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

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  • MuayThaiJJ
    Senior Member
    • Apr 2020
    • 1333

    Thanks, 30515(a)(4)(A) it the one
    YouTube Channel: Nick Shoots Stuff
    Diablo Rod and Gun Club
    03-FFL and COE Holder
    CMAT GMAU

    Comment

    • SpudmanWP
      CGN/CGSSA Contributor
      CGN Contributor
      • Jul 2017
      • 1156

      In Benitez's original Miller ruling be enjoined all of 30515 and a bunch of other stuff.



      The features you are worried about are covered in the ruling.

      (a)?Notwithstanding Section 30510, ?assault weapon? also means any of the following:
      (1)A semiautomatic, centerfire rifle that does not have a fixed magazine but has any one of the following:
      . (A)A pistol grip that protrudes conspicuously beneath the action of the weapon.
      . (B)A thumbhole stock.
      . (C)A folding or telescoping stock.
      . (D)A grenade launcher or flare launcher.
      . (E)A flash suppressor.
      . (F)A forward pistol grip.
      (2)A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.
      (3)A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.
      (4)A semiautomatic pistol that does not have a fixed magazine but has any one of the following:
      . (A)A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
      . (B)A second handgrip.
      . (C)A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer's hand, except a slide that encloses the barrel.
      . (D)The capacity to accept a detachable magazine at some location outside of the pistol grip.
      (5)A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
      (6)A semiautomatic shotgun that has both of the following:
      . (A)A folding or telescoping stock.
      . (B)A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
      (7)A semiautomatic shotgun that has the ability to accept a detachable magazine.
      (8)Any shotgun with a revolving cylinder.

      Comment

      • Sgt Raven
        Veteran Member
        • Dec 2005
        • 3808

        Originally posted by MuayThaiJJ
        Thanks, 30515(a)(4)(A) it the one

        Check out Radian's Ramjet & Afterburner Comp & barrel for a Glock 19. IMO, it is better than a threaded barrel comp setup.



        sigpic
        DILLIGAF
        "Never attribute to malice that which can be adequately explained by stupidity, but don't rule out malice"
        "Once is Happenstance, Twice is Coincidence, Thrice is Enemy Action"
        "The flak is always heaviest, when you're over the target"

        Comment

        • SpudmanWP
          CGN/CGSSA Contributor
          CGN Contributor
          • Jul 2017
          • 1156

          Lol....

          Bonta bitching about the Plaintiff's request to remove irrelevant briefs from the record in the Duncan case.

          Comment

          • TruOil
            Senior Member
            • Jul 2017
            • 1930

            Originally posted by SpudmanWP
            Lol....

            Bonta bitching about the Plaintiff's request to remove irrelevant briefs from the record in the Duncan case.

            https://www.courtlistener.com/docket...can-v-becerra/
            Not quite. The local rules mandate that briefs are limited to 25 pages without leave of court to file a longer brief. Bonta did not seek leave of court when he filed a longer brief, and Plaintiffs moved to strike those portions that exceeded the page limit. Plaintiffs did file a 50 page brief, but also asked for court permission to do so. I would lay odds Plaintiffs' motion will be denied. Benitez is not about to allow any avenue for an issue on appeal on a minor procedural matter if he can avoid it.

            Comment

            • SpudmanWP
              CGN/CGSSA Contributor
              CGN Contributor
              • Jul 2017
              • 1156

              that's a fair take

              Comment

              • Sgt Raven
                Veteran Member
                • Dec 2005
                • 3808

                To everyone asking what is going to stop the 9th from delaying rulings on this and other 2A cases. This may be the answer.


                sigpic
                DILLIGAF
                "Never attribute to malice that which can be adequately explained by stupidity, but don't rule out malice"
                "Once is Happenstance, Twice is Coincidence, Thrice is Enemy Action"
                "The flak is always heaviest, when you're over the target"

                Comment

                • Bhobbs
                  I need a LIFE!!
                  • Feb 2009
                  • 11848

                  The 2nd circuit stayed a 140 page opinion with a 5 sentence ruling. That’s what got it to the SCOTUS.

                  Comment

                  • CurlyDave
                    Member
                    • Feb 2014
                    • 252

                    That is certainly part of it.

                    But a 1400 page opinion that ignored NYSRPA might have still gotten it to SCOTUS.

                    Comment

                    • ritter
                      Senior Member
                      • May 2011
                      • 805

                      Originally posted by CurlyDave
                      That is certainly part of it.

                      But a 1400 page opinion that ignored NYSRPA might have still gotten it to SCOTUS.
                      Lucky for us, CA2 failed to apply Bruen or write more than 5 words. It was kinda like "nener, nener, don't have to." Neither probably go over well with a Supreme Court Justice. Which is why NY is being directed to respond. Fingers crossed SCOTUS tells CA2 and NY to stuff it, enjoins the law and it dies in court.

                      Comment

                      • Libertarian777
                        Senior Member
                        • Jul 2010
                        • 576

                        Originally posted by CurlyDave
                        That is certainly part of it.

                        But a 1400 page opinion that ignored NYSRPA might have still gotten it to SCOTUS.
                        Think u misunderstand
                        The 140 page opinion was in the plaintiffs favor.
                        The 5 sentence 2nd circus stayed the opinion.

                        Comment

                        • Sgt Raven
                          Veteran Member
                          • Dec 2005
                          • 3808

                          Mark Smith strikes again...




                          sigpic
                          DILLIGAF
                          "Never attribute to malice that which can be adequately explained by stupidity, but don't rule out malice"
                          "Once is Happenstance, Twice is Coincidence, Thrice is Enemy Action"
                          "The flak is always heaviest, when you're over the target"

                          Comment

                          • Metal God
                            Senior Member
                            • Apr 2013
                            • 1839

                            Most popular is not the same as in common use . Like the most popular girl in school means what ...... that everyone is dating her ? OMG lets not start getting all happy . This means nothing and can easily be walked back . Don't read it how "we" want it to read , Read it how anyone can spin it .

                            Also IMHO these types of things are done on purpose . Throw something out there that that the other side will jump on and start yelling it at the top of there lungs . Only to come back and reasonably argue how insane the other side is for misrepresenting what you said . Making them ( us ) look incompetent and desperate .
                            Last edited by Metal God; 01-01-2023, 8:41 PM.
                            Tolerate
                            allow the existence, occurrence, or practice of (something that one does not necessarily like or agree with) without interference.

                            Anyone else find it sad that those who preach tolerance CAN'T allow the existence, occurrence, or practice of (something that they do not necessarily like or agree with) without interference.

                            I write almost everything in a jovial manner regardless of content . If that's not how you took it please try again

                            Comment

                            • jcwatchdog
                              Veteran Member
                              • Aug 2012
                              • 2575

                              Originally posted by Metal God
                              Most popular is not the same as in common use . Like the most popular girl in school means what ...... that everyone is dating her ? OMG lets not start getting all happy . This means nothing and can easily be walked back . Don't read it how "we" want it to read , Read it who anyone can spin it .

                              Comment

                              • Metal God
                                Senior Member
                                • Apr 2013
                                • 1839

                                Last edited by Metal God; 01-01-2023, 9:00 PM.
                                Tolerate
                                allow the existence, occurrence, or practice of (something that one does not necessarily like or agree with) without interference.

                                Anyone else find it sad that those who preach tolerance CAN'T allow the existence, occurrence, or practice of (something that they do not necessarily like or agree with) without interference.

                                I write almost everything in a jovial manner regardless of content . If that's not how you took it please try again

                                Comment

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