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

[jcwatchdog]

I think Benitez will allow the parties to respond to each other's briefs, then issue his ruling without oral arguments.Hopefully not stay his ruling this time.

As to CA position, in the most recent CA brief linked to in this thread, CA AG all but laid down their new arguments. They will argue that AW are not really covered by 2A, because 2A is about self-defense, but AW were designed for offense. That self-defense needs are covered by other non-banned means, therefore AW are fair game for banning. Same argument will be presented in all other "hardware" related cases (mags, roster, etc). Sounds ridiculous, but just watch. All they have to do is to find a sympathetic judge's ear. They are not going to find that in Benitez, but there are plenty others who will embrace their argument and support it with 50 pages of legalese.

Really, so they expect to argue that police walking around with assault weapons are just looking for someone to shoot instead of using them for defense?

[SharedShots]

Really, so they expect to argue that police walking around with assault weapons are just looking for someone to shoot instead of using them for defense?

Offense and defense just depend upon perspective.

An ordinary person armed with an AR15 is so for offense.

A government agent armed with an M4 is so for defense.




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[TruOil]

As to CA position, in the most recent CA brief linked to in this thread, CA AG all but laid down their new arguments. They will argue that AW are not really covered by 2A, because 2A is about self-defense, but AW were designed for offense. That self-defense needs are covered by other non-banned means, therefore AW are fair game for banning.

When you have the facts, argue the facts, when you have the law, argue the law, when you have neither facts nor law, pound the table and waive your arms a lot.

Back in 1776, one .75 caliber musket was the same as any other .75 caliber musket, whether you were hunting, attacking, or defending. Moreover, it is difficult if not impossible to have a hedge against tyranny and the ability to overthrow the government without having offensive weapons. Not that it matters; Benitez knows full well that the "weapons of war" argument is utter B.S.

[newbieLA]

my prediction:

win with Benitez with yet another injunction (and another emergency stay to avoid a "catastrophic" freedom week where we can have grips with no fins) for the inevitable 9th appeal, who will find, again, that somehow Benitez erred, even SCOTUS told them it was the defendants and the 9th that erred, not Benitez. In any case, they want time to be able to re-jigger SCOTUS before the 9th's 2nd ludicrously idiotic decision in favor of the state gets appealed.

Galling. I still don't fully understand how the 9th was able to GVR it back down to Benitez, when it was their decision that sucked.

I'm not a lawyer. Maybe somebody can explain it to me as they would a child?

if the 9th plays games and overturns Benitez under appeal, they risk SCOTUS issuing a ruling that is going to damage their attempts at gun control even more so than Bruen

[p7m8jg]

I'm hearing a lotta "hope" vs traditional Ninth Circus opinions that "don't care" what the USSCt says.

God bless 'ya.

[jcwatchdog]

I'm hearing a lotta "hope" vs traditional Ninth Circus opinions that "don't care" what the USSCt says.

God bless 'ya.

No king rules forever. At some point even the 9th will have to admit defeat. But they can take pride in being able to deny constitutional rights for a long time.

[ar15barrels]

Looks like Benitez wants to move through this as quickly as possible.

I like the 20 day timeline instead of 30-60 days.
Lets watch for bonta to start requesting filing time extensions and benitez to not grant them.

[M1A Rifleman]

if the 9th plays games and overturns Benitez under appeal, they risk SCOTUS issuing a ruling that is going to damage their attempts at gun control even more so than Bruen

Maybe, but not if the make up of the court changes

[ar15barrels]

My concern is not how this case will ultimately resolve in SCOTUS because I think everybody knows that already.

Replace a couple conservative justices with liberal justices and SCOTUS is a completely different court.
That could happen in just a few years time so that's what bonta is banking on because that's about all he HAS to bank on now.

[Batman]

Replace a couple conservative justices with liberal justices and SCOTUS is a completely different court.
That could happen in just a few years time so that's what bonta is banking on because that's about all he HAS to bank on now.

Even still, the USSC really doesn't like to change its opinion that quickly. It took almost 50 years for abortion. I'd expect this ruling to hold up for a few decades at least!

[cleonard]

100% this. Gotta move fast to address issues of first impression before the commies can.

I think you misunderstood what I was saying. File a TRO/preliminary injunction basically immediately. Then it takes time to finish the summary judgement. It's a delay in the other direction. This would make the law go away faster , not slower.

[wireless]

4th circuit has scheduled oral argument for awb in December so it’ll be interesting to see who gets their first knowing how slow the 9th is, although things are moving much faster than normal.

[SpookyWatcher]

[Drivedabizness]

"Withing" twenty days....

St. Benitez' staff are letting him down!

[MisterX9]

I think it's interesting that this order was originally dated 2 August and that Benitez hand crossed that out and changed it to the 8th when he signed it.