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

[abinsinia]

17.2 total sales (NSSF Adjusted) in the U.S. in 2020

1,165,309 California sales.

So California has %11 percent of the U.S. population, %6.7 of the firearms sold.

[tacticalcity]

As I recall, Benitez denied the request to stay the ruling enjoining the ammo background check law (I assume you were referring to that). That allowed the state to request the emergency stay from the 9th.

There was like 1 day when we could order ammo online. Then the next day (or a few days later) we couldn't. Super frustrating. Appreciated the day. But couldn't believe how quickly that changed. I thought he was involved in that.

[ar15barrels]

The difference here is that possession of an AW is already regulated.
AWs must be registered in order to be legally possessed.
Anything that you did to your rifle during an injunction and prior to a stay might be legal in that moment, but once the enjoiner was stayed, and everything returned to the previous condition while on appeal, then whatever you possessed would need to be registered in a condition which matched what the registry depicts, or you would be exposed to prosecution.

This is not correct for registered AW's.
I think you are talking about NON-AW configured rifles but you were not clear on that.
NON-AW configured firearms can change ANYTHING you want that's attached to the reciever at any time you want as long as you maintain a NON-AW configuration.

You can change ANYTHING you want on a registered AW except for the receiver and the magazine release (though the magazine release is only by regulations, not actual law) as long as you don't make it an SBR, or other prohibited configuration.
You can change literally every other part on the gun but the receiver and the bullet button (for 2018 registrations).
2000 or 1990 registered AW's can change EVERY part except for the reciever.

[ar15barrels]

As with anything in life; Hope for the best, but plan for the worst.

But also, plan for the best

If we get a "Freedom week", or a "Freedom Day", or a "Freedom 7 Minutes", you don't want to be caught with your pants down, being the guy who's frantically checking the marketplace for the parts you need.

Exactly, like back in August of 2020...

[ShadowGuy]

17.2 total sales (NSSF Adjusted) in the U.S. in 2020

1,165,309 California sales.

So California has %11 percent of the U.S. population, %6.7 of the firearms sold.

[ar15barrels]

https://www.courtlistener.com/recap/...2089.112.0.pdf

Cleaned up data into a chart:

Year      	2020	2021
Total Firearms	1165309	180058
New purchasers	369511	42548
		
Type		
Rifles      	317257	51800
Shotguns	161330	26032
rifle-shotgun	962	117
semi-pistol	585409	87945
revolvers	94194	13031
Total type	1159152	178925
		
Other Firearms	6157	1133

[ShadowGuy]

Becerra says:

The sales data provided in Exhibit 1 confirm that the California Assault Weapons Control Act has not prevented law-abiding citizens in the state from acquiring a range of firearms for lawful purposes, including self-defense.

...therefore it existence is superfluous, and only exist to create barriers for law-abiding citizens from what is in common use across the country. The law needs to be specifically tailored to accomplish the goal with the least restrictive means.

[Discogodfather]

Strikes me if there is a freedom week scenario going to play out, that it could not come at a worse time for buying a gun. Everything is out of stock due to the Covid + Biden effect. What does exist on the market it so ridiculously overpriced.

With the news of the latest Feinstein national ban in the last few days, all of that just becomes even worse.

Seems like if another freedom week occurred, this would be basically limited to people removing BB's off of RAWS? Maybe converting a featureless rifle back to "normal"?

[NorCalRT]

Becerra says:



...therefore it existence is superfluous, and only exist to create barriers for law-abiding citizens from what is in common use across the country. The law needs to be specifically tailored to accomplish the goal with the least restrictive means.

SCOTUS said 250k stunguns was common use...

[abinsinia]

Strikes me if there is a freedom week scenario going to play out, that it could not come at a worse time for buying a gun. Everything is out of stock due to the Covid + Biden effect. What does exist on the market it so ridiculously overpriced.

With the news of the latest Feinstein national ban in the last few days, all of that just becomes even worse.

Seems like if another freedom week occurred, this would be basically limited to people removing BB's off of RAWS? Maybe converting a featureless rifle back to "normal"?

Adding threaded barrels to handguns ?

[cxr]

Strikes me if there is a freedom week scenario going to play out, that it could not come at a worse time for buying a gun. Everything is out of stock due to the Covid + Biden effect. What does exist on the market it so ridiculously overpriced.

With the news of the latest Feinstein national ban in the last few days, all of that just becomes even worse.

Seems like if another freedom week occurred, this would be basically limited to people removing BB's off of RAWS? Maybe converting a featureless rifle back to "normal"?

Right i have been looking for a lower for months know anticipating a favorable ruling sold out all over

[bigstick61]

Would be awesome but the million dollar question is in the details. If again Benitez decides to reopen registration for an hour before Becerra bounces this to the 9th circuit then it's pretty useless.

Who says he has to reopen registration? Isn't this also challenging the registration part of the law, or no? I suspect he can craft a stay of his own ruling such as to protect assault weapons created even during that hour regardless of whether or not they are registered as a consequence.

[ar15barrels]

Isn't this also challenging the registration part of the law, or no?

No.
NOT one bit.
This is challenging definitions.

[aBrowningfan]

Strikes me if there is a freedom week scenario going to play out, that it could not come at a worse time for buying a gun. Everything is out of stock due to the Covid + Biden effect. What does exist on the market it so ridiculously overpriced.

With the news of the latest Feinstein national ban in the last few days, all of that just becomes even worse.

Seems like if another freedom week occurred, this would be basically limited to people removing BB's off of RAWS? Maybe converting a featureless rifle back to "normal"?

It would have to be a 10-day freedom period, given the 10-day DROS requirement.

[bigstick61]

No.
NOT one bit.
This is challenging definitions.

Well if California's defining weapons as assault weapons and placing restrictions on them is found to be unconstitutional, isn't the AW registration part effectively moot?

I still don's see how he has to keep himself bound to CA's AW registration laws and regulations in his ruling or any stay he crafts himself.