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

[BaronW]

I'm sure the reactions will be fun but I guarantee Benitez will stay it. He doesn't seem like the kind of judge that would play games with his rulings.

Agreed. Judge Benitez has never shown anything but respect for the law (including the constitution) and the institution of the courts. Putting a stay isn't about respecting the individuals currently abusing their positions to violate civil rights, it's about respecting the institutions they are hijacking. I don't see him doing anything remotely "sneaky" for a short-term gain.

That said, I have some excellent BBQ sauce and will happily eat crow on Friday (after reconfiguring some rifles) if I'm wrong.

[WithinReason]

I only need 24 hours and a stay similar to the LCM case which allowed folks who acted during the oIpen period to keep the status quo. I?ll have every evil feature back on the guns In hours.

The appeals will take years and in the interim every statute prohibiting previously-designated AW in the state (except named weapons) would be enjoined allowing use of the gun in its original incarnation. With the LCM stay in Duncan, we will have years of history with full weapons using LCMs and removable mags.

That should sink all of this nonsense and Newsom. Another, (and yet, untragic) boating accident.

I like your thinking. Even if we get a Freedom Hour, we can build new rifles.

[mroblivian]

Didn?t judge Benitez stay Duncan to make sure anyone who bought standard mags during freedom week were protected? He suspected that 9th circus might re instate the possession ban

Besides in the miller decision from a couple years back he denied the stay.


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[Chewy65]

Oh man, the Miller decision drop is going to be legendary.

CA lawmakers, the 9th, and Gavin D1ckbag are going to lose their minds. There will be tears, screaming, gnashing of teeth, and lots of incessant whining to the media. It will be glorious. I will raise my beer(s) to the dramarama and savor the outrage and butthurt emanating out of Sacramento and San Francisco.

And you can bet the 9th will be on speed dial to stay anything if Benitez doesn't. All of which will pile even more political pressure onto the 9th to somehow uphold CA's ridiculous and unconstitutional ban or stack the deck as they have in the past. Only now the public knows their game. And the fun part is, like Duncan, they can't uphold the AW ban without looking like corrupt political hacks by openly defying SCOTUS and case law. There simply is no THT to do what they want.

He11, I'll need to grab some extra popcorn for that one.

Let's show a little respect and refrain from the "Gavin Dickbag" stuff. It's "Governor Gavin Dickbag".

[rplaw]

Let's show a little respect and refrain from the "Gavin Dickbag" stuff. It's "Governor Gavin Dickbag".

*AHEM!*

We have rules for decorum on this site. Please use them and refer to "The Honorable Governor Gavin Dickbag" with the proper respect.

[Drahem]

*AHEM!*

We have rules for decorum on this site. Please use them and refer to "The Honorable Governor Gavin Dickbag" with the proper respect.

I thought it was the Honorable Governor Gavin Douchebag!

[EM2]

*AHEM!*

We have rules for decorum on this site. Please use them and refer to "The DIS-Honorable Governor Gavin Dickbag" with the proper respect.

fixered it fer ya

[AlmostHeaven]

When Judge Benitez releases the assault weapons ban ruling, I wonder whether the Ninth Circuit will pull the exact same procedural stunt as the en banc panel did in Duncan v. Bonta, or will they actually "allow" a 3-judge panel to take the case. Strategically, I hope the Ninth Circuit behaves as egregiously as possible and takes all three major Second Amendment challenges directly en banc.

[mroblivian]

When Judge Benitez releases the assault weapons ban ruling, I wonder whether the Ninth Circuit will pull the exact same procedural stunt as the en banc panel did in Duncan v. Bonta, or will they actually "allow" a 3-judge panel to take the case. Strategically, I hope the Ninth Circuit behaves as egregiously as possible and takes all three major Second Amendment challenges directly en banc.

New month means a new panel correct? I do admit that I don?t know exactly when the change happens though.


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[Epaphroditus]

3 panel affirms, en banc reverses, SCOTUS GVRs, etc etc

[Sgt Raven]

When Judge Benitez releases the assault weapons ban ruling, I wonder whether the Ninth Circuit will pull the exact same procedural stunt as the en banc panel did in Duncan v. Bonta, or will they actually "allow" a 3-judge panel to take the case. Strategically, I hope the Ninth Circuit behaves as egregiously as possible and takes all three major Second Amendment challenges directly en banc.

Miller was put on hold at the 3 Judge level. So there isn't a en banc panel to claw it back.

[Bolt_Action]

Miller was put on hold at the 3 Judge level. So there isn't a en banc panel to claw it back.

Why should that matter?

[Sgt Raven]

Why should that matter?

What mechanism is there to impanel an en banc panel in a case that has not been heard by a 3 Judge panel? IANAL, so someone more knowledgeable in the subject please explain it.

[Chewy65]

What mechanism is there to impanel an en banc panel in a case that has not been heard by a 3 Judge panel? IANAL, so someone more knowledgeable in the subject please explain it.

I don't recall if this qualifies as a claw back or not . See 9th Circ General Orders 3.6 b.:

Matters Arising After Remand By an En Banc Court Where a new appeal is taken following a remand or other decision by an en banc court, the Clerk?s Office shall notify the en banc court that the new appeal is pending, and proceed only after hearing instructions from that en banc court. The en banc court will decide whether to keep the case or to refer it to the three judge panel. The en banc court may elect to refer the case to the three judge panel while retaining jurisdiction over any future en banc proceedings. If the en banc panel so elects, a new en banc court will not be drawn from the eligible pool of judges at the time of future proceedings. (Rev. 12/10/18; 1/11/16)

[Chewy65]

What mechanism is there to impanel an en banc panel in a case that has not been heard by a 3 Judge panel? IANAL, so someone more knowledgeable in the subject please explain it.

I don't recall if this qualifies as a comeback or not . See 9th Circ General Orders 3.6 b.:

Matters Arising After Remand By an En Banc Court Where a new appeal is taken following a remand or other decision by an en banc court, the Clerk?s Office shall notify the en banc court that the new appeal is pending, and proceed only after hearing instructions from that en banc court. The en banc court will decide whether to keep the case or to refer it to the three judge panel. The en banc court may elect to refer the case to the three judge panel while retaining jurisdiction over any future en banc proceedings. If the en banc panel so elects, a new en banc court will not be drawn from the eligible pool of judges at the time of future proceedings. (Rev. 12/10/18; 1/11/16)