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

[SpudmanWP]

Here is the raw dump of Miller 1.
I'll be cleaning it up and merging Miller 2 into it.
When the Plaintiffs add a response, I will add them to the appropriate row.

I'll then start adding the Duncan, Rhode, and Fouts files.

All the sheets will be put into a single table.

https://airtable.com/shrVnkmENgDHNARBF

[ritter]

Here is the raw dump of Miller 1.
I'll be cleaning it up and merging Miller 2 into it.
When the Plaintiffs add a response, I will add them to the appropriate row.

I'll then start adding the Duncan, Rhode, and Fouts files.

All the sheets will be put into a single table.

https://airtable.com/shrVnkmENgDHNARBF

Thank you!!!

[JiuJitsu]

Well golly, I read the spreadsheet from CA and I just can't seem to find any "relevantly similar" or "well-established and representative historical analogue" [Bruen] for banning the purchase or possession of any rifles or firearms in the relevant time period.

[Bhobbs]

So, let’s say Benitez tosses these laws out in a full decision, and the 9th stays his ruling. Is SCOTUS more likely to address that stay than in Antonyuk because he made his ruling before the stay was put in place?

[SpudmanWP]

Given that SCOTUS GVRd Duncan the 9th should have a good reason to Stay.

[SpudmanWP]

Clean version of Miller1 up.
I've created a few macros to help so it's going better.

https://airtable.com/shrVnkmENgDHNARBF

[jcwatchdog]

[SpudmanWP]

Bianchi v. Frosh (1:20-cv-03495) out of the 4th circuit may get to SCOTUS first.

Bianchi is just a "motion to dismiss" case. That means that the original case was dismissed (ie no actual trial) and the 4th Circuit just heard oral arguments to reverse and force a trial. Their other option is to actually rule on the AWB.

It's not a strange thing as both Heller and Bruen got to SCOTUS as procedural rulings and never had proper trials.

[SpudmanWP]

lol, it looks like Miller and Duncan are just the same lists of 316 laws.
Talk about throwing everything at the wall.

I'll still load them separately in the sheet to preserve search criteria.

[Metal God]

[CurlyDave]

I do not think this represents a problem to us. Prior to the 14A in 1868 it would have been perfectly acceptable for individual states to infringe on US Constitutional rights. But the 14A extends Constitutional protections to all citizens and prevents the states from violating them.

[jcwatchdog]

[CGZ]

What I am seeing as I read through this spreadsheet. Is that there is a clear precedent without repeal or challenges of many Second Amendment restrictions . No it doesn’t appear that there are any that seem to be nationwide but there is clear evidence that just about every state did some sort of restrictions . That seems like a clear tradition to me especially for those of us that believe states have sovereignty over their own territory .

I’ve only read through 12 pages so far so I could be wrong but there definitely seems to be a pattern here .

I've seen multiple mentions restricting carry (usually concealed) of all types knives, sometimes including pistols. Next most often is the additional charges when they are used in a crime, followed by outright bans on their sale or possession.

These are what I found that prohibited the sale or possession, or imposed a tax (only went to 1868 when 14A was adopted). That were not overtly racist.

24 - 1813 Massachusetts: first outright ban of concealed carry of knives, pistols, etc. Previous had bans only when used in a crime.
31 - 1837 Alabama: tax on bowie knives
33 - 1837 Georgia: sale prohibition on knives, pistols, etc.
37 - 1837 Tennessee: sale prohibition on Bowie knives, Arkansas tooth pick
39 - 1839 Tennessee: sale/transfer prohibition; bowie knife, AR toothpick
47 - 1841 Mississippi: annual property tax on bowie knives
53 - 1850 Mississippi: annual property tax on bowie knives
54 - 1851 Alabama: additional tax on bowie knives and revolvers
55 - 1851 Chicago Illinois: ban on possession, sale and transfer of gun powder/cotton w/o permission
59 - 1854 Mississippi: annual property tax on certain knives and pistols
64 - 1856 Mississippi: annual property tax on certain knives
65 - 1856 Tennessee: prohibited sale of pistols and knives "excepted the transfer of a gun for hunting"
67 - 1858 St. Paul Minnesota: ban on possession, sale or transfer of gun powder/cotton without paying a payment. Can not own more than 1lb for personal use
81 - 1866 New York: banned use, possession, etc. of slungshot, billy, sandclub, metal knuckles, sword cane or air gun.
82 - 1866 North Carolina: tax on knives, pistols, etc. "used or worn during the year"
83 - 1867 Alabama: tax on pistols, revolvers and knives
88 - 1868 Florbia: prohibited manufacture or sale of slungshot or matallic knuckles

I also recommend reading the plaintiff's disagreements spreadsheet. It's for Ducan, but the citations of the spreadsheet are the same as Miller's. It can be found here

[eaglemike]

I've seen a multiple mentions restricting carry (usually concealed) of all types knives, sometimes including pistols. Next most often is the additional charges when they are used in a crime, followed by outright bans on their sale or possession.

These are what I found that prohibited the sale or possession, or imposed a tax (only went to 1868 when 14A was adopted). That were not overtly racist.

24 - 1813 Massachusetts: first outright ban of concealed carry of knives, pistols, etc. Previous had bans only when used in a crime.
31 - 1837 Alabama: tax on bowie knives
33 - 1837 Georgia: sale prohibition on knives, pistols, etc.
37 - 1837 Tennessee: sale prohibition on Bowie knives, Arkansas tooth pick
39 - 1839 Tennessee: sale/transfer prohibition; bowie knife, AR toothpick
47 - 1841 Mississippi: annual property tax on bowie knives
53 - 1850 Mississippi: annual property tax on bowie knives
54 - 1851 Alabama: additional tax on bowie knives and revolvers
55 - 1851 Chicago Illinois: ban on possession, sale and transfer of gun powder/cotton w/o permission
59 - 1854 Mississippi: annual property tax on certain knives and pistols
64 - 1856 Mississippi: annual property tax on certain knives
65 - 1856 Tennessee: prohibited sale of pistols and knives "excepted the transfer of a gun for hunting"
67 - 1858 St. Paul Minnesota: ban on possession, sale or transfer of gun powder/cotton without paying a payment. Can not own more than 1lb for personal use
81 - 1866 New York: banned use, possession, etc. of slungshot, billy, sandclub, metal knuckles, sword cane or air gun.
82 - 1866 North Carolina: tax on knives, pistols, etc. "used or worn during the year"
83 - 1867 Alabama: tax on pistols, revolvers and knives
88 - 1868 Florbia: prohibited manufacture or sale of slungshot or matallic knuckles

The next part of the process - were these challenged on the basis of a 2A right?

[CGZ]

The next part of the process - were these challenged on the basis of a 2A right?

some were. Read the plaintiff's disagreement spreadsheet; here It's for the Duncan case but the spreadsheet is the same as Miller's.