs to look for a new way to shutdown our cases or accept the have lost.

I think the good news is they linking all these cases together shuts down one avenue of attack. It admits that they all implicate the second amendment. So they have conceded that the second applies and they are locked into scrutiny or Hellers "common use" test which given the other states we clearly win on.

[curtisfong]

If the 9th was even remotely honest, they'd just vacate all 2A challenges en mass (based on standing, rational basis or intermediate scrutiny) and dare SCOTUS to do something about it.

But they're not. They're lying scum, pretending to be judges. They deserve nothing but scorn and derision.

[Bhobbs]

Scrutiny doesn’t matter. Anti gun judges can use any maneuver they want. Until they are actively held accountable, nothing will change. This stay makes it perfectly clear. They will bury anything they can’t avoid.

[Bhobbs]

If the 9th was even remotely honest, they'd just vacate all 2A challenges en mass (based on standing, rational basis or intermediate scrutiny) and dare SCOTUS to do something about it.

But they're not. They're lying scum, pretending to be judges.

[bigb0886]