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

[GunnEnvy]

Does anyone still have bullet buttons? Since they no longer served their intended purpose mine came off. But I'd love to have my pistol grips back, please.

My Tavor is dying to lose its fin grip and 4" muzzle break!

[Transient]

If we win it will be appealed, then we will lose. So, no.

.... and then it'll be appealed, and so forth until SCOTUS grants or denies cert

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[SigAlert]

Tagged.

[taperxz]

The win you are defining would have to survive appeal. I would expect that the present ban on owning AWs would be enjoined, similar to how the ban on owning magazines with a capacity > 10 rounds was enjoined for the duration of the trial proceeding. Does the PI permit new purchases? Probably not. Conversions of featureless to featured would probably fly, since the PI would probably apply to the features that caused a rifle with the features to be banned.

One thing I am curious about - whether the magnets that circumvent the bullet button function would be legal under the PI, if it issues. Or, do you have to replace the bullet button in its entirety?

A PI for one week, like freedom week would create havoc on the state since ALL GUNS under the category would be deemed legally obtained.

If the State won on appeal and up to SCOTUS, it would create a nightmare for the state since they could really only open up a new AW registration period again.

[TFA777]

Didn't you buy any 30 rounders during magazine freedom week?

Whether you own any is irrelevant. You can't have more than 10 rounds in a fixed mag config, otherwise it becomes an AW.

[Garrett52]

Whether you own any is irrelevant. You can't have more than 10 rounds in a fixed mag config, otherwise it becomes an AW.

Exactly, but this would change that. I guess I should hurry up and buy the ar pistols haha

[chrish4ku]

What I saw today

Key Events & Filings:

2020-1-15: NOTICE of Change of Motion Hearing as to [16-1] MOTION to Dismiss for Lack of Jurisdiction Certain Claims in First Amended Complaint, [16-2] MOTION to Dismiss for Failure to State a Claim, [22-1] MOTION for Preliminary Injunction and Declaratory Relief: Motion Hearing reset for 2/6/2020 02:00 PM in Courtroom 5A before Judge Roger T. Benitez. Opposition briefs are to be filed no later than 1/23/2020. All reply briefs are to be filed no later than 1/30/2020. (no document attached) (gxr) (Entered: 01/15/2020)

2020-1-15: Minute Order issued by the Honorable Roger T. Benitez: DENYING 25 Motion to Stay Proceedings Pending Resolution of Related Appeals; DENYING 27 Ex Parte Motion to Stay re 16 Motion to Dismiss for Lack of Jurisdiction Certain Claims in First Amended Complaint Motion to Dismiss for Failure to State a Claim, 22 Motion for Preliminary Injunction and Declaratory Relief Pending Ruling on Defendants' Motion to Stay. (no document attached) (gxr) (Entered: 01/15/2020)

[chrish4ku]

Exactly, but this would change that. I guess I should hurry up and buy the ar pistols haha

I like the thinking here....

[Uncivil Engineer]

I like the thinking here....

Franklin has one on the roster.

[Garrett52]

Franklin has one on the roster.

There are a few FFL's that can still manufacture them as well. You have to buy them complete though.

[aBrowningfan]

Whether you own any is irrelevant. You can't have more than 10 rounds in a fixed mag config, otherwise it becomes an AW.

Under Garrett52's hypothetical scenario, I believe the fixed magazine was part of the featureless configuration. If a PI enjoined the enforcement of AR 'features', wouldn't enforcement of the mag lock be enjoined?

[aBrowningfan]

A PI for one week, like freedom week would create havoc on the state since ALL GUNS under the category would be deemed legally obtained.

If we use the magazine ban PI as a model for an AW PI, my understanding is that no new AWs could be purchased, but enforcement of the features that make a firearm an AW would be enjoined. If I am correct, it would seem that folks who owned featureless firearms that could be converted into AWs, could make the conversion and be free from enforcement of the PC relating to AWs. But would new purchases of featureless firearms which are then converted to featured AWs be legit? If so, CA-DoJ would go apesh*t.

If the State won on appeal and up to SCOTUS, it would create a nightmare for the state since they could really only open up a new AW registration period again.

If the State won on appeal at SCotUS (either through an outright win or through denial of cert from the CA9), how would that require them to open up a new AW registration period? I would expect their position to be that the folks who converted their featureless firearms to featured should just convert them back to featureless.

I think the ultimate nightmare scenario would be if the State lost at SCotUS. In that scenario, there basically would be no limit on purchasing AWs again (pre-2000 days).

[highroad]

Do have a CA9 which is in fixed mag configuration. Any speculation as to whether those with RAW (BB or otherwise) should be hoarding lowers...per obligatory 30-days of course? BB especially are especially inconvenient. Even more so on AK and similar platforms.

[taperxz]

If the State won on appeal at SCotUS (either through an outright win or through denial of cert from the CA9), how would that require them to open up a new AW registration period? I would expect their position to be that the folks who converted their featureless firearms to featured should just convert them back to featureless.

I think the ultimate nightmare scenario would be if the State lost at SCotUS. In that scenario, there basically would be no limit on purchasing AWs again (pre-2000 days).

With a PI and the length of time it would take to get a SCOTUS decision i would venture to guess that the SCOTUS would allow people grandfathered in would not be subject to a taking by the state.

Not to mention, a SCOTUS ruling in favor of the state would leave open that law to the rest of the country and that ain't happening in todays court

[JCHavasu]

If we win it will be appealed, then we will lose. So, no.

.... and then it'll be appealed, and so forth until SCOTUS grants or denies cert

This. We want cases like this to get to SCOTUS to put an end to this that will cover the entire US, not just regions. Hopefully it gets there, and hopefully, RBG is not on the court when it arrives.