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

[newbieLA]

How long after the trail date should we expect Judge Benitez to deliver his ruling?

[CGZ]

How long after the trail date should we expect Judge Benitez to deliver his ruling?

I would wager it taking no longer than one month.

[bwiese]

Wonder if they will be able to get their convictions reversed on Habeas after the AW ban is declared unconstitutional?

I will note at least several of these individuals were also convicted of mfg,
possibly multiple counts - not just simple AW possession. Esp the dudes
at gun show(s) doing on video - assembly/disassembly cycles.

Only simple AW possession (and likely single count) treatable as wobbler.

In theory an illegal AW possessor charged/convicted of felony AW possession:

• and having an otherwise clean record;
• including being 'clean' from time of conviction onward;
• after some time
• with agreement from (or at least lack of opposition) from DA office;

... can apply for a "17(b)" motion to re-sentence to misdemeanor which
then allows full civil rights recovery.

This is also assuming that at original trial defense tried to go for an AB2728 resolition (nuisance charge, $300 fine and surrender of gun).

[newbieLA]

I would wager it taking no longer than one month.

good! and a permanent injunction to go along with the ruling would make it a truly happy new year

[homelessdude]

It's only permanent until it gets to the 9th for appeal. Thats where the real fun and GAMES start. JMO

[JiuJitsu]

[ritter]

You're entirely correct, IMHO. With luck, we can then appeal that stay to SCOTUS who might say "take as much time as you like, but enjoined during that time period." Might being the key word.

[newbieLA]

It's only permanent until it gets to the 9th for appeal. Thats where the real fun and GAMES start. JMO

unfortunately I think you're right. Even though an emergency stay by the 9th is supposed to be "rare and unusual"

[curtisfong]

unfortunately I think you're right. Even though an emergency stay by the 9th is supposed to be "rare and unusual"

As "rare" as an en banc....

[Sputnik]

Does anyone know the percentages for non-2A en bancs? I feel like my view point is likely skewed because I really only follow 2A cases but en banc is obviously not the exception in these cases (because guns).

[abinsinia]

Does anyone know the percentages for non-2A en bancs? I feel like my view point is likely skewed because I really only follow 2A cases but en banc is obviously not the exception in these cases (because guns).

I looked at the En Banc cases once, and besides 2A cases the other cases (or some of them) were immigration cases where the En Banc was used to prevent a deportation or something like that.

[newbieLA]

I looked at the En Banc cases once, and besides 2A cases the other cases (or some of them) were immigration cases where the En Banc was used to prevent a deportation or something like that.

so pretty much all politically motivated

[abinsinia]

so pretty much all politically motivated

Yeah, that's what I thought at time.

[abinsinia]

NOTICE of Appearance by Kevin James Kelly on behalf of Xavier Becerra (Kelly, Kevin)Attorney Kevin James Kelly added to party Xavier Becerra(pty:dft) (Entered: 11/30/2022)

Bonta is changing attorneys. This Kevin James Kelly has also been assigned to the Duncan case.

[bwiese]

Bonta is changing attorneys. This Kevin James Kelly has also been assigned to the Duncan case.

This may or may not have terrible significance; DOJ is a large agency with state employees entering into holiday season. Many other fairly ordinary staff scheduling/reallocation activities may occur as well.