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

[taperxz]

Same for you then.

Which is exactly why we see absolutely no sales of listed stripped receivers.

No, no one buys them because you can't build anything worth doing on them anyway.

[ritter]

Duncan was a pro 3-Judge panel that was reversed by the en banc panel.

Yep. Every post-Heller CA9 3-judge panel that has found for plaintiffs has been subsequently overturned en banc.

[Chewy65]

The big one that was overturned en banc was Peruta v. San Diego, which finally has been vindicated, in spirit only, by Bruen.

[rrr70]

When does the word "weapon" designate a rifle? There is no ATF desgination on a rifle, receiver, pistol, shotgun or other as weapon

Simple to test. Order online a Bushmaster stripped receiver marked XM-15. Have it sent to your local dealer and do the Dros. The moment XM-15 is entered, dealer won?t be able to submit the Dros. The same if you put an SKS or Saiga in the model field.
Try it. Let us know how it works.

[taperxz]

Simple to test. Order online a Bushmaster stripped receiver marked XM-15. Have it sent to your local dealer and do the Dros. The moment XM-15 is entered, dealer won?t be able to submit the Dros. The same if you put an SKS or Saiga in the model field.
Try it. Let us know how it works.

I am a dealer. It will flag a rifle, not a receiver

XM-15CA will work just fine even on a rifle

[bwiese]

Simple to test. Order online a Bushmaster stripped receiver marked XM-15. Have it sent to your local dealer and do the Dros. The moment XM-15 is entered, dealer won?t be able to submit the Dros. The same if you put an SKS or Saiga in the model field.
Try it. Let us know how it works.

The XM15 might be challengeable regardless of computer system function,
esp if the intent is to make a nonsemiauto rifle. But that is senseless to
do given so mayy OLL receivers.

The issue of SKS rifle or receiver = perfectly legal: the only SKS prohibition is:
- if rifle has a detachable magazine;
- limited specific Chinese variant banned in 1997 by 'cleanup/buyback bill'

Saiga rifles are completely legal (if featureless) if not mfgr is NOT marked "Kalashnikov USA".
Tens of thousands of Saiga rifles marked RAAC (Russian-American Arms Corp) have been legally
sold in CA for decades.

[In 2006 I aided defense of a guy on AW charges relating to RAAC Saigas, charges were dropped -
he had a possession ban for 1yr, so he sold me the guns thru FFL as the DA relased the guns (after
1yr false assertion they were AWs]

Please read and understand the Harrot v County of Kings decision and
requirement of listing specificity, and that 'series' attribution can only
apply to AR and AK guns specifically and must be formally listed by
make and model.

[rrr70]

The XM15 might be challengeable regardless of computer system function,
esp if the intent is to make a nonsemiauto rifle. But that is senseless to
do given so mayy OLL receivers.

The issue of SKS rifle or receiver = perfectly legal: the only SKS prohibition is:
- if rifle has a detachable magazine;
- limited specific Chinese variant banned in 1997 by 'cleanup/buyback bill'

Saiga rifles are completely legal (if featureless) if not mfgr is NOT marked "Kalashnikov USA".
Tens of thousands of Saiga rifles marked RAAC (Russian-American Arms Corp) have been legally
sold in CA for decades.

[In 2006 I aided defense of a guy on AW charges relating to RAAC Saigas, charges were dropped -
he had a possession ban for 1yr, so he sold me the guns thru FFL as the DA relased the guns (after
1yr false assertion they were AWs]

Please read and understand the Harrot v County of Kings decision and
requirement of listing specificity, and that 'series' attribution can only
apply to AR and AK guns specifically and must be formally listed by
make and model.

I know that. But if you put an SKS or Saiga into the model field, Dros system gives you a warning that transfers of assault weapons is illegal. The same if you put S&W M&P 22, or Walther P22 without ?CA?.

[bwiese]

I know that. But if you put an SKS or Saiga into the model field, Dros system gives you a warning that transfers of assault weapons is illegal. The same if you put S&W M&P 22, or Walther P22 without ?CA?.

Unmodified SKS rifles are perfectly legal to transfer.
RAAC and perhaps coupla other mfgrs of featureless Saigas are legal to transfer.
Many of these have been transferred legally.

I am unclear why you are having problems, ...or... DOJ IT f*cked up the
system and we need to look into it!

Walther P22CA is not an AW, Walther P22CA _is_ a known AW due to all sorts of problems at DOJ.

[rrr70]

Unmodified SKS rifles are perfectly legal to transfer.
RAAC and perhaps coupla other mfgrs of featureless Saigas are legal to transfer.
Many of these have been transferred legally.

I am unclear why you are having problems, ...or... DOJ IT f*cked up the
system and we need to look into it!

Walther P22CA is not an AW, Walther P22CA _is_ a known AW due to all sorts of problems at DOJ.

That is what I am saying. If you are transferring Russian SKS or Saiga, and put those names into a model field, AW. Regardless of manufacture. Been this way for years.

[AlmostHeaven]

That literally bans all weapons. for some it's in the name. 9mm Parabellum literally translates as "9mm for war." Every firearm was at one time equivalent to a weapon of war.

However, it goes further. A pointy stick was at one time the tech of war. All could be banned as weapons of war.

Every single country that has gone down the road of weapons restrictions started with banning fully-automatic weapons, then military-style semi-automatic weapons (California is here), then all semi-automatic weapons, then all handguns (some states were here before District of Columbia v. Heller), then pump-action shotguns, then centerfire rifles, and finally everything else.

Countries such as Australia, where even air guns are banned, prove beyond the shadow of a doubt that leftist gun control activists intend to push all the way to full civilian disarmament. Make no mistake; Governor Newsom absolutely means for this amendment to enable the government to eventually reach the gun laws of Australia and Japan, despite the supposedly moderate rhetoric.

[AlmostHeaven]

Yep. Every post-Heller CA9 3-judge panel that has found for plaintiffs has been subsequently overturned en banc.

I read that the Ninth Circuit is 52 for 52 in ruling against Second Amendment plaintiffs to uphold gun control statutes. There is no question that the appellate court behaves as if the right to keep and bear arms does not exist.

[AlmostHeaven]

Roberti-Roos = Type 1 AWB
Kasler = Type 2 AWB
SB23 Features = Type 3 AWB

Which assault weapons ban type does Miller v. Bonta, the subject of this thread, challenge? All three or just a selection?

[SpudmanWP]

Miller is Type3

[Sgt Raven]

Unmodified SKS rifles are perfectly legal to transfer.
RAAC and perhaps coupla other mfgrs of featureless Saigas are legal to transfer.
Many of these have been transferred legally.

I am unclear why you are having problems, ...or... DOJ IT f*cked up the
system and we need to look into it!

Walther P22CA is not an AW, Walther P22CA _is_ a known AW due to all sorts of problems at DOJ.

Wasn't there a type of muzzle device on some SKS type rifles that had to be changed/removed? That it was considered to be a grenade launcher?

[taperxz]

Wasn't there a type of muzzle device on some SKS type rifles that had to be changed/removed? That it was considered to be a grenade launcher?

That?s the Yugo M59. Which looks like an SKS but is not considered an SKS

Even many of the parts are not interchangeable with the SKS