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

[SpudmanWP]

W. Kirk at WGL is fine up to 3:25, then he mixes Miller up with Duncan and the GVR from SCOTUS.

I caught that too. I was like "did I miss something?"

I see it as nearly pointless. About the only thing California gun owners have actually realized from SCOTUS and their strong hand is a un-greased rubber fist.

There are tens of thousands of Californians with a CCW today that would disagree with you.

Even if we 'win,' the State Legislature will simply do what D.C. did after Heller; i.e., devise a new 'law' which will then have to go through all the legal challenges. It's a tactic we see play out time and again.

The more suits we win, the easier it is to get a PI and the less likely the 9th can issue a stay. The only reason they can now is that Bruen is so new and "Bruen reaction" cases have not made their way back to SCOTUS.

[Sgt Raven]

^^^^^^^^^^

OFFS, are all Y'all Negative Nancy's trying to help NewScum? Why do you bother commenting here? Unless you just want everyone else to feel as helpless as you do. All Ya do is bring your negative energy to the rest of us.

[splithoof]

There are tens of thousands of Californians with a CCW today that would disagree with you.

Those tens of thousands don?t realize that SCOTUS did not give them anything; SCOTUS only affirmed what already had belonged to them, something that government had stolen by means of bad laws. Same goes for all these so-called assault weapon laws. Many here on Calguns do not remember what it was like being able to go over to their local gun shop and walking out with something like a HK-91, with all the factory intended features for example, or going to meet someone in a parking lot and buying or selling the same rifle in a manner that was completely legal as it should be now. Many think that getting rid of these bad laws gives them something new, when in reality it does not. They are so conditioned to being under the thumb of government that when a higher court is forced to get involved and correct bad laws, they get excited as if it were a Christmas gift. Freedom with firearms was ours to begin with, it was wrongly stolen. Now the government is throwing a fit because we demand it back.

[Bhobbs]

I caught that too. I was like "did I miss something?"



There are tens of thousands of Californians with a CCW today that would disagree with you.




The more suits we win, the easier it is to get a PI and the less likely the 9th can issue a stay. The only reason they can now is that Bruen is so new and "Bruen reaction" cases have not made their way back to SCOTUS.

And those CCWs will be nullified in two months.


The 9th is still using interest balancing. What makes you think they will change their behavior? They don?t actually have to abide by SCOTUS decisions. It?s an honor system and they have none.

[splithoof]

^^^^^^^^^^

OFFS, are all Y'all Negative Nancy's trying to help NewScum? Why do you bother commenting here? Unless you just want everyone else to feel as helpless as you do. All Ya do is bring your negative energy to the rest of us.

Not trying to bring negative energy, only pointing out REALITY based on decades of gun owning experience. I have donated lots of $$, attended public events, written many, many letters, etc, etc., and here we are. I?m not helping the tyrants in government; I do whatever I can to resist their BS. Most of which I will not post on a public forum.

[Dvrjon]

You sound like one of the DOJ lawyers arguing that the law doesn't say what it says and instead should be interpreted as something other than what it says because we need to think of the children.

Sir, first you claim I do not read; then you claim I am ignorant; now you slide to ad hominem attacks. Truly pitiful.

I do not believe anything in the court order will happen until it happens. Such is the Tao of the 9 CA.

[TruOil]

The November 3-judge panel has not been empaneled yet.

In the typical appellate matter, the judges do not read the briefs before all of them are filed , as that makes it much easier to follow the arguments being presented by each side. In a typical case, which this is not, the record and the briefs are reviewed and summarized by their law clerks first, along with a review of the case citations before the judge/justice does his/her own review.

[rplaw]

Sir, first you claim I do not read; then you claim I am ignorant; now you slide to ad hominem attacks. Truly pitiful.

I do not believe anything in the court order will happen until it happens. Such is the Tao of the 9 CA.

What you believe is irrelevant to the words in the order.

The motions panel was clear that continuances will not be granted on a streamlined basis and any other basis for a continuance requires good cause. Good cause will require more than "press of business" so the DOJ having multiple ongoing appeals for gun cases won't be a reason for granting a continuance

I'm also not entirely positive that there's enough time in the briefing schedule to allow for a formal motion for a continuance. I don't even think that a joint motion for a continuance will fly at this point. Nor would I expect plaintiffs to agree to one as it would only cause untimely delay for no purpose to plaintiff's or their counsel of record.

If you don't like what I post, there's an ignore feature built into the software. Amazingly you can actually use the feature and put me on a formal ignore list, or just fake it. Either way the end result is the same.

[dawgcasa]

Basically, the 9th Circuit failed to do proper analysis on issuing their stay of Duncan, then the three judge panel reviewing the stay request on Miller didn’t do ANY analysis and simply said “see Duncan”. They aren’t trying very hard to hide their bias when they won’t even go through the motions of pretending to follow proper procedure on the 4-step stay analysis. On the Duncan stay, the en banc panel basically said the State had shown a likelihood of prevailing … simply by using an interest-balancing argument. That’s a tip of their hand in the actual appeal. Frankly, I’m hoping that the 9th circuit finds in favor of the State in Duncan and in Miller, using their favorite interest balancing test … then plaintiffs will appeal to the Supreme Court and Thomas can issue an epic slap down saying “what part of ‘interest-balancing is DEAD’ did you not understand?”.

Sadly, that’s what we’ve grown to expect from the 9th circus of clowns.

[JiuJitsu]

To watch the 9th Circus continue to have their tantrums and blatantly ignore the case law and proper tests for 2A constitutionality is really a sight to behold. Pretty sad, actually. This is a civil right - in the Bill of Rights.

Their current unwillingness to follow SCOTUS almost feels similar to the post-segregation days when certain jurisdictions openly refused to comply with the Civil Rights Act.

[ritter]

To watch the 9th Circus continue to have their tantrums and blatantly ignore the case law and proper tests for 2A constitutionality is really a sight to behold. Pretty sad, actually. This is a civil right - in the Bill of Rights.

Their current unwillingness to follow SCOTUS almost feels similar to the post-segregation days when certain jurisdictions openly refused to comply with the Civil Rights Act.

Bingo.

[GetMeCoffee]

...
Their current unwillingness to follow SCOTUS almost feels similar to the post-segregation days when certain jurisdictions openly refused to comply with the Civil Rights Act.

The (gun control) laws themselves have a racist pedigree. Why not the judicial strategy as well?

[chris]

To watch the 9th Circus continue to have their tantrums and blatantly ignore the case law and proper tests for 2A constitutionality is really a sight to behold. Pretty sad, actually. This is a civil right - in the Bill of Rights.

Their current unwillingness to follow SCOTUS almost feels similar to the post-segregation days when certain jurisdictions openly refused to comply with the Civil Rights Act.

Democrats are racist and always have been. This is only proof that nothing has changed.

[SpudmanWP]

Not only do we have 10's of thousands of CCWs, Duncan, Miller, and many other suits have already been decided both at the PI and final stage based on Bruen. Yes, the 9th will try to slow down their application, but that is like holding back the tide with a broom.

[rplaw]

Not only do we have 10's of thousands of CCWs, Duncan, Miller, and many other suits have already been decided both at the PI and final stage based on Bruen. Yes, the 9th will try to slow down their application, but that is like holding back the tide with a broom.

There are approximately 40 million people in Ca. Celebrating that 10's of thousands of them have managed to be able to apply for a CCW permit (with many in some cases being held in slow-walk limbo for more than a year) isn't the win you think it is.