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

[CGZ]

A ruling in Miller at the district court level doesn't really help Washington. It only applies after 9CA issued their opinion in the inevitable appeal. If favorable, then it will effect all states in the 9CA to include Washington. But a case challenging Washington's AWB will still have to be litigated AFAIK.

[Dvrjon]

Interesting take on why it's taking so long.

https://youtu.be/7LYpvIjJwzQ

Sent from my SM-G998U using Tapatalk

Let?s see?the speaker wants to talk about, ?the interaction he possibly sees?, and the ?strange connection, if you would,??

He thinks Benitez is holding the AW ban decision to coincide with the hypothetical signing of a Washington AW bill on April 20th which is the anniversary of the Columbine shooting.

WHY would Benitez do that? There is nothing but downside to such a strategy. In fact, I would hope he would hold release of the decision until after April 20 to get some space from it. I realize Benitez has some deficiency in his evaluation of optics (equating the AR platform to a Swiss Army Knife; handcuffing a child in his courtroom, etc.) but I am hoping that he has the presence of mind to not purposely dovetail his decision with such an obvious political stunt in Washington State.

Additionally, April 20 is a Thursday?not the expected Friday weekend news cycle that has been used in the past.

So why would April 20 be a date to commemorate a bill signing?

• Perhaps it?s because April 20th is Adolph Hitler?s birthday?

• Perhaps it?s because April 20th is International Marijuana Day?

• Perhaps it?s because Earth Day is two days later?

[BAJ475]

Let?s see?the speaker wants to talk about, ?the interaction he possibly sees?, and the ?strange connection, if you would,??

He thinks Benitez is holding the AW ban decision to coincide with the hypothetical signing of a Washington AW bill on April 20th which is the anniversary of the Columbine shooting.

WHY would Benitez do that? There is nothing but downside to such a strategy. In fact, I would hope he would hold release of the decision until after April 20 to get some space from it. I realize Benitez has some deficiency in his evaluation of optics (equating the AR platform to a Swiss Army Knife; handcuffing a child in his courtroom, etc.) but I am hoping that he has the presence of mind to not purposely dovetail his decision with such an obvious political stunt in Washington State.

Additionally, April 20 is a Thursday?not the expected Friday weekend news cycle that has been used in the past.

So why would April 20 be a date to commemorate a bill signing?

• Perhaps it?s because April 20th is Adolph Hitler?s birthday?

• Perhaps it?s because April 20th is International Marijuana Day?

• Perhaps it?s because Earth Day is two days later?

"Nothing but downside"? Such as? The only downside I see is making those in CA wait longer.

[curtisfong]

24 hour news cycle. he should wait a day after the event.

[Dvrjon]

"Nothing but downside"? Such as? The only downside I see is making those in CA wait longer.

You’re too far away and have tunnel vision.

[Dvrjon]

24 hour news cycle. he should wait a day after the event.

1. Drop it on a Friday so it can die on the weekend news cycle.
2. Drop it a week after the Columbine anniversary after everybody has gone home and forgotten and it can?t be readily linked.
3. Drop it when the Judge is damn good and ready and is comfortable that he has addressed every angle of attack on appeal.

[SpudmanWP]

Given that he has 4 rulings on similar issues, maybe he is waiting to drop them all at the same time.

[IronsightsRifleman]

^^^^

[SpudmanWP]

Knowing his attention to detail, he may be going down the entire list of historical laws and explaining why each was not analogous.

There was a lot of ***** thrown on the wall by CA so this will take a while as he would first have to find the original text, in context, in order to review it.

He's insulating his ruling from any potential appeal.

[1911su16b870]

William Kirk from Washington Gun Law thinks Benitez is waiting for the Washington legislature to pass their unconstitutional AW ban prior to dropping the Miller opinion. He thinks they will do that on April 20th due to a bunch of anti-s scheduled to be in Washington for the "taking away your freedom party".

[19K]

William Kirk from Washington Gun Law thinks Benitez is waiting for the Washington legislature to pass their unconstitutional AW ban prior to dropping the Miller opinion. He thinks they will do that on April 20th due to a bunch of anti-s scheduled to be in Washington for the "taking away your freedom party".

Fingers crossed. Get the camera ready. We know they?ll appeal his decision but here?s to hoping it?s like the magazine issue. If we have proof of conversion before the decision is stayed we can legally own, possess, and use them. Camera is of course for verifiable proof of its possession during that time frame.

[SpudmanWP]

Why wait till after?

It would make for a better PI in WA to be able to say that they signed it even after Benitez ruled on the same issues especially given his penchant for very detailed rulings. On top of that, the Duncan decision is the fruit of a SCOTUS GVR so it's likely going to be fast-tracked through the 9th.

I want to know what the hell is going on with the 4th Circuit's handling of their AWB GVR.

[tast101]

My thinking is you’d want this ruling out, so that it can get to the 9th, based on the appeal we know is going to happen, which then would affect Washington etc. But this is a non-lawyer brain talking. But I guess maybe he was waiting to see how the roster appeal is going in the Renna case, which gives him time to write up his ruling and make it as airtight as possible. Wish I could be a fly on the wall or hear his thoughts.

[Bolt_Action]

At this point, the best thing we could hope for is some crazy, poorly worded ruling that completely dismisses all of our arguments and blatantly ignores all SCOTUS guidance. That way we could appeal to SCOTUS right away, instead of waiting 3 more years for nothing.

[Metal God]

Bolt Action, that’s a really interesting thought experiment . What would the 9th do with a rule that not only went against the Bruen precedent , it blatantly is unconstitutional at the same time . That would be an interesting thing to watch .