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

[Bolt_Action]

This may or may not have terrible significance; DOJ is a large agency with state employees entering into holiday season. Many other fairly ordinary staff scheduling/reallocation activities may occur as well.

It makes no difference who the attorneys are on either side. The merits of the case and the quality of the arguments have no bearing on the outcome. The only thing that matters is the composition of SCOTUS after the case arrives back at their doorstep.

[curtisfong]

It makes no difference who the attorneys are on either side. The merits of the case and the quality of the arguments have no bearing on the outcome. The only thing that matters is the composition of SCOTUS after the case arrives back at their doorstep.

Correct. Do not forget that in most cases (except the ones before Benitez), the courts will fix whatever defects it finds in the State's filings for them.

The State could be represented by a box of hair. The outcome would be the same.

[homelessdude]

I think you sell some pretty good lawyers short. Do you ever have anything positive to add?

[curtisfong]

I think you sell some pretty good lawyers short. Do you ever have anything positive to add?

If you are implying I'm selling the plaintiffs' lawyers short, I am doing no such thing.

In order for them to even have a *chance* of succeeding they have to be flawless, whereas Bonta could be replaced by a bowl of cat urine and it would not matter.

[Sgt Raven]

We will have to see who is on the 3 Judge panel & the En Banc panel. The makeup of the 9th has changed some from before. Trump helped us at SCOTUS, we will see if he helped us in the 9th...

[Lanejsl]

Here's the thing, and I would need folks smarter than me to opine, if Benitiez doesn't stay his decision, there will be a period of time between his final order and when the 9th grants an emergency appeal, correct? During that time, mod can be made to an AR correct? Theoretically that is.

[abinsinia]

Look to the two cases in New York on the CCIA laws. Both judges refused to give a stay on their opinions, and it took some time for the appeals court to gives stays. At least a week.

[TheNinja]

Here's the thing, and I would need folks smarter than me to opine, if Benitiez doesn't stay his decision, there will be a period of time between his final order and when the 9th grants an emergency appeal, correct? During that time, mod can be made to an AR correct? Theoretically that is.

I have no idea and am just guessing here. But even if we get a "freedom week" or whatever to modify our ARs, what's to stop the 9th to stay the decision or to appeal it.....and then if feature ban is held up (or stayed I guess) then we'd have to change them all back or be guilty of holding an illegal weapon?

Basically it feels like even if we get some time to modify our ARs, what's to stop the other courts and lawmakers to reinstating rules or creating new ones where we'd have to convert them back?

I can see being able to keep freedom week mags b/c they can't legally come and take my property from me.

Again....I have no real idea just playing devil's advocate a bit.

[Gator15]

I looked at the En Banc cases once, and besides 2A cases the other cases (or some of them) were immigration cases where the En Banc was used to prevent a deportation or something like that.

If you watched the en banc argument in Peruta your jaw would drop. Several of the justices questioned why not let low crime rural counties have lax CCW rules, while allowing high crime urban areas to have tighter restrictions or no CCW at all, since crime was such a problem in cities. Um, that is why you need CCW in cities! These folks are so anti gun that they equate "gun" reflexively with crime by default, and assume CCW holders will suddenly become crazed criminals and go on a shooting spree. Yeah, the gun just turns people evil.

[Sgt Raven]

I have no idea and am just guessing here. But even if we get a "freedom week" or whatever to modify our ARs, what's to stop the 9th to stay the decision or to appeal it.....and then if feature ban is held up (or stayed I guess) then we'd have to change them all back or be guilty of holding an illegal weapon?

Basically it feels like even if we get some time to modify our ARs, what's to stop the other courts and lawmakers to reinstating rules or creating new ones where we'd have to convert them back?

I can see being able to keep freedom week mags b/c they can't legally come and take my property from me.

Again....I have no real idea just playing devil's advocate a bit.

You legally acquired AWs. I think it would force CA to open the AW registry again. This time there wouldn't be any Bullet Button crap. Your single shot AR pistol just became a semi-auto detachable mag pistol. Just have to be ready to jump the minute it comes down.

Looks like there is movement next week in the 4th Circuit Bianchi v Frosh AWB case... https://youtu.be/v7sP_j90L80

[Bolt_Action]

You legally acquired AWs. I think it would force CA to open the AW registry again. This time there wouldn't be any Bullet Button crap. Your single shot AR pistol just became a semi-auto detachable mag pistol. Just have to be ready to jump the minute it comes down.

Looks like there is movement next week in the 4th Circuit Bianchi v Frosh AWB case... https://youtu.be/v7sP_j90L80

[ar15barrels]

We will have to see who is on the 3 Judge panel & the En Banc panel. The makeup of the 9th has changed some from before. Trump helped us at SCOTUS, we will see if he helped us in the 9th...

He did.
The 9th is just barely biased liberal now.
I think it's around 60/40 makup instead of 80/20 makeup like before.

[bwiese]

He did.
The 9th is just barely biased liberal now.
I think it's around 60/40 makup instead of 80/20 makeup like before.

One of the Trump nominees (from HI) wasn't too great, IIRC.
(But couldn't be worse than others in past..)

[bigdaddyz1776]

The CA DOJ will do whatever they want and we will comply. Doesn’t matter what the law says. If they don’t like the outcome, they’ll just arrest you if you don’t do what you’re told. That’s how it works. Look at their ruling about how it’s illegal to remove the bullet button from a RAW. That’s clearly not what they law says, but that doesn’t matter. Now they’re threatening the guy who makes the FIFY kit, even though it’s clearly legal. And we’ll do what we’re told, because the last we’re going to do is exercise our second amendment rights… we might lose our second amendment rights!

That is the hallmark of a nation's justice system in the third world like parts of Africa or South America or Asia.

The end result being that "The Law" only exists in the good and nice and clean areas. And the rest of the nation, is anything goes and nobody bothers with the government or its authorities, since they know its not for them but for the other.

Though Californian elites have made it their goal to reach that kind of society.

[Batman]

It's not a question of whether or not we comply, it's a question of whether or not we want to be the test case. Easy to pontificate the merits when your rights and possibly freedom aren't on the line. When you might lose everything just to try to prove the point is where the proverbial rubber meets the road.