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

[sfe187]

Real “Cuban” sandwiches over Tortas.

[BeAuMaN]

Benitez provided a stay for 30 days.

Per CA9 Circuit Rule 27-2 if a district court stays an order to permit application to the Court of Appeals for a stay pending appeal.

Per CA9 Circuit Rule 27-3 Emergency Motions are to be filed if relief is needed within 21 days to avoid irreparable harm.

Given 30 days was provided, and that CA must file with 7 days (Next Friday, 6/11/2021), that means that the motion cannot be filed as an Emergency Motion as there will be 23 days remaining on Benitez's stay if the state files on the last day. Is there a difference in the way that Motions vs Emergency Motions are scrutinized or is Benitez just providing a curtesy for the AG?

[lastinline]

Provided CA doesn't appeal, you may legally do it on the 4th of July. Well, we all know CA will appeal and ultimately win it in en-banc

And then on to SCOTUS it goes.
In the meantime, how many Calguns forum members will have passed while waiting?

[SlimBlundt]

Maybe you don't understand that nothing changed today so there are no "newly legal" firearms or parts.
Everything stays as it was yesterday for the next 30 days and that will get longer when the state gets a more permanent stay while the case goes to the 9th circus.

[WellArmedSurfer]

What kind lf mindset is that? That Cubans have it all given to them because they live under commies? Political refugees?

Is this mindset different because they like black beans and mexicans like pinto beans?

Is your mindset that of a common hokie or redneck?

I love my firearms and the constitution that protects my capacity to own such machinery. But having to share the perception that im linked to intolerant xenophobes can feel just icky.

Non cuban hispanics vote 70% democrat.

[SlimBlundt]

Perfect world fantasy story time...
Then the really far out prediction...
no one ever needs to rant on CalGuns ever again....

[michigander]

What is the process for the 9th accepting an appeal, and how long do they have to respond after receiving the appeal? I.e., is there a chance we get lucky with a panel that holds on making a decision of whether to grant the appeal until after the stay expires?

[Yodaman]

I can't find where, but I thought somewhere it said his defense of his decision was like 700-1,400 pages?

Can anyone confirm?


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[bruss01]

Nothing changes right away but it's a promising foot in the door.

The left will hope that the 9th will drag feet on this, stretching it out long enough for justice Thomas to peacefully die in his sleep on a solo vacation to a ranch in a room with too many pillows. They will hope that president Harris will appoint 4 new justices to replace him. To accomplish this they can issue stays while waiting for other cases in the pipeline to be decided before doing anything... there could even be another wave of lockdowns to stall proceedings.

The right will hope none of the above happens... the best that can happen is to lose quickly at the en banc (3-judge panel seems simply a formality these days) so we can take it to SCOTUS while we still have 4 to grant cert and 5 to prevail.

In real world terms we could see meaningful change in the composition of our gun safe in 3-5 years. That's going to seem like an eternity to those who are champing at the bit right now, but in reality that's the pace cases over contentious issues tend to move. I could be retired by then, but would love to see real firearm freedom restored for the next generation.

[champu]

WOW A RATIONAL FACT BASED RULING IN CALIFORNIA??OMFG!

LOL, so does this mean those of us who vol'reg can now de-reg???

Or will i forever be labeled by the gun grabbers as a RAW owner...pretty freakin silly considering my "RAW"s have F-ing bullet buttons and are still limited to 10 round SMFH.....

[lastinline]

In real world terms we could see meaningful change in the composition of our gun safe in 3-5 years. That's going to seem like an eternity to those who are champing at the bit right now, but in reality that's the pace cases over contentious issues tend to move. I could be retired by then, but would love to see real firearm freedom restored for the next generation.

I am retired, and have been watching the show since long before Roberti-Roos. I have known others who have since died, after growing old, and never having enjoyed freedom in California like those in some other states.
A right delayed is a right denied.

[lastinline]

If in the very end all this AW crap is truly ruled as unconstitutional, you should not have to do anything. You would would likely be sending more paper into a dead hole.
And if that does happen, all those who registered can wonder for eternity just who has all their data.

[Ol'Chap]

RTB, my hero!

[M76]

If we only had a President that upheld the Constitution...

[command_liner]

Gavin is on notice that he may get the boot. I have not gotten through all the responses in the thread, but what about the Prop 187 avenue?
1) Gavin gets the boot
2) New gun-friendly governor is elected
3) New gov says "California has been wrong: Benitez is right. No appeal."