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

[ShadowGuy]

So, they have to file by Friday or the ruling stands.

Maybe they don’t want to file? Perhaps the other Commie states don’t want this to go to the Supreme Court because they are afraid they will lose?

Anything is possible.

Not a bad theory. Do the other states within the 9th really care all that much about pistol grips and flash hiders? If they did, they had decades to pass legislation of their own based on the CA model. HI did, and they have shown their arrogance with Young now going to SCOTUS.

If I am thinking about this correctly, this district court opinion has little impact on other states as it sits. Once it hits the CA9, and then SCOTUS, it could do more damage to their gun control agenda.

[HibikiR]

Dunno, could mean business days instead of calendar days.

[ar15barrels]

Maybe they don’t want to file?

oh hell no.
The 9th is friends of CA state on guns.
They want this to die in the 9th and they have the people there to make that happen.
They are not worried about it getting to the USSC because they know the 9th has their backs.

[Rcjackrabbit]

If it goes to the SC, we will probably win. Then, the commies in all the other States lose big. NY, NJ, CT, MA, and several other states would be pissed. It’s not just about states in the 9th Circus.

Letting us win in CA would help them minimize their loses from a big picture standpoint. The other Marxists could have told Newsome to take one for the team while they were feasting on small children.

[SWalt]

Saint Benitez does it again. But, we all know where this will end up.

2 words, guarded optimism. Once upon a time, after Heller and McDonald, I thought 2A was a slam dunk only to be disappointed. Many of us feel this way. Seriously, when the SCOTUS overturned the notion that 2A rights were group rights (only applies to the Federal, State, and State Militias) to an Individual Right I would expect the Judiciary to apply it. They of course didn't. A large ship takes time to turn but will it? Here is a bit of hope.

Donald Trump reshapes 9th Circuit with conservative appointments

Nearing the three-year mark of his first term, President Trump already has appointed a whopping 10 judges to the U.S. Court of Appeals for the 9th Circuit, giving a conservative makeover to the well-known liberal bench.

Mr. Trump is second only to President Clinton in the number of judicial appointments to the San Francisco-based appeals court, which is the largest federal circuit in the country.

Before Mr. Trump took office, Democrat-appointed judges had a plus-11 advantage over Republican-appointed judges on the circuit. But in the past three years, Mr. Trump has cut that lead by more than half.

https://www.washingtontimes.com/news/2019/dec/30/donald-trump-reshapes-9th-circuit-with-conservativ/

[Joust]

2 words, guarded optimism. Once upon a time, after Heller and McDonald, I thought 2A was a slam dunk only to be disappointed. Many of us feel this way. Seriously, when the SCOTUS overturned the notion that 2A rights were group rights (only applies to the Federal, State, and State Militias) to an Individual Right I would expect the Judiciary to apply it. They of course didn't. A large ship takes time to turn but will it? Here is a bit of hope.







https://www.washingtontimes.com/news...h-conservativ/

[ar15barrels]

If it goes to the SC, we will probably win. Then, the commies in all the other States lose big. NY, NJ, CT, MA, and several other states would be pissed. It’s not just about states in the 9th Circus.

Letting us win in CA would help them minimize their loses from a big picture standpoint. The other Marxists could have told Newsome to take one for the team while they were feasting on small children.

CA has too much ego to "take one for the team" and fully believes they have nothing to worry about with the 9th circus.
They are all-in.

[curtisfong]

CA has too much ego to "take one for the team" and fully believes they have nothing to worry about with the 9th circus.
They are all-in.

They also don't care about win or lose, they are doing it for the optics of being "tough" on gun owners. If they lose, it only helps them, they can complain about how crazy gun owners are.

[aBrowningfan]

They also don't care about win or lose, they are doing it for the optics of being "tough" on gun owners. If they lose, it only helps them, they can complain about how crazy gun owners are.

Or, about how the deck was stacked against them at SCotUS.

[HibikiR]

Question: If California loses with the 9th, then does that mean any state in the 9th's jurisdiction can expect freedom (or sue for it) from AW bans too?

[curtisfong]

Or, about how the deck was stacked against them at SCotUS.

qft

[CandG]

Question: If California loses with the 9th, then does that mean any state in the 9th's jurisdiction can expect freedom (or sue for it) from AW bans too?

If CA loses in the 9th (and/or in any subsequent en banc decision in the 9th), then yes, the AW ban is effectively rendered unconstitutional and would be enjoined from enforcement in CA. Since other states' laws in the 9th weren't directly the subject of the lawsuit, they would have to bring their own cases to have their own laws stricken, but those would be an easy win because they are required to adhere to the case law from this case. Usually (but not always) the other states would stop enforcing the laws that would be subject to the case law, making a lawsuit unnecessary.

It can be assumed that, even with CA being CA, if they lost in the 9th they would likely not pursue the case any further to SCOTUS, given the current SCOTUS makeup.

Of course, that's all hypothetical. The odds of actually winning in the 9th AND winning (or not getting) an en banc hearing afterwards, are astronomically low.

Our best chances are to get this case through the 9th circuit rejection formalities as quickly as possible, and win at SCOTUS.

[BAJ475]

Question: If California loses with the 9th, then does that mean any state in the 9th's jurisdiction can expect freedom (or sue for it) from AW bans too?

What other states in the 9th Circuit ban AWs? I am not aware of any.

[pacrat]

What other states in the 9th Circuit ban AWs? I am not aware of any.

How about Hawaii? Keeping in mind that Ca hasn't banned them per se. They just REGULATED them into mere shadows of their former selves.

[curtisfong]

How about Hawaii? Keeping in mind that Ca hasn't banned them per se. They just REGULATED them into mere shadows of their former selves.

IIRC HI has no AW law other than the stupid Uzi et al laws, and pistol mag cap laws.