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

[abinsinia]

They made it a whole other case, so it would have the briefs and hearings. They just want Benitez to hear it.

[Bhobbs]

It’s a delay tactic. They are hoping to stall long enough for the SCOTUS to be reshaped.

[Metal God]

Oh sorry and thanks . Why would the state be arguing so hard against then . I mean I understand for the obvious reason ha ha but if this is a completely new case is it normal for one side to argue against not having a specific judge when there is no conflict of interest ?

[champu]

Oh sorry and thanks . Why would the state be arguing so hard against then . I mean I understand for the obvious reason ha ha but if this is a completely new case is it normal for one side to argue against not having a specific judge when there is no conflict of interest ?

[curtisfong]

Forum shopping is still critical post NYSRPA v Bruen. Good to see there are some that understand it.

[kuug]

[pbreed]

Verifying I have my dates correct...
So written response is due 45 days after 8/29 or On October 13th. Then responses 15 days after that.
Are these calendar days or work days?

So by end of October it should all be in the hands of Judge Benitez and we could see a ruling as soon as he can reasonably pretend to consider whatever Bonta cooks up in response to SCOTUS? So early November?

[Bhobbs]

Calendar days. We are less than 2 weeks out from the due date for the state briefs.

[ritter]

We are less than 2 weeks out from the due date for the state briefs.

I for one simply can't wait to read how assault weapons look like military weapons and are therefore not protected by the 2A because 2A is only about hunting unless you're in a state militia which California does not have so banning them is totally cool under the new SCOTUS ruling. Or something... /s

[chiefcrash]

... unless you're in a state militia which California does not have...

You are mistaken sir:

122: The militia of the State consists of all able-bodied male citizens and all other able-bodied males who have declared their intention to become citizens of the United States, who are between the ages of eighteen and forty-five, and who are residents of the State, and of such other persons as may upon their own application be enlisted or commissioned therein pursuant to the provisions of this division, subject, however, to such exemptions as now exist or may be hereafter created by the laws of the United States or of this State.

Every able-bodied male aged 18-45 is a member of the California militia...

[Sgt Raven]

I for one simply can't wait to read how assault weapons look like military weapons and are therefore not protected by the 2A because 2A is only about hunting unless you're in a state militia which California does not have so banning them is totally cool under the new SCOTUS ruling. Or something... /s

Actually California does have a State Militia.


California Military and Veterans Code

Sec. 120

[ritter]

Thanks, lads, for leading me to the truth. Apparently, CA's gun laws are so out of touch, sarcasm doesn't even work...

[JiuJitsu]

Saint Benitez requested both parties have 45 days to file simultaneous additional briefs and 15 days thereafter to file responsive briefs in light of Bruen. The Court will then decide whether to schedule any hearings or decide the case on the record.

[ar15barrels]

Every able-bodied male aged 18-45 is a member of the California militia...

Does that mean that I can no longer claim to be in the militia if I am older than 45?

[Drivedabizness]

Does that mean that I can no longer claim to be in the militia if I am older than 45?

Dunno - but militia service is severable from your RTKBA