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

[cleonard]

Los Angeles county had a long line of Republican Sheriffs and they only issued a CCW to to very well connected. As a regular citizen, forget it. Pre Buren the Democrat Sheriff started issuing CCW permits to normal people. Not shall issue, but way better than before.

I'd say it's perhaps 99%, but not quite 100%.

Actually I think that the current Sheriff is a closet Republican. He may "come out" if he gets voted out.

[Bhobbs]

[Bolt_Action]

The vast majority of constitutional carry and shall issue ccw laws were codified long before anyone had heard of Bruen.

[Drivedabizness]

[QUOTE=Bhobbs;27388337].[/QUOTE]

Say rather they Courts simply warped the weak language and ignored the other, extremely clear language.

We keep hearing "rights aren't absolute". That's a straw man. No one is claiming the right is absolute. However, longstanding regulations doesn't mean you can regulate the right out of existence - as CA is attempting to do.

[taperxz]

[1911su16b870]

St. Judge Benitez opinion will be so wonderfully crafted (as his prior opinion) that the defendants will not have likelihood of success on appeal, and the 9th circuit appellate court will read, understand and recognize it and not grant the appeal.

We are now at the justice denied part of the AWB history.

[curtisfong]

St. Judge Benitez opinion will be so wonderfully crafted (as his prior opinion) that the defendants will not have likelihood of success on appeal, and the 9th circuit appellate court will read, understand and recognize it and not grant the appeal.

We are now at the justice denied part of the AWB history.

FIFY

[Sputnik]

As I understand it the 9th has no option to deny the appeal. They are required to accept it. The right to appeal is guaranteed, excluding SCOTUS.

[kcstott]

The vast majority of constitutional carry and shall issue ccw laws were codified long before anyone had heard of Bruen.

the point he made and I think you missed is that Bruen has caused all gun control to be questioned not just good cause carry licensing.

When all is said and done in California our laws are going to be rolled back to 1967. the THT test is huge and place severe limits on the government. problem is it's going to take time to hear all the cases and get favorable rulings.

[kcstott]

As I understand it the 9th has no option to deny the appeal. They are required to accept it. The right to appeal is guaranteed, excluding SCOTUS.

I don't know where you heard that from but appeals get denied all the time. You have a right to request appeal. but no guarantee of a hearing. The lower courts judgment will be reviewed and the appeal either granted or denied.

[jcwatchdog]

I don't know where you heard that from but appeals get denied all the time. You have a right to request appeal. but no guarantee of a hearing. The lower courts judgment will be reviewed and the appeal either granted or denied.

He just got confused because 100% of the cases that were won by our side were always granted an appeal to overturn

[Bolt_Action]

the point he made and I think you missed is that Bruen has caused all gun control to be questioned not just good cause carry licensing.

When all is said and done in California our laws are going to be rolled back to 1967. the THT test is huge and place severe limits on the government. problem is it's going to take time to hear all the cases and get favorable rulings.

[Sputnik]

I don't know where you heard that from but appeals get denied all the time. You have a right to request appeal. but no guarantee of a hearing. The lower courts judgment will be reviewed and the appeal either granted or denied.

[JiuJitsu]

As I understand it, the parties in this Federal civil case are entitled to an appeal with a three judge panel at the Federal Court of Appeals. An appeal can be requested beyond that to an en banc panel or to the Supreme Court but those requests do not have to be accepted by the courts (and usually are not).

[EM2]

Even in criminal cases I do not think appeals are guaranteed.
Typically the appellant would need to illustrate to a reasonable degree some sort of error may have taken place during trial.