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

[Bolt_Action]

SCOTUS doesn’t care what the lower courts are doing with the 2nd.

I guess that’s why they granted cert to New York State Rifle & Pistol Association Inc. v. Corlett.

[gobler]

The only way we get our rights back will be to exercise them! The courts are corrupt.

[Bhobbs]

[lastinline]

Actually, Caniglia's firearms were securely locked in a safe. The officers lied to the Mrs. And told her that her husband had given them permission to take his guns. And conned her into opening the safe.

As well as the "unreasonable" entry that Rick mentions. Since that occurred while Caniglia was already in voluntary custody at the time.

And many in the LE community wonder why many folks like me, who were raised to always respect, believe, and support the police now have lost ALL respect, or have such disdain that they will absolutely not give two sihts about them when things go haywire. Truly sad state of affairs. An action such as happened in that case is nothing less than state sponsored terrorism.

[Richmond10mm]

They're lying scum, pretending to be judges. They deserve nothing but scorn and derision.

To be employed as an upholder of the Mighty Constitution and to screw up this badly--some employment records need to be compared with declared income eh mate.

[Bolt_Action]

[BeAuMaN]

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.

I was just going to post this. It checks both boxes that I associate with the 9th: clever and cowardly.

[natman]

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.

That's what it was. They granted Arizona and the other states permission to file the brief, then immediately ignored it.

[curtisfong]

I was just going to post this. It checks both boxes that I associate with the 9th: clever and cowardly.

Exactly. As I said, they're total scum. This is why I laugh at lawyers who tell me I should respect judges. The ones in the 9th (at least) are generally deserving of only contempt.

[Foothills]

It’s not that unusual to let states file amicus briefs. There might even be a judicial rule that creates a problem for the 9th if they don’t allow the briefs to be entered into the record. I don’t know procedure well enough to know the specific rule.

Scotus allows amicus briefs all the time. Ao if the states tried at the appeals court level and were denied, it probably increases the chance that Scotus takes the case on appeal and cites that as an error made by the 9th.

[Foothills]

Thinking about the daisy chain, the way Scotus limited NYSRPA v. Corlett to a specific question may be an attempt to discourage further daisy chaining. Duncan cannot reasonably be construed as being affected by the one question in the NY case, so there is no reason to stay proceedings pending the NY case.

Young might be a different matter, since the question is closely related.

[pacrat]

Originally Posted by pacrat View Post
Actually, Caniglia's firearms were securely locked in a safe. The officers lied to the Mrs. And told her that her husband had given them permission to take his guns. And conned her into opening the safe.

As well as the "unreasonable" entry that Rick mentions. Since that occurred while Caniglia was already in voluntary custody at the time.

And many in the LE community wonder why many folks like me, who were raised to always respect, believe, and support the police now have lost ALL respect, or have such disdain that they will absolutely not give two sihts about them when things go haywire. Truly sad state of affairs. An action such as happened in that case is nothing less than state sponsored terrorism.

Actually the prevarications and duplicity on the part of the cops in Caniglia only gets worse the more you know.

Cops lied to Caniglia, and told him if he went with them "voluntarily". They would NOT TAKE HIS GUNS. So he agreed. Once he was safely locked in the back seat of cruiser.

Then they lied to his wife, and told her that her husband had AGREED to have them take his guns for "safe keeping". So she complied, and opened the safe.

And after all was said and done with the hospital deeming him "NOT A DANGER TO HIMSELF OR OTHERS".

The cops doubled down on their lies and refused to return Caniglia's guns.

[IVC]

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.

It was pretty clear that the procedural process all but required a stay. There is too much at stake to leave it to a single judge at a district level to change the game.

Even those like myself, often labeled "optimist" by pessimists such as kcbrown, were clear that some sort of stay would be granted. The only trickery here is to chain cases that are not related, but even that is consistent with the 9th saying "we want to see what SCOTUS says about 2A."

Nothing to see here. Anyone actually believed there would be no stay?

[IVC]

Thinking about the daisy chain, the way Scotus limited NYSRPA v. Corlett to a specific question may be an attempt to discourage further daisy chaining. Duncan cannot reasonably be construed as being affected by the one question in the NY case, so there is no reason to stay proceedings pending the NY case.

Young might be a different matter, since the question is closely related.

SCOTUS always keeps questions narrow so it can isolate the individual legal points it wants to make. Nothing to do with the daisy chaining. They will take care of additional issues based on how lower courts react.

It's like parents dealing with stubborn and insubordinate kids. Takes times, but calm consistency prevails in the end. Just takes time.

[kuug]

Can someone explain to me why FPC is not planning an appeal to SCOTUS for this stay?