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

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  • #4606
    flyer898
    Senior Member
    • Feb 2009
    • 2014
    Originally posted by abinsinia
    The AWB covers some handguns, for example ones with threaded barrels.
    Yes, like the Whitney Woverine.
    Never argue with a fool, onlookers may not be able to tell the difference. So said somebody but not Mark Twain
    "One argues to a judge, one does not argue with a judge." Me
    "Never argue unless you are getting paid." CDAA
    "I learned long ago, never to wrestle with a pig. You get dirty, and besides, the pig likes it." George Bernard Shaw

      Comment

      • #4607
        Drivedabizness
        Veteran Member
        • Dec 2009
        • 2610
        My hope is that when Judge Benitez writes his opinion he does so in very clear language, destroying the State's ridiculous arguments one by one.
        Proud CGN Contributor
        USMC Pistol Team Alumni - Distinguished Pistol Shot
        Owner of multiple Constitutionally protected tools

          Comment

          • #4608
            Bhobbs
            I need a LIFE!!
            • Feb 2009
            • 11848

              Comment

              • #4609
                BAJ475
                Calguns Addict
                • Jul 2014
                • 5066
                I agree. Force the 9th to grant a stay.

                  Comment

                  • #4610
                    SpudmanWP
                    CGN/CGSSA Contributor
                    CGN Contributor
                    • Jul 2017
                    • 1156
                    He only did that the 1st time because of the proclivity of the 9th to use the 2-step test. That is no longer an option, especially given the GVRs in Duncan and Bianchi.

                      Comment

                      • #4611
                        Bhobbs
                        I need a LIFE!!
                        • Feb 2009
                        • 11848
                        Originally posted by SpudmanWP
                        He only did that the 1st time because of the proclivity of the 9th to use the 2-step test. That is no longer an option, especially given the GVRs in Duncan and Bianchi.
                        It's always an option. Some judge used the two step analysis in a recent case. There really is no consequence to them using it.

                          Comment

                          • #4612
                            SpudmanWP
                            CGN/CGSSA Contributor
                            CGN Contributor
                            • Jul 2017
                            • 1156
                            Originally posted by Bhobbs
                            It's always an option. Some judge used the two step analysis in a recent case. There really is no consequence to them using it.
                            They can try, but that will just make overturning it even easier.

                              Comment

                              • #4613
                                chris
                                I need a LIFE!!
                                • Apr 2006
                                • 19447
                                Originally posted by Bhobbs
                                It's always an option. Some judge used the two step analysis in a recent case. There really is no consequence to them using it.
                                He chose to ignore the NYSPRA ruling. As Spudman said it will be easier to overturn.
                                http://govnews.ca.gov/gov39mail/mail.php
                                sigpic
                                Thank your neighbor and fellow gun owners for passing Prop 63. For that gun control is a winning legislative agenda.
                                https://www.youtube.com/watch?v=Z6Dj8tdSC1A
                                contact the governor
                                https://govnews.ca.gov/gov39mail/mail.php
                                In Memory of Spc Torres May 5th 2006 al-Hillah, Iraq. I will miss you my friend.
                                NRA Life Member.

                                  Comment

                                  • #4614
                                    Bhobbs
                                    I need a LIFE!!
                                    • Feb 2009
                                    • 11848
                                    It took 14 years for SCOTUS to overturn the two step analysis.

                                      Comment

                                      • #4615
                                        SpudmanWP
                                        CGN/CGSSA Contributor
                                        CGN Contributor
                                        • Jul 2017
                                        • 1156
                                        They have weighed in on the 2nd Circuits BS treatment of the stay so they have already put the Circuits on notice that they are watching.

                                        The process takes time to work its way through the steps.

                                          Comment

                                          • #4616
                                            robertfchew
                                            Member
                                            • Apr 2018
                                            • 263
                                            Originally posted by SpudmanWP
                                            They have weighed in on the 2nd Circuits BS treatment of the stay so they have already put the Circuits on notice that they are watching.

                                            The process takes time to work its way through the steps.

                                            Where exactly are we at with this? I had surgery earlier this week so not really paying attention

                                              Comment

                                              • #4617
                                                Sgt Raven
                                                Veteran Member
                                                • Dec 2005
                                                • 3806
                                                Originally posted by Bhobbs
                                                It took 14 years for SCOTUS to overturn the two step analysis.

                                                Maybe Trump appointing 3 new Justices had something to do with ending the delays. The Bruen 5 know some of them are getting up there in age, so they may have a short window to rule on these cases. They know Roberts is Squishy and could vote either way.
                                                sigpic
                                                DILLIGAF
                                                "Never attribute to malice that which can be adequately explained by stupidity, but don't rule out malice"
                                                "Once is Happenstance, Twice is Coincidence, Thrice is Enemy Action"
                                                "The flak is always heaviest, when you're over the target"

                                                  Comment

                                                  • #4618
                                                    Sgt Raven
                                                    Veteran Member
                                                    • Dec 2005
                                                    • 3806
                                                    Originally posted by robertfchew
                                                    Where exactly are we at with this? I had surgery earlier this week so not really paying attention

                                                    IIRC, Monday is the end of the 30+30+10 day period, but is a holiday. So it moves to Tuesday. Then we have to wait for Judge Benitez to write his opinion.
                                                    sigpic
                                                    DILLIGAF
                                                    "Never attribute to malice that which can be adequately explained by stupidity, but don't rule out malice"
                                                    "Once is Happenstance, Twice is Coincidence, Thrice is Enemy Action"
                                                    "The flak is always heaviest, when you're over the target"

                                                      Comment

                                                      • #4619
                                                        NorCalBusa
                                                        Senior Member
                                                        • Dec 2006
                                                        • 1497
                                                        Originally posted by robertfchew
                                                        Where exactly are we at with this? I had surgery earlier this week so not really paying attention
                                                        You haven't missed anything substantive, just us in the peanut gallery kibitzing...
                                                        If you don't know where you are going, any road will take you there

                                                          Comment

                                                          • #4620
                                                            Bhobbs
                                                            I need a LIFE!!
                                                            • Feb 2009
                                                            • 11848
                                                            Watching is irrelevant. The circuits will respond when there are consequences.

                                                              Comment

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