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

[popeye4]

Unless you're a drunk fan at a bike race in Italy... https://youtu.be/QJBj3SOp80s

Sorry, had to lighten it up a bit. I'll let myself out now...

[glbtrottr]

Winkler is no friend of the 2A. NEVER forget.

[bwiese]

I’m sorry.

You wrote no friend of …
…and my brain read pandering smarmy self aggrandizing imbecile who likes to cherry pick and move goal posts.

I am suffering from PTSD after having attended his lectures - but as many #netoo victims are, it’s my fault for not having walked away from them or choosing to walk in in the first place.

I and others have met Winkler and talked 2A with him. [Can't remember if this was before/after McDonald, but I think it was
after Heller v DC.] He's legitimately an intelligent guy.

He's big on registration/permits/bkgd checks. However, he does understand the trivial difference btwn an "AW" and a semiauto
rifle and thought AW bans were not useful- esp given numbers involved (total deaths - including accidental, suicide, legitimate
SD shoots etc. and involving _all_ long guns of any type - are stuck around 800-ish per year)

His perceptions/predictions on how the courts have worked (til fairly recently) were correct [even if post 2010 rulings
contradicted Heller, that's indeed what they did and his predictions are correct.]

He is also (correctly) predicting Bruen will bring down lots of gun laws - and we're also seeing the start of that already.

[nick]

I could only get through about half way through the Harvard law review . I'm not buying there argument that the anti's can still use racist laws from the past because they were banning dangerous or unvirtuous people which is basically the same thing as banning felons or mentally ill people nowadays . What the hell is that kind of argument , I'll tell you - IT'S RACIST !!!! I'd love for the state to make that argument . OMG there is NOTHING in your skin color that indicates how unvirtuous or dangerous one might be and to think so is the very definition of racism . Anyone trying to compare banning someone based on there skin color or social status and someone proven to be a danger to society is comparing IDK apples to skyscrapers ??? Trying to argue we'll just take out the "backs can't" part and just add "anyone who" because it's basically the same thing is ridiculous . Oh please PLEASE have the state make that argument .

I wish I had the vocabulary to make my point stronger , I just know what that sure looks like to me .

Basically, that would be the argument that infringing on civil rights based on irrational, arbitrary, and capricious conditions is ok.

[SpudmanWP]

Here is the transcript from the 2022-12-12 Duncan, Miller, Rhode, and Fouts hearing.
Transcript provided by https://twitter.com/MorosKostas

https://drive.google.com/file/d/1ZlVbtI2h9-Qp14ryTeREeoR-Sj-fpxev/view

[eaglemike]

Here is the transcript from the 2022-12-12 Duncan, Miller, Rhode, and Fouts hearing.

https://drive.google.com/file/d/1ZlV...-Sj-fpxev/view

Thanks very much for that link!

[Metal God]

Alright time to see how good my memory really is lol

[Strafer]

Here is the transcript from the 2022-12-12 Duncan, Miller, Rhode, and Fouts hearing.
Transcript provided by https://twitter.com/MorosKostas

https://drive.google.com/file/d/1ZlV...-Sj-fpxev/view

Thank you for the link. I read all 51 pages.

One of my favorite lines from St. Benitez:

" We're going to get all this done, folks, in the time period that I have set.
As I said, these are important cases to the State and to the Plaintiffs and to the -- to the People of the State of California. So I want to move it along. And that's that."

Sent from my SM-G781V using Tapatalk

[Metal God]

Yeah reading though that brought back some memories. Like when the first plaintiffs lawyer started speaking and you see her saying excuse me several times . She was coughing and was having a hard time speaking . Finally the judge asks her if she wants water at which point the clerk brings over some water because the pitcher on plaintiffs table was empty .

[eaglemike]

Yeah reading though that brought back some memories. Like when the first plaintiffs lawyer started speaking and you see her saying excuse me several times . She was coughing and was having a hard time speaking . Finally the judge asks her if she wants water at which point the clerk brings over some water because the pitcher on plaintiffs table was empty .

Yeah, I remember that too.
I think there's an error on page 25. The transcript says "question for the missing link. but I'm pretty sure the judge said "quest for the missing link." I think he was making a point about the depth of research not being a "quest for the missing link" in evolution. There's a chance I misunderstood though.
Here's the paragraph below and using "question" instead of "quest" doesn't make as much sense. His use of the term "quest" and missing link" seemed apt under the circumstances.
"Mr. Kelly, with all due respect, Mr. Cornell and all
these other folks have been researching and writing on this
issue for 25 years. We're not here, looking -- this is not a
question for the missing link. We're not looking for truffles.
If it's a history and tradition, 25 years of research and
writing should have disclosed it by now."

MetalGod - do you remember this one?

[marcusrn]

Yeah, I remember that too.
I think there's an error on page 25. The transcript says "question for the missing link. but I'm pretty sure the judge said "quest for the missing link." I think he was making a point about the depth of research not being a "quest for the missing link" in evolution. There's a chance I misunderstood though.
Here's the paragraph below and using "question" instead of "quest" doesn't make as much sense. His use of the term "quest" and missing link" seemed apt under the circumstances.
"Mr. Kelly, with all due respect, Mr. Cornell and all
these other folks have been researching and writing on this
issue for 25 years. We're not here, looking -- this is not a
question for the missing link. We're not looking for truffles.
If it's a history and tradition, 25 years of research and
writing should have disclosed it by now."

MetalGod - do you remember this one?

Funny as hell "we're not looking for the missing link, we're not looking for truffles"! Great when he admonishes Attorney Kelly. "How long have you been on this case and you want Prof S Cornell to have three more weeks"? Kelly replies, Yes, three weeks your honor. Benitas quickly replies that Prof Saul Cornell stated to him in 2017 that he has been writing and researching the history and tradition of 2A for 20 yrs. "He's worked on it 25 yrs and what's he gonna do in 3 weeks"? You got to love this guy, listening to these people like high school kids with their BS. I appreciated as well how he didn't fall for "dangerous or unusual" claptrap for a minute. It was covered in Heller and any 9th grader should know it. Maybe cause he's Cuban he has more of an immediate awareness how important small arms should be to citizens. Thanks for the link and spot on reporting Metal God.

[JiuJitsu]

[johncage]

I would say that is true for the rabid, anti-gun judges. Thankfully a lot of judges, even ones appointed by Obama, Biden, etc, are applying Heller/Bruen correctly as we have recently seen in CO, NY, etc.

reluctantly. there will be a day when the judges will no longer do that

[Metal God]

MetalGod - do you remember this one?

Oh yes , another great moment in the hearing . The one thing You don’t get by reading the transcript is the pauses , looks and mannerisms by the judge and others . So much better being there but love reading it as well .

I’ll give you another moment that really sticks out to me and is not in any transcript. One of the plaintiffs lawyers ( won’t name which one ) before the judge even came in , Poured “there” self a cup of water . I caught it out of the corner of me eye . They were shaking so much I was literally surprised they got anything in the cup at all and while walking back to there seat the water almost shook out of the small cup . Lots of nerves up there and a couple lawyers were really nervous.

[tacticalcity]

Every time somebody posts a small part of me hopes there has been some movement on this despite already knowing we’re a month plus away from anything happening.