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

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  • SlickSlinky
    Junior Member
    • Mar 2019
    • 44

    Am I wrong in thinking that even if this does get ruled in our favor, the microstamping requirement would still make any new firearms unavailable? I guess I could buy a threaded barrel, but I would really love a new two tone Beretta M9A3.

    Should they also have noted that California has allowed LEOs to legally purchase what is considered an AW?

    Comment

    • taperxz
      I need a LIFE!!
      • Feb 2010
      • 19395

      Originally posted by SlickSlinky
      Am I wrong in thinking that even if this does get ruled in our favor, the microstamping requirement would still make any new firearms unavailable? I guess I could buy a threaded barrel, but I would really love a new two tone Beretta M9A3.

      Should they also have noted that California has allowed LEOs to legally purchase what is considered an AW?

      Comment

      • sfvshooter
        Senior Member
        • Jan 2016
        • 1198

        I usually get an email from CRPA when something worthwhile occurs. I haven't received anything in the last few days.
        Too many rifles, not enough time...

        Comment

        • SlickSlinky
          Junior Member
          • Mar 2019
          • 44

          You are right, the AWB and the roster would have to be overturned to get the pistol that I would like to get.

          But they still have a way to get what the state considers an AW and have it in use legally. Where, if I were to have the same modifications, then it is illegal and I go to jail. Its a two tier system and should be argued in my opinion.

          Comment

          • taperxz
            I need a LIFE!!
            • Feb 2010
            • 19395

            Originally posted by SlickSlinky
            You are right, the AWB and the roster would have to be overturned to get the pistol that I would like to get.

            But they still have a way to get what the state considers an AW and have it in use legally. Where, if I were to have the same modifications, then it is illegal and I go to jail. Its a two tier system and should be argued in my opinion.
            Military and LE are already exempt from Federal NFA laws so that would bea federal issue

            Comment

            • FirearmFino
              Member
              • Apr 2019
              • 428

              NOTICE of Change of Hearing on 16 MOTION to Dismiss for Lack of Jurisdiction Certain Claims in First Amended Complaint MOTION to Dismiss for Failure to State a Claim : Motion Hearing reset for 1/16/2020 10:00 AM in Courtroom 5A before Judge Roger T. Benitez. (no document attached) (gxr) (Entered: 12/10/2019)

              Comment

              • GPMG Gunner
                Junior Member
                • Mar 2014
                • 45

                I’ll offer this;

                If Judge Benitez rules in our favor (very possible) and the same thing occurs with the magazine ban injunction (that resulted in freedom week - again, a possibility), then I predict the following two things will occur:

                1. Millions of modern rifles formerly called “assault weapons” will flood into California, and you won’t be able to find a lower or semi auto to save your life on gun store shelves. However , due to the 10 day wait, a week of freedom won’t be enough. The beneficiaries of the injunction will be CURRENT owners of modern rifles.
                2. If the same thing occurs with the AWCA that happened with magazines, the net effect will be that the law that controls assault weapons will be unenforceable. Just like it is with magazines. The defense of, “I made, bought, imported, transported, or modified X during freedom week” will be a legal shield from prosecution. They may even be forced to open the registration rolls again.

                It won’t be about keeping bullet buttons. This will be about having rifles in their free configuration.

                And one more thing; the 9th is no longer a sure vote for the antis. It’s about 50/50 now, most of those are Trump judges. We will have to wait and see.

                I think this case gives the antis far more to worry about than NY vs. NYSRPA
                Last edited by GPMG Gunner; 12-10-2019, 7:21 PM.
                As long as men have tools and the knowledge to use them, they can never be completely disarmed. You would be amazed at what one can accomplish with some simple hand tools and a quiet place to work.
                sigpic
                Remember the first STEN was built in a bicycle repair shop.

                Comment

                • Betfair39
                  Member
                  • May 2017
                  • 125

                  i know this is out of topic but why there is no litigation about NFA items (Silencers SBR AR Pistols) in California right now?
                  LA County CCW Progress:
                  06/27/2022: Mailed in application
                  09/19/2022: Check cashed in
                  08/28/2023: Phone Interview
                  09/01/2023: Livescan
                  10/09/2023: Livescan completed
                  12/05/2023: Training Submitted & confirmed receipt
                  03/13/2024: Call for Pickup
                  04/10/2024: Picked up the CCW license!

                  Comment

                  • everyday_hero
                    Junior Member
                    • Nov 2017
                    • 95

                    Remember when distributors made it clear that freedom magazines had to be shipped separately from CA compliant firearms. My educated guess is this time the option will be any feature will become lawful to order.

                    Comment

                    • shungokusatsu
                      Junior Member
                      • Jan 2018
                      • 20

                      Does this have any impact on the list of rifles banned by name? Cuz you know, KAC and all.

                      Comment

                      • GPMG Gunner
                        Junior Member
                        • Mar 2014
                        • 45

                        Originally posted by shungokusatsu
                        Does this have any impact on the list of rifles banned by name? Cuz you know, KAC and all.
                        As long as men have tools and the knowledge to use them, they can never be completely disarmed. You would be amazed at what one can accomplish with some simple hand tools and a quiet place to work.
                        sigpic
                        Remember the first STEN was built in a bicycle repair shop.

                        Comment

                        • GPMG Gunner
                          Junior Member
                          • Mar 2014
                          • 45

                          Originally posted by Betfair39
                          i know this is out of topic but why there is no litigation about NFA items (Silencers SBR AR Pistols) in California right now?
                          As long as men have tools and the knowledge to use them, they can never be completely disarmed. You would be amazed at what one can accomplish with some simple hand tools and a quiet place to work.
                          sigpic
                          Remember the first STEN was built in a bicycle repair shop.

                          Comment

                          • Uncivil Engineer
                            Senior Member
                            • Nov 2016
                            • 1101

                            You are getting a M107A1, and you and you,.. we are all getting BMGs... Hurray.

                            Comment

                            • Murder
                              Junior Member
                              • Apr 2019
                              • 40

                              Originally posted by GPMG Gunner
                              1. Millions of modern rifles formerly called “assault weapons” will flood into California, and you won’t be able to find a lower or semi auto to save your life on gun store shelves. However , due to the 10 day wait, a week of freedom won’t be enough. The beneficiaries of the injunction will be CURRENT owners of modern rifles. A
                              I don't think so. From what I remember, as long as you PURCHASED it within that week it would still be honored; you could have received your mags a month later and it wouldn't have mattered. I'm assuming the same will happen with this.

                              Comment

                              • morrcarr67
                                I need a LIFE!!
                                • Jul 2010
                                • 14949

                                Originally posted by GPMG Gunner
                                You can also own AOW and DD
                                I thought you needed a DD permit from the state of CA and the odds of you getting one was slim to none.
                                Yes you can have 2 C&R 03 FFL's; 1 in California and 1 in a different state.

                                Originally posted by Erion929

                                Comment

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