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

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  • ar15barrels
    I need a LIFE!!
    • Jan 2006
    • 56983

    Originally posted by Bolt_Action
    The question we need to be asking ourselves here is: if Benitez totally strikes down the entire AW ban, and the DOJ refuses to recognize his order, what do we do?
    They won't "refuse to recognize" the order.
    They will simply appeal the decision to the 9th circus and get an immediate injunction of the order to "maintain the status quo" while the case proceeds on appeal.

    We continue the process in the 9th circus.
    Randall Rausch

    AR work: www.ar15barrels.com
    Bolt actions: www.700barrels.com
    Foreign Semi Autos: www.akbarrels.com
    Barrel, sight and trigger work on most pistols and shotguns.
    Most work performed while-you-wait.

    Comment

    • Bolt_Action
      Senior Member
      • Dec 2012
      • 718

      Originally posted by ar15barrels
      They won't "refuse to recognize" the order.
      They will simply appeal the decision to the 9th circus and get an immediate injunction of the order to "maintain the status quo" while the case proceeds on appeal.

      We continue the process in the 9th circus.
      My understanding is they are required to request a stay from Benitez first. He denied their request in Rhode, and after that they immediately went to the 9th. Benitez knows this is their plan again this time around, so I’m sure he’ll do whatever he can to make sure they aren’t successful. The AG, frustrated by this, decides to ignore the court’s “unlawful” order and threatens anyone who acts against their wishes with arrest. It wouldn’t be the first time, this is essentially what AG Harris did when she denied handgun purchasers with 03 FFLs their right to purchase more than 1 handgun/month. This state has shown us their antigun beliefs are the law, regardless of what the law says.

      Comment

      • Tactical Bean
        Member
        • Sep 2017
        • 226

        Originally posted by ar15barrels
        They won't "refuse to recognize" the order.
        They will simply appeal the decision to the 9th circus and get an immediate injunction of the order to "maintain the status quo" while the case proceeds on appeal.

        We continue the process in the 9th circus.

        Comment

        • Bolt_Action
          Senior Member
          • Dec 2012
          • 718

          My understanding is that even the supreme courts orders have been ignored before (Worcester v. Georgia). Ignoring the order of a district judge is a much lower bar.

          Comment

          • jcwatchdog
            Veteran Member
            • Aug 2012
            • 2571

            Why didn’t they refuse to recognize the order about high capacity magazines?

            Comment

            • AbrahamBurden
              Member
              • Jul 2011
              • 261

              Just wondering if a hypothetical "freedom week" would require registration (absolute worst case). In that instance it wouldn't be worth converting your rifles to standard config and registering them at all, lest you end up like this guy:

              Comment

              • Librarian
                Admin and Poltergeist
                CGN Contributor - Lifetime
                • Oct 2005
                • 44629

                12 off-topic posts deleted.

                Stick to the facts and events of this case, please.
                ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                Comment

                • ????? ????
                  Senior Member
                  • May 2014
                  • 991

                  From San Diego County Gun Owners (SDGCO)

                  Comment

                  • kuug
                    Senior Member
                    • Aug 2014
                    • 773

                    SDCGO2A: "The judge decided to not grant an injunction. Instead he wanted to fast track the court date. So the court date for the Miller v Becerra case is going to be January 21st."

                    Benitez has let us down, no PI, even with ACB on the high court next week. What the actual ****

                    Comment

                    • Bolt_Action
                      Senior Member
                      • Dec 2012
                      • 718

                      Best thing that can happen is we lose this case at the 9th circuit ASAP and hope that SCOTUS grants cert.

                      Comment

                      • ar15barrels
                        I need a LIFE!!
                        • Jan 2006
                        • 56983

                        Originally posted by kuug
                        SDCGO2A: "The judge decided to not grant an injunction. Instead he wanted to fast track the court date. So the court date for the Miller v Becerra case is going to be January 21st."

                        Benitez has let us down, no PI, even with ACB on the high court next week. What the actual ****
                        He knows Basura would just go over his head and get an emergency stay through the 9th within hours.
                        Randall Rausch

                        AR work: www.ar15barrels.com
                        Bolt actions: www.700barrels.com
                        Foreign Semi Autos: www.akbarrels.com
                        Barrel, sight and trigger work on most pistols and shotguns.
                        Most work performed while-you-wait.

                        Comment

                        • kuug
                          Senior Member
                          • Aug 2014
                          • 773

                          Originally posted by ar15barrels
                          He knows Basura would just go over his head and get an emergency stay through the 9th within hours.
                          Conservatives are finally going to have a majority on the Supreme Court next Monday. There was literally nothing to fear from a stay when it can be lifted 5-4 at the Supreme Court. This is just slow walking our rights to continue to be trampled by CA for the foreseeable future

                          Comment

                          • AbrahamBurden
                            Member
                            • Jul 2011
                            • 261

                            Originally posted by ar15barrels
                            He knows Basura would just go over his head and get an emergency stay through the 9th within hours.
                            That still would've grandfathered in rifles and (assuming no registration) given a lot of people plausible deniability like for magazines, moving forward.

                            Comment

                            • sirgrumps
                              Senior Member
                              • Apr 2009
                              • 2493

                              Originally posted by Bolt_Action
                              Best thing that can happen is we lose this case at the 9th circuit ASAP and hope that SCOTUS grants cert.
                              But the 9th Circus can keep the case trapped within its control for years.
                              ?The constitutional right to bear arms in public for self-defense is not a ?second-class right,? subject to an entirely different body of rules than the other Bill of Rights guarantees.? ?.. "We know of no other constitutional rights that an individual may exercise only after demonstrating to government officers some special need."
                              - Justice Clarence Thomas

                              Comment

                              • ar15barrels
                                I need a LIFE!!
                                • Jan 2006
                                • 56983

                                Originally posted by kuug
                                Conservatives are finally going to have a majority on the Supreme Court next Monday.
                                There was literally nothing to fear from a stay when it can be lifted 5-4 at the Supreme Court.
                                The Supreme court won't touch it until the 9th is ALL done with it.
                                That's YEARS away.
                                Randall Rausch

                                AR work: www.ar15barrels.com
                                Bolt actions: www.700barrels.com
                                Foreign Semi Autos: www.akbarrels.com
                                Barrel, sight and trigger work on most pistols and shotguns.
                                Most work performed while-you-wait.

                                Comment

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