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

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  • NorcalGSG
    Senior Member
    • Nov 2009
    • 1293

    I am afraid it will be similar to the ruling we got that found the 10 day waiting period null and void for pre-existing gun owners, but the State will just not enforce the ruling or implement it, and nobody will force them to. Jerks.

    Comment

    • GregW948
      Member
      • Jan 2018
      • 449

      Not happy at all... It doesn't matter.. filthy rat bum commie judges will interfere...

      Comment

      • SWalt
        Calguns Addict
        • Jan 2012
        • 8136

        Tag
        ^^^The above is just an opinion.

        NRA Patron Member
        CRPA 5 yr Member

        "...which from their verbosity, their endless tautologies, their involutions of case within case, and parenthesis within parenthesis, and their multiplied efforts at certainty by saids and aforesaids, by ors and by ands, to make them more plain, do really render them more perplexed and incomprehensible, not only to common readers, but to lawyers themselves. " - Thomas Jefferson

        Comment

        • JTROKS
          I need a LIFE!!
          • Nov 2007
          • 13093

          Thank you for supporting fellow patriots behind the iron curtain.

          Time to throw out the damned AW law that I may sell my NHMs without using an AW FFL.
          The wise man said just find your place
          In the eye of the storm
          Seek the roses along the way
          Just beware of the thorns...
          K. Meine

          Comment

          • Caligula36
            CGN Contributor
            • Apr 2017
            • 1810

            "...the lust for power can be just as completely satisfied by suggesting people into loving their servitude as by flogging and kicking them into obedience." -Aldous Huxley

            Comment

            • ilikeguns
              Senior Member
              • Aug 2009
              • 782

              Great news! Show support for Benitez!

              Comment

              • tube snake boogie
                Senior Member
                • May 2009
                • 866

                ruling will be appealed and the decision stayed pending appeal.

                Comment

                • NeilDown
                  CGN/CGSSA Contributor - Lifetime
                  CGN Contributor - Lifetime
                  • Aug 2016
                  • 59

                  Congrats to FPC!
                  Fingers crossed, but not expecting any real changes soon.
                  CRPA Lifetime Member

                  Comment

                  • Jesse C.
                    Junior Member
                    • Sep 2016
                    • 91

                    While this is great news, the fight is not over. We have to keep hammering these bastards until they leave us alone.

                    And also, please do not wear an Orange Shirt! SD Mayor Super Cuck just asked people to wear orange to show their support for gun control! So F him and his crew!

                    Comment

                    • SWalt
                      Calguns Addict
                      • Jan 2012
                      • 8136

                      A lot of us have been down this road before only to watch cases denied by the SCOTUS. Guarded optimism is how I would describe it. Now its just a waiting game. I have no doubt the stay will be in place until the 9th Circus issues a ruling. Until then I will just marvel at our luck of having the Honorable Judge Roger T. Benitez rule on this case.
                      ^^^The above is just an opinion.

                      NRA Patron Member
                      CRPA 5 yr Member

                      "...which from their verbosity, their endless tautologies, their involutions of case within case, and parenthesis within parenthesis, and their multiplied efforts at certainty by saids and aforesaids, by ors and by ands, to make them more plain, do really render them more perplexed and incomprehensible, not only to common readers, but to lawyers themselves. " - Thomas Jefferson

                      Comment

                      • Bolt_Action
                        Senior Member
                        • Dec 2012
                        • 717

                        Originally posted by SWalt
                        A lot of us have been down this road before only to watch cases denied by the SCOTUS. Guarded optimism is how I would describe it. Now its just a waiting game. I have no doubt the stay will be in place until the 9th Circus issues a ruling. Until then I will just marvel at our luck of having the Honorable Judge Roger T. Benitez rule on this case.
                        I’ve been down this road a lot more than most people here. I was around for Silveira which was 180 degrees from this. That case warranted pessimism, this one, coupled with the makeup on the Supreme Court, does not.

                        Comment

                        • ir0nclash86
                          Veteran Member
                          • May 2010
                          • 3567

                          In his decision, Judge Roger T. Benitez praised the AR-15 as a "home defense weapon."
                          sigpic

                          Rock out with your Glock out

                          Comment

                          • not-fishing
                            Senior Member
                            • Jan 2009
                            • 2270

                            Well the good news I choose to look at is that we have made one more step forward.
                            I fully expect the 9th to issue a stay and denial because that's the Anti-Gun Creatures that they are.
                            We have to celebrate our little victories sometimes to be able to keep on pushing.
                            Spreading the WORD according to COLT. and Smith, Wesson, Ruger, HK, Sig, High Standard, Browning

                            Comment

                            • Redeyedrider
                              Senior Member
                              • Oct 2014
                              • 1724

                              I can't wait to read through his decision tomorrow. His ruling on mag capacity limits was outstanding, if this even comes close it will be great!!!
                              We have too much to lose and so we'll lose it all - sd_shooter
                              I try to frame my response to be useful to those observing, with little regard to convince the opponent of my awesomeness - EM2
                              It's hard to win an argument with a smart person, but it's impossible to win an argument with a stupid person - Whitefang
                              TRUMP/NUNES

                              Comment

                              • Cylarz
                                Member
                                • Apr 2011
                                • 416

                                Originally posted by boxcar48
                                Pardon my ignorance, I don't own any rifles and have never looked into the "what is allowed/not allowed".
                                Never apologize for not knowing something. It is good that you had the wherewithal to ask the question.

                                I understand the deal with the 30 day stay on Benitez's own order, and am naturally pessimistic that this won't get stayed by the 9th. What I'm unclear on is, in the scenario where the 9th doesn't issue a stay, and in 30 days the order goes into effect, what exactly will change? Will people be able to convert their "featureless" rifles back into "featureful" (lol) rifles?
                                I am not a lawyer. As I understand the situation, however, the State of California must now demonstrate why the judge's ruling should be stayed permanently. His order (which he placed a stay on himself) would render the state's Penal Code covering these rifles unenforceable, which would mean that it becomes legal for us to purchase whatever semi-autos are currently legal in neighboring states - Nevada, Arizona, etc. I think we have a good shot at getting rid of this draconian set of gun laws once and for all. The last few years have helped to demonstrate that the AR-15 is "in common use" and that governments may not restrict access to it without a very good reason, something other than "it's scary looking."

                                Will I be able to purchase a new AR15 from a california dealer? Would I be able to purchase one in a far away state and have it shipped to a california dealer?
                                You can buy an AR-15 in California now. It simply has to comply with a set of restrictions on its features. Remember that the AR-15 isn't singled-out - these same rules also apply to the AK platform (AK-47, AK-74, etc) and many other types of semi automatic long guns.

                                Effective January 1, 2000, Senate Bill 23, Statutes of 1999, established new criteria for defining assault weapons based on generic characteristics. This bill allowed and required persons who owned/possessed firearms that fall under the new "assault weapon" definition to register those firearms with the Department of Justice during the one-year period between January 1, 2000 and December 31, 2000. Effective January 1, 2000, this bill added Penal Code Section 12276.1 to the Penal Code as follows.


                                On the second question, if the ban is overturned permanently by the courts, yes you'd be able to have your dealer receive the same rifles that are now legal in most other states. (I've always found it odd that these "evil feature" rifles are perfectly legal in like 45 states and they're not experiencing a crime wave.)

                                Good on you for asking, and happy shooting!
                                Last edited by Cylarz; 06-04-2021, 11:05 PM.

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