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

[Metal God]

I think the percolate, or work it’s way back through the courts is not necessarily a bad thing “IF” they take up one of these cases . My thinking is that the Supreme Court gets to check and see if texting tradition is the right standard of review . They can look at all the new cases coming up and seeing what the arguments are then tweak their text TIM tradition precedent as needed. FWIW I don’t think the gun control advocates arguments that flash hider’s muzzle brakes, pistol grips, barrel shrouds, etc. are Not core to the right is an interesting argument. Recent precedent I believe have made them core but IMHO there is a very little ever so slight argument there against that needs to be fully worked out ( crushed ) so it never comes back .

IDK but I think the argument and or ruling should be something like - If the attachment does not substantially change the internal functionality of the firearm and is not dangerous and unusual like chainsaw attachment or other crazy attachment. It is not regulate-able .

The other thing that needs to be clarified is the unusual part of dangerous and unusual ? Which I think the Fouts case will address in some way because the plaintiffs in that case specifically brought that up . Not in passing but in a real substantial way in there arguments. I think the court will address that issue because even the judge in the hearing was displeased with the defendant substituting or in place of and .

[SpudmanWP]

SCOTUS has already responded twice post-Bruen in ways that are extraordinarily rare.

The first was the warning that it gave the 2nd Circuit in order to make sure that they address the appeal quickly or that they would revisit the request for PI.

The second and most recent is ACB's order for the City of Naperville to file responses to the plaintiff's motion for emergency relief in the form of a PI. Those are due on 5/8/2023.

[Metal God]

I agree , post Mcdonald/Heller we saw nothing like this . I think all these states going full ret*%d inside a year of Bruen is hugely in our favor .

[SpudmanWP]

It's like they think piling sandbags on the beach will save them from the oncoming 2ATidalWave

[flyer898]

If anyone has a link to the opinion from the CA 3rd District Court of Appeal (Sacramento) opinion, please post it. My question is: is this a published opinion? If not it only binds the parties and cannot be cited even as persuasive authority. However, a published opinion is binding on every CA trial court.

[BAJ475]

If anyone has a link to the opinion from the CA 3rd District Court of Appeal (Sacramento) opinion, please post it. My question is: is this a published opinion? If not it only binds the parties and cannot be cited even as persuasive authority. However, a published opinion is binding on every CA trial court.

It was posted in a different thread. https://www.courts.ca.gov/opinions/d...ts/C095234.PDF

[Metal God]

Anyone else think every time the judge gets ready to publish the nation suffers another mass shooting and he decides to sit on it ?

[ajb78]

Anyone else think every time the judge gets ready to publish the nation suffers another mass shooting and he decides to sit on it ?

No.

[tenemae]

Anyone else think every time the judge gets ready to publish the nation suffers another mass shooting and he decides to sit on it ?

Holding it pending SCOTUS action on NAGR v. Naperville makes more sense, although still unlikely

[ritter]

Holding it pending SCOTUS action on NAGR v. Naperville makes more sense, although still unlikely

Speaking of, IL response and a number of amici are now posted for our reading pleasure.

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/22a948.html

IL craps all over common use for lawful purposes. What will the SCOTUS response be, one wonders.

[SpudmanWP]

I was not aware that the stay was not done correctly.
If true, this just makes it more likely ACB issues a PI.

The Southern District of Illinois?relying on this Court?s decisions in Heller and Bruen?granted that relief on April 28, 2023. See Barnett v. Raoul, 2023 U.S. Dist. LEXIS 74756, at *1 (S.D. Ill. Apr. 28, 2023) (?Barnett?). Defendants sought a stay in the District Court on April 28, 2023, but before plaintiffs could file a response as the court instructed, and before that request could be heard by the district court, defendants sought ?emergency? relief from the Seventh Circuit, in blatant violation of Rule 8(a)(2)(A) of the Federal Rules of Appellate Procedure. A single judge of the Seventh Circuit soon undid the injunction, granting the state?s ?emergency? motion for a stay of the district court?s preliminary injunction without even awaiting a response from the plaintiffs.

[abinsinia]

I was not aware that the stay was not done correctly.
If true, this just makes it more likely ACB issues a PI.

They're suppose to ask the judge for the stay first, then if not given seek the higher court.

[chris]

Anyone else think every time the judge gets ready to publish the nation suffers another mass shooting and he decides to sit on it ?

These shootings are not by any accident what so ever. As tragically as it sounds the antis will use any tool necessary to achieve the laws they want. That includes the death of innocent people.

[AlmostHeaven]

These shootings are not by any accident what so ever. As tragically as it sounds the antis will use any tool necessary to achieve the laws they want. That includes the death of innocent people.

I'm not sure I'd go that far, but there are certainly some big concerns.

Most recently, why the Texas mall shooter's "views" were released so quickly but the Nashville shooter's manifesto is still under seal.

I think it's too much to say every attack is being allowed on purpose, but there is no doubt the responses are in accordance with a sinister agenda.

[TruOil]

I'm not sure I'd go that far, but there are certainly some big concerns.

Most recently, why the Texas mall shooter's "views" were released so quickly but the Nashville shooter's manifesto is still under seal.

I think it's too much to say every attack is being allowed on purpose, but there is no doubt the responses are in accordance with a sinister agenda.

That small portion of the Nashville shooter's apparent motivation was to "make a statement" about "gun violence," school shootings, and the need to ban semiautomatic rifles. Which is kind of strange, since he/she/it used an AR to enter, but then appears to have switched to a 9mm PCC to commit the murders.