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

[ajb78]

I hope St. Benitez releases his opinion on the day of Feinstein's burial.

Newsolini's bday is coming up.

[GetMeCoffee]

I hope St. Benitez releases his opinion on the day of Feinstein's burial.

Hopefully before. I think she'd want a copy dropped in there to read later.

[AlmostHeaven]

I want the decision released as soon as possible to move the process along. Governor Newsom would not care one bit whether or not the ruling lands on his birthday.

[mroblivian]

I want the decision released as soon as possible to move the process along. Governor Newsom would not care one bit whether or not the ruling lands on his birthday.

Same we need to get the ball rolling.


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[AlmostHeaven]

Personally, I have both fingers crossed for Miller v. Bonta on Friday, October 6, followed by Rhode v. Bonta on Friday, October 20.

[Bhobbs]

Miller never got a ruling at the 9th, right? So would it go to a new panel or back the 3 judge panel?

[SpudmanWP]

Correct, it was being held waiting for Duncan.
It should proceed normally and "may" go back to the same 3-judge panel that was holding it.

[Bhobbs]

Correct, it was being held waiting for Duncan.
It should proceed normally and "may" go back to the same 3-judge panel that was holding it.

Miller will be interesting. The 9th can?t play the same game they did with Duncan. I?m interested in how Benitez responds. Will he give the state the same consideration and stay his ruling for 10 days or will he see how the 9th responded and not stay his ruling?

I hope we find out soon.

[tenemae]

Will he give the state the same consideration and stay his ruling for 10 days or will he see how the 9th responded and not stay his ruling?

I hope we find out soon.

The way the 9CA handled the Duncan stay and case appeal should be justification to not issue a stay in Miller. Giving CA an "assault weapon freedom week" would be a much more severe poke in the eye to CADoJ than the "magazine freedom week". They'd have to go through the effort to reopen registration for all the new assaulty rifles that were created overnight.

[ritter]

The way the 9CA handled the Duncan stay and case appeal should be justification to not issue a stay in Miller. Giving CA an "assault weapon freedom week" would be a much more severe poke in the eye to CADoJ than the "magazine freedom week". They'd have to go through the effort to reopen registration for all the new assaulty rifles that were created overnight.

Agree 100 percent.

In Duncan, he almost had to issue a stay or CA9 would have found fault in procedure since the state requested it. Now that CA9 has violated procedure in Duncan, it should be clear to Benitez that procedure doesn't matter, so screw the stay.

[Dvrjon]

The way the 9CA handled the Duncan stay and case appeal should be justification to not issue a stay in Miller. Giving CA an "assault weapon freedom week" would be a much more severe poke in the eye to CADoJ than the "magazine freedom week". They'd have to go through the effort to reopen registration for all the new assaulty rifles that were created overnight.

I only need 24 hours and a stay similar to the LCM case which allowed folks who acted during the open period to keep the status quo. I?ll have every evil feature back on the guns In hours.

The appeals will take years and in the interim every statute prohibiting previously-designated AW in the state (except named weapons) would be enjoined allowing use of the gun in its original incarnation. With the LCM stay in Duncan, we will have years of history with full weapons using LCMs and removable mags.

That should sink all of this nonsense and Newsom. Another, (and yet, untragic) boating accident.

[JiuJitsu]

Miller will be interesting. The 9th can?t play the same game they did with Duncan. I?m interested in how Benitez responds. Will he give the state the same consideration and stay his ruling for 10 days or will he see how the 9th responded and not stay his ruling?

I hope we find out soon.

Oh man, the Miller decision drop is going to be legendary.

CA lawmakers, the 9th, and Gavin D1ckbag are going to lose their minds. There will be tears, screaming, gnashing of teeth, and lots of incessant whining to the media. It will be glorious. I will raise my beer(s) to the dramarama and savor the outrage and butthurt emanating out of Sacramento and San Francisco.

And you can bet the 9th will be on speed dial to stay anything if Benitez doesn't. All of which will pile even more political pressure onto the 9th to somehow uphold CA's ridiculous and unconstitutional ban or stack the deck as they have in the past. Only now the public knows their game. And the fun part is, like Duncan, they can't uphold the AW ban without looking like corrupt political hacks by openly defying SCOTUS and case law. There simply is no THT to do what they want.

He11, I'll need to grab some extra popcorn for that one.

[Bhobbs]

Oh man, the Miller decision drop is going to be legendary.

CA lawmakers, the 9th, and Gavin D1ckbag are going to lose their minds. There will be tears, screaming, gnashing of teeth, and lots of incessant whining to the media. It will be glorious. I will raise my beer(s) to the dramarama and savor the outrage and butthurt emanating out of Sacramento and San Francisco.

And you can bet the 9th will be on speed dial to stay anything if Benitez doesn't. All of which will pile even more political pressure onto the 9th to somehow uphold CA's ridiculous and unconstitutional ban or stack the deck as they have in the past. Only now the public knows their game. And the fun part is, like Duncan, they can't uphold the AW ban without looking like corrupt political hacks by openly defying SCOTUS and case law. There simply is no THT to do what they want.

He11, I'll need to grab some extra popcorn for that one.

I'm sure the reactions will be fun but I guarantee Benitez will stay it. He doesn't seem like the kind of judge that would play games with his rulings.

[AlmostHeaven]

Oh man, the Miller decision drop is going to be legendary.

CA lawmakers, the 9th, and Gavin D1ckbag are going to lose their minds. There will be tears, screaming, gnashing of teeth, and lots of incessant whining to the media. It will be glorious. I will raise my beer(s) to the dramarama and savor the outrage and butthurt emanating out of Sacramento and San Francisco.

And you can bet the 9th will be on speed dial to stay anything if Benitez doesn't. All of which will pile even more political pressure onto the 9th to somehow uphold CA's ridiculous and unconstitutional ban or stack the deck as they have in the past. Only now the public knows their game. And the fun part is, like Duncan, they can't uphold the AW ban without looking like corrupt political hacks by openly defying SCOTUS and case law. There simply is no THT to do what they want.

He11, I'll need to grab some extra popcorn for that one.

May Friday, October 6, 2023 go down in gun rights history as assault weapons manufacturing day.

[AlmostHeaven]

Miller will be interesting. The 9th can?t play the same game they did with Duncan. I?m interested in how Benitez responds. Will he give the state the same consideration and stay his ruling for 10 days or will he see how the 9th responded and not stay his ruling?

I hope we find out soon.

Two more weeks? No, two more days!