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

[Interpol]

Life wouldve been better with anyone to the right of Biden, but life can be a lot better than what we experienced under Trump.

It's much more likely that life would have been a lot worse. Have you forgotten who the other choice was in 2016?

Paul would make a good president, but he's as exciting as a plank of wood and Hillary would have wiped the floor with him in 2016. And like him or not, Trump DID follow through on his promises to nominate solid constitutionalists to the SCOTUS, which is why we're in the position we are today with gun rights.

[USMCmatt]

So what are your chances California gun owners? When do you expect a ruling on the motion to lift the stay? Rooting you all on!

[jcwatchdog]

So what are your chances California gun owners? When do you expect a ruling on the motion to lift the stay? Rooting you all on!

I thought the deadline was by this Friday, which should be 10 business days from when it was filed. Does anyone else have anymore info? Not that the stupid fks at the 9th will grant the request, but at least so we know where we stand.

[FirearmFino]

OPPOSITION TO MOTION TO LIFT STAY AND MOTION TO VACATE AND REMAND FOR FURTHER PROCEEDINGS (PDF)

[Dano2467]

OPPOSITION TO MOTION TO LIFT STAY AND MOTION TO VACATE AND REMAND FOR FURTHER PROCEEDINGS (PDF)

well after reading that looks like nothing is ever gonna change, just goanna sit there collecting dust and webs.

[curtisfong]

well after reading that looks like nothing is ever gonna change, just goanna sit there collecting dust and webs.

At the same time, any burden on Plaintiffs is minimized by the
undeniable fact that they have access to a range of other legal firearms—
including California-compliant AR-15 platform rifles

Lol Bonta. You're a joke. This will work on the very dim Staton, but not Benitez.

[cleonard]

OPPOSITION TO MOTION TO LIFT STAY AND MOTION TO VACATE AND REMAND FOR FURTHER PROCEEDINGS (PDF)

well after reading that looks like nothing is ever gonna change, just goanna sit there collecting dust and webs.

It's like the state lives is some kind of alternate reality where they don't have to mind what SCOTUS says. They just rehash the points that the NYSRPA opinion said they can not use.

I believe that they are trying to just get a few more weeks or months of ban. If Miller gets remanded to Benitez, what do they think is going to happen?

[NRA-Rider]

[cleonard]

I’m curious as to what end this tactic achieves? Why would a delay work in their favor … or how would it benefit their agenda?


I am the NRA and I ride …

If the motion succeeds then the sat is lifted and the public can buy so called assault weapons. If they remand it will keep stay in place just a little bit longer. Since the case is with Benitez, longer might only be hours.

The clock is ticking down to zero and they are trying anything to extend the game. They think that every hour that the public can't buy the firearm of choice is a win.

[Roswell Saucer]

OPPOSITION TO MOTION TO LIFT STAY AND MOTION TO VACATE AND REMAND FOR FURTHER PROCEEDINGS (PDF)

It is difficult to be objective in a case that involves my fundamental, enumerated constitutional rights however... with that said I feel like the NYSRPA v. Bruen decision changes nothing in terms of Benitez's opinion insomuch as he relied on the Heller decision which the SCOTUS reiterated is the proper (and only) test for determining whether a law violates the Second Amendment thus he should go ahead and lift the stay. As Judge Bumatay stated in his dissent to remand in a separate case post-NYSRPA there is no reason to prolong the inevitable.

[NRA-Rider]

I concede the petty argument: I think every time they invoke sua sponte en banc

[abinsinia]

There's a comment in there where they claim that "assault weapons" will flood into California if the stay was lifted, but at the same time arguing they are "dangerous and unusual" ..

If they are really dangerous an unusual how is it that everyone wants on ?

[Roswell Saucer]

There's a comment in there where they claim that "assault weapons" will flood into California if the stay was lifted, but at the same time arguing they are "dangerous and unusual" ..

If they are really dangerous an unusual how is it that everyone wants on ?

It's honestly a weak response. I feel like California is still reeling from NYSRPA and hasn't come to grips with the new reality.

[abinsinia]

It's honestly a weak response. I feel like California is still reeling from NYSRPA and hasn't come to grips with the new reality.

Yeah, It seemed desperate to me. They know they lose with Benitez , and they need more delays.

They had no real compelling reason to keep the stay in place, it was just them claiming their prior arguments still stand.

[jcwatchdog]

Who makes the decision one way or another for the stay to be lifted?