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

[wolfwood]

here is the order

https://pdfhost.io/v/Ds2QT038c_ORDER_DENYING_EX_PARTE_MOTION_FOR_STAY.pdf

[Elgatodeacero]

Wrong thread for Rhode v. Beccera pleadings.

[Mr.patriot1776]

No it wouldn't because NFA items are governed differently from Assault Weapons (different Penal Codes).

AOWs aren't exempt from AW laws, it just exempts them from the STATE SBR/SBS law (they view SBR/SBS differently than the federal definition).

I think the interstate commerce point is what people are referring to. Its possible that another suite could be brought against the state for NFA items based on it burdens interstate commerce.

[tabascoz28]

Knowing Rhode V Bacerra was such a short window this time I'm thinking they learned from how Benitez might rule from last time and will have petitions to the 9th in place for this next one (Miller). Probably more important to have pictures and documentation of when you changed your guns to standard configuration when that ruling comes in.

[Mr.patriot1776]

Anyone have any idea why we got a ruling on Rhode and not Miller yet?

[gunuser17]

Let's see - Rhode filed in April, 2018 and Miller filed August, 2019. I expect that would explain some of the timing.

[Bolt_Action]

Benitez is continuing to hear cases right now via teleconference, right? If so that means he chose to delay Miller when he knew he could have heard it, and he wanted to wait until the pandemic/shutdown was over first.

Also, does the AG have to ask the judge who issues a ruling to stay his own ruling first before asking the 9th circuit to intervene? If so, how long can a judge wait before deciding to grant/deny a stay?

[69ELKY]

With a disappointing NYSPRA decision to moot I hope Benitez decides on Miller soon and give us some well deserved freedom back.

[Uncivil Engineer]

Miller won't be a freedom week. It will be another freedom hour. But I think that might be enough. I suspect once legal if you put a pistol grip on your featureless or remove a mag lock tour are good to go. I don't believe anyone will dros a new gun before the ninth shuts him down again. But just one hour will be enough for all the grip wraps and mag locks to drop like chains of bondage.


Short answer but what you want now so it's ready to go.

[tabascoz28]

There are 3 things at play in Miller correct? Features, Pistol features, and 30 inch requirement. I actually have an IWI Tavor 16 inch barrel conversion ready. The bullpup is currently 30 inches with an 18 inch barrel and 2 inch brake pinned. Can't have an upper ready for this so I have to start wrenching.

[Bolt_Action]

Miller won't be a freedom week. It will be another freedom hour.

I wouldn't be so sure. I don't think Benitez is very happy with the way his 100+ page ruling has been cast aside by people who obviously didn't bother reading it. He tested the machinery of the 9th circuit and is saving the best for last (Miller).

My guess is, after he rules the CA AWB unconstitutional, he will immediately be petitioned to put a stay on his ruling. But he knows this is coming, so this time he will not reply right away, but will get around to it as soon as he "reasonably" can. In order to maximize the freedom he's buying the people in CA, he will rule on a Friday afternoon (or even better, on the afternoon of Thurs July 2). Then he can easily give everyone at least a "Freedom 72 hours" after which, for our benefit, he will stay his own injunction. He will stay his own injunction for the same reason he did with Duncan: he gets to define the terms (which will include a grandfather clause for any purchasing/manufacture/etc that occurred during the injunction).

I think what they did with his latest ruling will have fired him up to the point where he may strike down PC 30600 in its entirety, including the .50 BMG ban.

I've got lots of stuff lined up to take full advantage of this ruling, and if it's as good as I hope I'll even have a Barrett M107 shipped same day express to my FFL.

So get your stuff lined up and ready to go: contact shippers and FFLs and have them aware of what's about to happen. When the ruling drops get to work ASAP and pay for overnight shipping, and MAKE SURE to document everything you do with multiple witnesses.

[tehDiceman]

I wouldn't be so sure. I don't think Benitez is very happy with the way his 100+ page ruling has been cast aside by people who obviously didn't bother reading it. He tested the machinery of the 9th circuit and is saving the best for last (Miller).

My guess is, after he rules the CA AWB unconstitutional, he will immediately be petitioned to put a stay on his ruling. But he knows this is coming, so this time he will not reply right away, but will get around to it as soon as he "reasonably" can. In order to maximize the freedom he's buying the people in CA, he will rule on a Friday afternoon (or even better, on the afternoon of Thurs July 2). Then he can easily give everyone at least a "Freedom 72 hours" after which, for our benefit, he will stay his own injunction. He will stay his own injunction for the same reason he did with Duncan: he gets to define the terms (which will include a grandfather clause for any purchasing/manufacture/etc that occurred during the injunction).

I think what they did with his latest ruling will have fired him up to the point where he may strike down PC 30600 in its entirety, including the .50 BMG ban.

I've got lots of stuff lined up to take full advantage of this ruling, and if it's as good as I hope I'll even have a Barrett M107 shipped same day express to my FFL.

So get your stuff lined up and ready to go: contact shippers and FFLs and have them aware of what's about to happen. When the ruling drops get to work ASAP and pay for overnight shipping, and MAKE SURE to document everything you do with multiple witnesses.

fine and well and all, but the AG set a time deadline where they were going to the CA9 no matter if Benitez responded or not. I don't think you'll get the full weekend because the AG will just call in a favor and get a 10pm ruling just like they did this time.

[snapsound]

I wouldn't be so sure. I don't think Benitez is very happy with the way his 100+ page ruling has been cast aside by people who obviously didn't bother reading it. He tested the machinery of the 9th circuit and is saving the best for last (Miller).

My guess is, after he rules the CA AWB unconstitutional, he will immediately be petitioned to put a stay on his ruling. But he knows this is coming, so this time he will not reply right away, but will get around to it as soon as he "reasonably" can. In order to maximize the freedom he's buying the people in CA, he will rule on a Friday afternoon (or even better, on the afternoon of Thurs July 2). Then he can easily give everyone at least a "Freedom 72 hours" after which, for our benefit, he will stay his own injunction. He will stay his own injunction for the same reason he did with Duncan: he gets to define the terms (which will include a grandfather clause for any purchasing/manufacture/etc that occurred during the injunction).

I think what they did with his latest ruling will have fired him up to the point where he may strike down PC 30600 in its entirety, including the .50 BMG ban.

I've got lots of stuff lined up to take full advantage of this ruling, and if it's as good as I hope I'll even have a Barrett M107 shipped same day express to my FFL.

So get your stuff lined up and ready to go: contact shippers and FFLs and have them aware of what's about to happen. When the ruling drops get to work ASAP and pay for overnight shipping, and MAKE SURE to document everything you do with multiple witnesses.

Purely for amusement, can you describe how your M107 experience would go?

i.e.

drop $12,000 on rifle + ??? on same-day shipping ($300?)

then what happens next?

EDIT: what comments do you think the FFL will have for you?

big crate shows up, presumably wood right? wonder what it looks like

will you have a little gathering of some kind for the unboxing?

then what happens, bring this to the nearby range and freak the crap out of everyone there?

[Uncivil Engineer]

Why not get a m107 chambered in 50dtc and call it a day.

[ar15barrels]

also what about the ammo?
would the topic being discussed relate to freeing up 50 cal ammo in kali?

What about the ammo?
There is no ban on 50 cal ammo in CA.
During non-shortage times, most well stocked gun stores have several boxes of 50BMG ammo for sale.