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

[Bhobbs]

So where are we with this case?

Waiting for Benitez to rule. I?d be surprised if we see anything before Thanksgiving.

[AlmostHeaven]

TRUE: But both categories can exist simultaneously, with different rules applying to each. Why not?

And any single firearm could qualify as one, both, or neither of these things: some rifles are not "assault weapons", some "assault weapons" are not rifles (pistol with threaded barrel, etc.), some "assault weapons" are not even firearms (part or parts kit, etc.). Why not?



NOT TRUE: They don't have to argue anything like that. Again, both terms can exist and can be applied to any firearm separately or in combination, unless you find an actual directly conflicting rule.



NOT TRUE: The legislature did not do what you said. It passed three different bills amending the same previous version of the law, each without reference to the other.

• One bill added a new definition of "assault weapon" and new rules for them.
• The other bills did not 'know' about the coming new "assault weapon" definition, so they could not remove or substitute it.
• The "semiautomatic assault rifle" definition was already there, and none of the bills changed it.
• There is no definition of "semiautomatic assault weapon" in the RCW, either before or after these three bills.

NOT TRUE: the law now criminalizes sale, import, and manufacture of anything that meets the new definition of "assault weapon" (again, some which are not rifles, or even firearms).

Existing law already criminalizes different actions for "semiautomatic assault rifles" and none of the 2023 bills changed anything about that...

Sorry for the multiple replies if it's "bad form," but it seemed there was a lot to unpack in your post. I believe that I'm done now.

Also, I suspect that any more detailed discussion of the WA changes probably belongs over in https://www.calguns.net/calgunforum/....php?t=1848600.

Even merely reading these statutes gives me a headache.

Gun control laws, especially the feature-based restrictions colloquially known as assault weapons bans, never make any logical sense, because all of them come from a place of total ignorance and a desire to ban guns that look "military-style" and scare the public rather than anything based on true technical capabilities.

[spike90049]

Waiting for Benitez to rule. I?d be surprised if we see anything before Thanksgiving.

Bc he's waiting for Rhode?

[Bhobbs]

Bc he's waiting for Rhode?

I expected him to release his rulings together but Duncan saw some motions dismissed yesterday. Either he isn?t waiting to release them as a group or he?s closer to releasing them all than I thought.

[JiuJitsu]

I expected him to release his rulings together but Duncan saw some motions dismissed yesterday. Either he isn?t waiting to release them as a group or he?s closer to releasing them all than I thought.

IMO he has to ensure the decisions for each are all legally and logically coherent with each other to a degree. But the release of each decision doesn't necessarily have to be simultaneous.

[abinsinia]

ORDER [Dkt.# 155 ;Dkt.# 132 ]. Signed by Judge Roger T. Benitez on 8/25/2023. (All non-registered users served via U.S. Mail Service)(ddf) (Entered: 08/25/2023)

ORDER [Dkt.# 141 ]. Signed by Judge Roger T. Benitez on 8/25/2023. (All non-registered users served via U.S. Mail Service)(ddf) (Entered: 08/25/2023)

Another set or clean up orders .

[Bhobbs]

It’s good to finally see some movement, even if it’s just house keeping.

[Haplo]

False alarm

[SpudmanWP]

Another set or clean up orders .

More importantly, it's denying the Defendants the ability to delay.

[redhead]

He was 'pro-lifer' which means unelectable except in certain limited
districts. Women vote - and vote earlier and live longer and vote
more often.

That?s a shame. I?m a woman, and I voted for McClintock. I did not like Arnold, I didn?t trust him. He seemed too far to the left to suit me.

[USMCmatt]

So how does this work with AR pistols. If it is overturned, can those be brought in? Or does it, as I suspect, now fall into the issue with the handgun roster and still not kosher without modifications.

[AlmostHeaven]

So how does this work with AR pistols. If it is overturned, can those be brought in? Or does it, as I suspect, now fall into the issue with the handgun roster and still not kosher without modifications.

California has not allowed AR-15 pistol transfers through DROS for some time now, so indeed, the handgun roster would also need to fall.

[Sgt Raven]

California has not allowed AR-15 pistol transfers through DROS for some time now, so indeed, the handgun roster would also need to fall.

There are 'bolt action' repeater AR pistols like Juggernaut Tactical on the roster right now. They don't fall under the single shot exemption. Find a Reno May YT video on the subject.

[AlmostHeaven]

There are 'bolt action' repeater AR pistols like Juggernaut Tactical on the roster right now. They don't fall under the single shot exemption. Find a Reno May YT video on the subject.

Yes, but can California-compliant AR-15 modifications like the Juggernaut Tactical or KingPin have barrel lengths of under 16"? All of these workaround products are certainly very confusing.

[Sgt Raven]

Yes, but can California-compliant AR-15 modifications like the Juggernaut Tactical or KingPin have barrel lengths of under 16"? All of these workaround products are certainly very confusing.

The roster listed Juggernaut Tactical AR-15 & AR-9 pistols have 8.5" barrels as DOJ tested. What they do not have is a gas block/tube.