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

[Mr. Patis]

It's going en banc and they will rule against us...then we will appeal to the scotus which who knows what's gonna happen...I have a feeling I will be disappointed again.

[Palmaris]

[darkwater34]

The 9th Circuit Appeals Court is like the manufacturer of knock off real goods. Nothing is close to the real product and the crap doesn't work or grenades in the user's face.

[CGZ]

9CA taking Miller enbanc (right now to extend the stay) is unlikely. Miller never made it past the 3 judge panel. IIRC it was on hold pending Bruen and was kicked back afterwards. Though I'm uncertain what will happen if the 3 judge panel decides not to extend the stay, 9CA does play its games.

Duncan in contrast made it past enbanc up to SOCTUS where is was GVRed back down after Bruen. They at least had some excuse to take it as a comeback. Remember Duncan is being herd by the same 11 judge panel, so which judges were on Miller's panel the first time?

[XDJYo]

Putting a follow up in my calendar for 2026...

[WithinReason]

Great decision! Excellent analysis and repudiation of the State's examples. I understand why he stayed his ruling, but wish he hadn't.

[1911su16b870]

Benitez's Miller Opinion is extremely well written...worth the wait IMHO.

[AlmostHeaven]

After what happened with Duncan v. Bonta and the utterly shameless internal machinations, egregiously executed to ensure Second Amendment rights would not prevail in California, successfully completed by the Ninth Circuit, I cannot help but feel pessimistic about this decision having any effect for the next 2 years, let alone in merely 10 days.

The Supreme Court sleeps while We the People in California drown.

[AlmostHeaven]

Oct. motions panel,

WILLIAM A. FLETCHER, CONSUELO M. CALLAHAN and MARK J. BENNETT

Or at least the best info I can find. One Bush judge, and one Trump judge, except Bennett is not a very good Trump judge.

The September motions panel had a much better composition for affirming gun rights, but that opportunity has passed. Nonetheless, at least, the Second Amendment plaintiffs still have a nonzero chance of prevailing.

[ritter]

The September motions panel had a much better composition for affirming gun rights, but that opportunity has passed. Nonetheless, at least, the Second Amendment plaintiffs still have a nonzero chance of prevailing.

It is my opinion that AWBs are the most egregious example of non compliance with Heller, et. al. Perhaps the wobblers will be convinced. I doubt it, but perhaps. As you say, there's a nonzero chance.

[M1A Rifleman]

Meh, interesting, but meaningless as the 9th will stay like the mag ban and this will be balled up by the 9th for years. Maybe if we have luck, scotus will help, but history shows not.

[XDJYo]

It is my opinion that AWBs are the most egregious example of non compliance with Heller, et. al. Perhaps the wobblers will be convinced. I doubt it, but perhaps. As you say, there's a nonzero chance.

It's like the new Godzilla movie coming out. Minus 1...

[abinsinia]

Like Baghdad Bob during the first Gulf War in 1991, the State clings to a wish.
The State wants to believe that the firearms prohibited by the “assault weapon” ban are
not commonly owned or are not commonly owned for self-defense.

So California is losing badly, and yet they keep claiming their winners and nothing is going wrong!

[darkwater34]

Benitez's Ruling perfect, but just meaningless writings when the lefties read it. Sad very sad that people's rights hinge on how other people feel.

[Sgt Raven]

Well Gelhead and his Ambulance Chasing Attorney General is already sobbing to the 9th Circus begging for a P.I. and an extended stay on this case we all know it. So here we are same crap as Duncan v Bonta probably going to be high jacked by the 9th enbanc panel.

When was Miller ever before an En Banc panel at all?