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Miller v. Bonta 9th Ckt "assault weapons": Held for Duncan result 1-26-24
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Courts don't need a reason for a stay. This is why SCOTUS telling them to either state one or expedite was such an unusual move.
There are not enough hours in the day for SCOTUS to micromanage lower courts. This was the easiest thing for them to do in order to get an actual opinion on paper.
Litigants are entitled to a rational explanation for the decisions the courts makes.
Absent that rational decision, a reversal is warranted because the absence of the explanation indicates that the decision was arbitrary and capricious on the part of the court.
Yet the SCOTUS did not do what was required.Some random thoughts:
Somebody's gotta be the mole so it might as well be me. Seems to be working so far.
Evil doesn't only come in black.
Life is like a discount bakery. Usually everything is just what you ordered. But, occasionally you come face to face with an unexpected fruitcake. Surprise!
My UtuberyComment
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Hear Newsom lament Benitez
Gov. Newsom endorsed legislation Wednesday that would ban people from carrying concealed guns into churches, public libraries, zoos, amusement parks, playgrounds, banks and all other privately owned businesses that are open to the public. The rule wouldn't apply if the business owner puts up a sign that says concealed guns are allowed.Force sh$#% on the back of reason
- Benjamin FranklinComment
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Look at the court now as compared to the court we had before Trump. Most court actions will never be fast enough for some people. It's their nature to complain. Why not sit back relax and watch what could be some major changes in the next few months. If they don't happen you will be all rested up to complain and I told you so some more. In the meantime some of us can enjoy the moment. JMOComment
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"Bruen, the Bruen opinion, I believe, discarded the intermediate scrutiny test that I also thought was not very useful; and has, instead, replaced it with a text history and tradition test." Judge Benitez 12-12-2022
NRA Endowment Life Member, CRPA Life Member
GLOCK (Gen 1-5, G42/43), Colt AR15/M16/M4, Sig P320, Sig P365, Beretta 90 series, Remington 870, HK UMP Factory Armorer
Remington Nylon, 1911, HK, Ruger, Hudson H9 Armorer, just for fun!
I instruct it if you shoot it.Comment
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Pre Bruen I bet the pro 2A Justices were counting noses.to see who was on their side. Neither side felt they had 5 sure votes. Plus they were looking for just the right case.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
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And you aren't going to change that on the internet.Comment
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Well, if you listen to Mark from four boxes diner, he said that Heller already established the text as informed by history standard and did all the historical analysis. Lower courts just decided to use the two step analysis instead.Comment
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Heller was good, but left the door open that Bruen closed.
Pols will always try to "get around" any ruling they can. They will even directly violate a clear ruling as long as nobody catches it.
A good example of that is the spate of "safe storage" laws that directly violate Heller.
Similarly, the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock makes it impossible for citizens to use arms for the core lawful purpose of self-defense and is hence unconstitutional.Last edited by SpudmanWP; 02-02-2023, 11:44 AM.Comment
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"Bruen, the Bruen opinion, I believe, discarded the intermediate scrutiny test that I also thought was not very useful; and has, instead, replaced it with a text history and tradition test." Judge Benitez 12-12-2022
NRA Endowment Life Member, CRPA Life Member
GLOCK (Gen 1-5, G42/43), Colt AR15/M16/M4, Sig P320, Sig P365, Beretta 90 series, Remington 870, HK UMP Factory Armorer
Remington Nylon, 1911, HK, Ruger, Hudson H9 Armorer, just for fun!
I instruct it if you shoot it.Comment
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Heller was good, but left the door open that Bruen closed.
Pols will always try to "get around" any ruling they can. They will even directly violate a clear ruling as long as nobody catches it.
A good example of that is the spate of "safe storage" laws that directly violate Heller.
Just the other day, Gov. Brillcream was giving an interview and said openly that they are trying to exploit "every loophole we can" to curtail gun rights.Proud CGN Contributor
USMC Pistol Team Alumni - Distinguished Pistol Shot
Owner of multiple Constitutionally protected toolsComment
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So what happens when the CaAWB goes away? Do SB23 registrations and the like get flushed?Lord, make my hand fast and accurate.
Let my aim be true and my hand faster
than those who would seek to destroy me.
Grant me victory over my foes and those who wish to do harm to me and mine.
Let not my last thought be 'If I only had my gun."
And Lord, if today is truly the day you call me home, let me die in an empty pile of brass.
NRA MemberComment
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