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

[bwiese]

Even a miniscule window between a Judge Benitez order and Ninth Circuit stay would allow Californians to convert and manufacture assault weapons that the state would have to consider allowing registration. Prosecution would become immensely more difficult with the creation of a period where guns could legally have come into possession, similar to large-capacity magazines in Duncan v. Bonta.

Agreed. People could in 5-10 mins...

• replace 'fin grip' (+ unpin stock, etc.) on 'featureless' guns;
• remove fixed mag HW and revert to normal mag catches;
• drop BBs from pre-2016ish BB'd guns that were BB-RAWs.

Even a 24 (or less) hour gap would create a "Freedom {day|evening|hour}"

[NoCoSurfer]

Agreed. People could in 5-10 mins...

• replace 'fin grip' (+ unpin stock, etc.) on 'featureless' guns;
• remove fixed mag HW and revert to normal mag catches;
• drop BBs from pre-2016ish BB'd guns that were BB-RAWs.

Even a 24 (or less) hour gap would create a "Freedom {day|evening|hour}"

"...drop BBs from pre-2016ish BB'd guns that were BB-RAWs."
I was thinking about just this the other day, wouldn't they have to de-register it first via CA DOJ.

https:// oag. ca. gov/firearms/regagunfaqs#14

To cancel an assault weapon registration, contact DOJ at (916) 227-2153. Once the registration has been canceled, the firearm can be sold or transferred like any other firearm (non-assault weapon).

I can't see the state/9th circuit moving slowly enough to enjoin a stay and quickly enough to de-register a BB assault weapon.

[ExuberantRaptorZeta]

Agreed. People could in 5-10 mins...

• replace 'fin grip' (+ unpin stock, etc.) on 'featureless' guns;
• remove fixed mag HW and revert to normal mag catches;
• drop BBs from pre-2016ish BB'd guns that were BB-RAWs.

Even a 24 (or less) hour gap would create a "Freedom {day|evening|hour}"

Or just stick a Freedom Week mag into a "fixed-mag" AR and you've got an Assault Weapon in 2 seconds. Bonus points if yours has a Hogue Freedom Fighter pin and you can just file that puppy down.

[riderr]

"...drop BBs from pre-2016ish BB'd guns that were BB-RAWs."
I was thinking about just this the other day, wouldn't they have to de-register it first via CA DOJ.

https:// oag. ca. gov/firearms/regagunfaqs#14

To cancel an assault weapon registration, contact DOJ at (916) 227-2153. Once the registration has been canceled, the firearm can be sold or transferred like any other firearm (non-assault weapon).

I can't see the state/9th circuit moving slowly enough to enjoin a stay and quickly enough to de-register a BB assault weapon.

Even if your registered AW lower is a toss-up, don't you have another lower, legally purchased prior to the AW registration and sitting in the safe? I am totally ready for the swap.

[NoCoSurfer]

Even if your registered AW lower is a toss-up, don't you have another lower, legally purchased prior to the AW registration and sitting in the safe? I am totally ready for the swap.

I was referring specifically to the caveat regarding BB-RAW included in Cal. Code Regs. tit. 11 ? 5477

(a) The release mechanism for an ammunition feeding device on an assault weapon registered pursuant to Penal Code section 30900, subdivision (b)(1) shall not be changed after the assault weapon is registered. A weapon's eligibility for registration pursuant to Penal Code section 30900, subdivision (b)(1) depends, in part, on its release mechanism. Any alteration to the release mechanism converts the assault weapon into a different weapon from the one that was registered.
(b) The prohibition in subdivision (a) does not extend to the repair or like-kind replacement of the mechanism.
(c) This prohibition in subdivision (a) does not extend to a firearm that is undergoing the deregistration process pursuant to section 5478. Written confirmation from the Department that acknowledges the owner's intent to deregister an assault weapon pursuant to section 5478 shall be proof the deregistration process has been initiated.

Note: Authority cited: Section 30900, Penal Code. Reference: Sections 30515 and 30900, Penal Code.

As I understand it, a BB-RAW cannot be modified until it is officially undergoing the de-registration process. Would any injunction issued affect them? Any window opened in which to convert a firearm from featureless or mag-locked, would potentially only be beneficial to those who intended to register those firearms with the state, once that window in which they could be legally modified was closed. Once a stay is enjoined, and if a potential registration opportunity for fully featured rifles existed, you would essentially then be trying register a rifle with the state that is already registered as a BB-RAW.

[eaglemike]

Or just stick a Freedom Week mag into a "fixed-mag" AR and you've got an Assault Weapon in 2 seconds. Bonus points if yours has a Hogue Freedom Fighter pin and you can just file that puppy down.

Just unscrew the bushing that holds the pin down and remove the parts in the lower. If loctite was used might have to heat it up with a hair dryer.

[GetMeCoffee]

Stay Strategy

We all know that if Benitez does not grant a stay, Bonta will speed-dial the 9th and have one really fast. We all know that the documents are already drawn up.

Would it be possible for Benitez to write the order in a way where he acknowledges the stay, doesn't grant it but sets up an expedited briefing/ hearing schedule to "fully consider the State's request"? Would that keep the 9th from intervening since the District Court is diligently considering the State's request?

For those that say "No, because the 9th does Bonta's bidding", would that not catch the eye of SCOTUS since they have been so generous with deference to lower courts?

Reminds me of the parable of the king that forgave his subject's debt, only to find out that the subject had gone on to mercilessly collect debt owed to him.

[AlmostHeaven]

We all know that if Benitez does not grant a stay, Bonta will speed-dial the 9th and have one really fast. We all know that the documents are already drawn up.

Would it be possible for Benitez to write the order in a way where he acknowledges the stay, doesn't grant it but sets up an expedited briefing/ hearing schedule to "fully consider the State's request"? Would that keep the 9th from intervening since the District Court is diligently considering the State's request?

For those that say "No, because the 9th does Bonta's bidding", would that not catch the eye of SCOTUS since they have been so generous with deference to lower courts?

Reminds me of the parable of the king that forgave his subject's debt, only to find out that the subject had gone on to mercilessly collect debt owed to him.

I do not think that Judge Benitez has a procedural mechanism to render final judgment while retaining control of the case, but I would certainly love to see the possibility explored.

[abinsinia]

We all know that if Benitez does not grant a stay, Bonta will speed-dial the 9th and have one really fast. We all know that the documents are already drawn up.

Would it be possible for Benitez to write the order in a way where he acknowledges the stay, doesn't grant it but sets up an expedited briefing/ hearing schedule to "fully consider the State's request"? Would that keep the 9th from intervening since the District Court is diligently considering the State's request?

For those that say "No, because the 9th does Bonta's bidding", would that not catch the eye of SCOTUS since they have been so generous with deference to lower courts?

Reminds me of the parable of the king that forgave his subject's debt, only to find out that the subject had gone on to mercilessly collect debt owed to him.

Bonta can speed dial the court of appeals, but if the motions panel isn't stacked with corrupt judges then they have problems.

I posted the October motions panel,

https://www.calguns.net/calgunforum/showpost.php?p=28163711&postcount=1431

one Trump judge and one Bush judge.

[Sgt Raven]

Or just stick a Freedom Week mag into a "fixed-mag" AR and you've got an Assault Weapon in 2 seconds. Bonus points if yours has a Hogue Freedom Fighter pin and you can just file that puppy down.

Why file it down" An allen key would remove the hollow screw holding the pin in.

[newbieLA]

15 min , Let’s GO!

[AlmostHeaven]

No decision has come today.

See you all on Friday, October 20, 2023.

[tast101]

stop jinxing it. 2 more weeks now.

[Sgt Raven]

Didn't the PI on the FRT triggers case drop on a Saturday night?

[7.62mm_fmj]

That might catch the state off guard if it drops on the weekend