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

[Bhobbs]

The 9th already ruled the hi cap mag ban was unconstitutional and the en banc reversal was GVR’d. I think it’s pretty clear SCOTUS doesn’t believe a mag ban would survive.

[homelessdude]

How does that relate to assault weapons?

[Bhobbs]

The 4th ruled that the 2nd amendment doesn’t protect assault weapons, and that ruling was also GVR’d. It’s pretty clear SCOTUS doesn’t support AWBs but wants the circuits to figure it out, instead of just having to take every single gun case.

[ar15barrels]

Sorry, IANAL. Question for someone who is:

If. . .
1. Benitez files PI stoping enforcement of these unconstitutional laws,
2. Bonta files interlocutory appeal,
3. 9th CA stays the PI
4. Plaintiff’s off docket filing seeks emergency stay of stay of PI,
5. and SCOTUS stays 9th’s stay of Benitez’ PI
. . . would it be precedent that could be used against similar unconstitutional laws (e.g. Joe Biden: “Ban them. Ban them. Ban them.”) or just writing on the wall indicating what the outcome of a final decision would be should this case or a similar one make its way to this SCOTUS?

Motions rulings don’t set precedent.
Unpublished court rulings don’t set precedent.
Published court case rulings set precedent.

[Metal God]

I’ve been trying to work this out in my head .

How does the 9th take the appeal and the result only finds CA assault weapons ban unconstitutional and leaves all other states under its jurisdiction able to keep there bans in place ? I feel there will be a lot of pressure from other states including as far away as NY to have CA just drop the case if they loose here . I don’t think ANY of the anti gun states wants this going to SCOTUS resulting in a nation wide unconstitutional ruling .

One strategy for the gun control crowd might be is to keep these unfavorable ( to them ) rulings as local as possible. The writing is on the wall if they keep pushing , most of these cases WILL be found unconstitutional at SCOTUS pissing off a bunch of other anti gun states . If they are smart they will all stop these cases from moving forward until they get a better foundational argument. Pushing forward by throwing crap at the wall and seeing what sticks is going to get them some really bad case law ( in there minds ) . The question would be , can they or would they be willing to take there foot off the gas before flying off the cliff they are headed for ?

[homelessdude]

I hope not.

[jcwatchdog]

[Sputnik]

@homelssdude I can’t see that happening.
They need to keep pushing this stuff as hard as they can because they fear their opponent next election will say they were “soft on gun violence” and they caved to the ultra maga racist insurrectionists.
Can’t have that when you’re trying to get re-elected can you?

[Silence Dogood]

Your post strikes the core of what I believe to be one of our strongest arguments for persuading anyone in the middle/ uninformed about guns/ undecided about gun control to support our side: unveiling the lies/ deception of the anti-gun movement and their incrementalism, both of which are plain to see on their face and have been stated publicly on occasion.

Armed with an awareness of this deception and how it fuels their incrementalism, it is easy to recognize their seditious intent to pervert/erase the 2A and disarm the populace.

[Metal God]

Armed with an awareness of this deception and how it fuels their incrementalism, it is easy to recognize their seditious intent to pervert/erase the 2A and disarm the populace.

No it doesn't and no they won't get it , or at least not enough will . We have been loosing the wording narrative war since the 90's .

https://www.youtube.com/watch?v=oZ88pZ9b1Y8

This method of brainwashing does not stop there . You can use it for anything with the help of the media . Covid , Trump , Gun control the list goes on and it's exactly what we are seeing now with what appears to be way to many political disagreements .

So no I don't believe we can change enough minds to make a difference , at least not in my life time . Of course , this is a state by state issue . This is why the constitution and the courts are much more important . It don't matter if 80% of the country agrees with us if states like CA & NY can run amuck destroying the rights of millions of people . Are our 3 new supreme court justices the best thing ever ..... hell no but it could have been SO MUCH WORSE had things turned out just a few votes different .

[Silence Dogood]

No it doesn't and no they won't get it , or at least not enough will . We have been loosing the wording narrative war since the 90's .

https://www.youtube.com/watch?v=oZ88pZ9b1Y8

This method of brainwashing does not stop there . You can use it for anything with the help of the media . Covid , Trump , Gun control the list goes on and it's exactly what we are seeing now with what appears to be way to many political disagreements .

So no I don't believe we can change enough minds to make a difference , at least not in my life time . Of course , this is a state by state issue . This is why the constitution and the courts are much more important . It don't matter if 80% of the country agrees with us if states like CA & NY can run amuck destroying the rights of millions of people . Are our 3 new supreme court justices the best thing ever ..... hell no but it could have been SO MUCH WORSE had things turned out just a few votes different .

Metal God. Judicial autographs not withstanding, we all owe you big time for scouting for those of us unable to make it to the courtroom in person.

[Metal God]

Thanks , no problem man . I’ll go to these hearings till the wheels fall off . The funny thing is I had already made the decision to go to all three . Now I get to do it all at once haha . Thank you judge :-)

[homelessdude]

At the rate that people are becoming new gun owners I'm not sure we are losing the middle. Some/many of them are making a choice to defend themselves.

[madland]

This thread wanders around more than homeless people.

Be prepared to be strip searched for other stuff

Look how long it took before the thread wandered into BUTT STUFF 90+ pages!! Unless it happened earlier and I missed it.

[NorCalBusa]

At the rate that people are becoming new gun owners I'm not sure we are losing the middle. Some/many of them are making a choice to defend themselves.

Or their friends will and that'll make it "ok" for them.