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

[SpudmanWP]

Don't want to pay ~$10 so I am waiting for someone else to bite the bullet and upload it to Courtlistener.

I logged into Pacer and found out the size (234 pages) but did not buy it.

Given the size, it's going to be a PITA to merge it into my unified table. I'll let you all know when it's merged to:

https://airtable.com/shrVnkmENgDHNARBF

[SpudmanWP]

The docs are up

https://www.courtlistener.com/docket/16069141/miller-v-becerra/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc

[BlessedHunter]

Is this the response to CA? Or are both sides filing briefs tonight?

[Sgt Raven]

I want to see the 5 page brief California was instructed to submit today. It's Genius, Judge Benitez told California to take their best shot in 5 pages. It will be interesting to see what BS they provide.

[homelessdude]

They nailed it. That was an excellent rebuttal of what the state was trying to use to justify their ban. The ninth will have to do some real gymnastics to use the states reasoning after Benetez bit## slaps them.

[abinsinia]

i think it's going to be one of those all night type deals the state has been doing recently.

[Pappy91W]

I am so lost, I thought today was going to be "THE DAY" our good Judge handed down what is in essence to CHRISTMAS to the gun owners of the state of California? Can someone help a confused old dude like myself as to what if anything happened today?

[CGZ]

I am so lost, I thought today was going to be "THE DAY" our good Judge handed down what is in essence to CHRISTMAS to the gun owners of the state of California? Can someone help a confused old dude like myself as to what if anything happened today?

The plaintiffs (gun owners) and defendants (the state) filed their briefs in response to the spreadsheet listing analogous laws that are supposedly similar to the laws being challenged. As of the time of writing the plaintiffs for Miller have uploaded their briefs and are currently available to read (can be found on court listener, go to the bottom of the first post on this thread for a link) we are still waiting for the briefs from the Duncan and Rhode case as well as the state's briefs for all the cases. (expect them sometime around midnight). The state was also ordered to file a 5 page brief focusing on one law they find most analogous for each case.

From here, both parties will be given 10 additional days to file response briefs to the briefs filed today. Those will be due on Monday, February 20. From there Judge Benitez will review all the summitted briefs and make his ruling (I would estimate no longer than one month after everything is submitted).

[Sgt Raven]

I am so lost, I thought today was going to be "THE DAY" our good Judge handed down what is in essence to CHRISTMAS to the gun owners of the state of California? Can someone help a confused old dude like myself as to what if anything happened today?

Watch this.

https://youtu.be/R1XfQ8XQnqA

[SpudmanWP]

There are 3 sets of submissions originally due. That is now 4.
1. Due 1/11 was CA's Historical Laws spreadsheets
2. Due 2/10 are Plaintiff's responses to CA's #1 submission
3. Due 2/10 are CA's 5-page "most relevant" brief (requirement added earlier this week).
4. Due 2/20 Responsive briefs from this order "Parties may file a responsive brief within 10 days thereafter."

In all but the Miller cases, #1 and #2 were filed on the same day. Due to the sheer amount of BS CA is throwing against the wall, the Miller Plaintiffs used their whole 30 days and submitted their #2 a few hours ago.

[SpudmanWP]

I've updated my Airtable with the new Miller Plaintiff Responses

https://airtable.com/shrVnkmENgDHNARBF

[ritter]

I can't wait for the state's 5-ply TP submittals.

[ar15barrels]

I am so lost, I thought today was going to be "THE DAY" our good Judge handed down what is in essence to CHRISTMAS to the gun owners of the state of California? Can someone help a confused old dude like myself as to what if anything happened today?

There is no scheduled "THE DAY".
There are only briefing deadlines at this point.
Today was ONE of the briefing deadlines.
In another 10 days, we have another briefing deadline.
Assuming there are no more motions or hearings, the case will be in the hand of the judge after the last briefing deadline.

There's NO schedule on when the judge will hand down a decision.

[SpudmanWP]

The TP has been filed but as usual, we'll have to wait till someone who uses ReCap downloads it from Pacer.

[dozer wright]

Supposedly these are some of the historical gun ban legislation The State of California came through with.
If so the State is seriously out of thier F-N mind
I apologize in advance for the copy paste.
Del. Laws 104,
Gun;
Sword;
slaves from
An Act For the
6. Negroes, ch. 43. clubs, swords, fowling oF pieces, pistols, other other Club: Fowling
Trial Of
c arying guns,
Pistol;
arms and
weapons
weapons
without the
master's special
license
Kentucky
1798 Ky. Acts
Prohibited
Gun;
106
negro, mulatto, Powder;
or Indian" from
Shot;
Club;
possessing or
Other weapon
carrying a gun,
powder, shot,
club, or other
weapon or
ammunıtion.
Prohibited any
Gun;
1799 Miss.
Powder;
Negro or
Laws 113,A
Law For The
Shot;
mulatto" from
Cub:
Regulation Of carrying gun,
Other weapon;
powder, shot,
Slaves
Ammunition
club, or other
weapon. Also
prohibits a
negro or
Year of
Enactment