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

[1911su16b870]

Back in the Heady Days of OLLs, it was a common thought. If AG Lockyer updated the 'by name' AWB list. That manufacturers could rename their models faster than the AG could add them to the list. In fact AG Lockyer got a bill passed that removed his ability to add make/models to the named list. That it would turn into a game of 'whack-a-mole' if he tried.

We also thought back in "the day" with OLLs and the Bullet Button if CA DOJ moved to make them AWs...we would be able to remove the BB after registration...and then CA DOJ played the "you make another AW if you alter the photos of your registered AW" card...

[BAJ475]

We also thought back in "the day" with OLLs and the Bullet Button if CA DOJ moved to make them AWs...we would be able to remove the BB after registration...and then CA DOJ played the "you make another AW if you alter the photos of your registered AW" card...

The problem back then was that it was not worth the cost to challenge CA DOJ over their new weapon position. And as it turned out NY gave us Bruen which will take out the whole AW ban BS and allow Californians the ability to remove their BBs and Mag locks.

[michigander]

Any chance Benitez references the Boland decision that came out today in his ruling?

[SpudmanWP]

Any chance Benitez references the Boland decision that came out today in his ruling?

Not likely as he had all his ducks in a row last time and only needs to refresh the sources & specifics.

[SpudmanWP]

MILLER Dropped..

Damn, wrong case

https://storage.courtlistener.com/recap/gov.uscourts.casd.743320/gov.uscourts.casd.743320.49.0_2.pdf

[abinsinia]

MILLER Dropped..

Damn, wrong case

https://storage.courtlistener.com/re...320.49.0_2.pdf

Yeah, miller 2 . I posted it on that thread.

[chris]

The problem back then was that it was not worth the cost to challenge CA DOJ over their new weapon position. And as it turned out NY gave us Bruen which will take out the whole AW ban BS and allow Californians the ability to remove their BBs and Mag locks.

Plus the crappy grips that we have had to use.

[Inoxmark]

Any chance Benitez references the Boland decision that came out today in his ruling?

As I understand it there's no decision, only preliminary injunction was granted. The case itself has not been decided.

[FreemanG]

As I understand it there's no decision, only preliminary injunction was granted. The case itself has not been decided.

Actually the order was a judgement enjoining the law. That is different than a preliminary injunction.

[ar15barrels]

Actually the order was a judgement enjoining the law. That is different than a preliminary injunction.

They are talking about Boland, not Miller II.

Boland is a preliminary injunction.
Miller II is a judgment.

Neither of those are the topic of this thread which is Miller.

[A-J]

Plus the crappy grips that we have had to use.

You should try the Thordsen grip. In a world where you can't run it the way it was designed, they offer a very comfortable alternative.

[TruOil]

You should try the Thordsen grip. In a world where you can't run it the way it was designed, they offer a very comfortable alternative.

I went that route to avoid registration as an "assault weapon", and they work well.

[algebraist]

Judgement entered by Judge Benitez:

https://storage.courtlistener.com/recap/gov.uscourts.casd.743320/gov.uscourts.casd.743320.49.0_3.pdf

1. ? 1021.11 is unconstitutional under the Supremacy Clause.
2. ? 1021.11 is unconstitutional under 1st amendment.
3. ? 1021.11 is unconstitutional under Equal Protection Clause.
4. Permanently enjoins defendants from bring action or motion for attorney's fees. Rob Bonta, Intervenor-Defendant Gavin Newsom are enjoined from implementing ? 1021.11

So that's no more fee shifting bollocks then.

[algebraist]

Apologies. Wrong thread, and already duped.

[EM2]

Apologies. Wrong thread, and already duped.

Which thread does it belong?