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

[SpudmanWP]

Docket 175 is the Beniez Judgement.

This is just the Clerk officially closing the case from the perspective of the District court.

[BlessedHunter]

The briefs and oral arguments were delayed........

https://assets.nationbuilder.com/firearmspolicycoalition/pages/5381/attachments/original/1699471665/2023.11.08_022-1_Scheduling_ORDER.pdf?1699471665

Why though?

[foreppin916]

The briefs and oral arguments were delayed........

https://assets.nationbuilder.com/firearmspolicycoalition/pages/5381/attachments/original/1699471665/2023.11.08_022-1_Scheduling_ORDER.pdf?1699471665

Why though?

because its the 9th circus and "why not" delay it into oblivion...

[abinsinia]

The briefs and oral arguments were delayed........

https://assets.nationbuilder.com/firearmspolicycoalition/pages/5381/attachments/original/1699471665/2023.11.08_022-1_Scheduling_ORDER.pdf?1699471665

Why though?

That's odd. It wasn't a judge doing it was the clerk of the court. How does the clerk of the court override the judges of the motions panel ?

[abinsinia]

I suspect foul play.. The case was originally assigned to the court in Portland, OR. Then the oral arguments were reassigned to Pasadena, CA.

I suspect someone didn't like the judges this was assigned to, and someone picked new judges.

[BlessedHunter]

Could someone point to some law or procedure where this is allowed?

This is starting to get downright sinister with the games that are being played.

Sent from my Pixel 7 using Tapatalk

[40calfunk]

Looks like the 7th USCA is coming up with its own test in its latest opinion...common arms protected by the 2A vs military arms. Looks like they consider AR/AK/HCMs to be military arms and fall outside the scope of 2A.

Wanna bet that 9th USCA is willing to commit to similar arguments in this case (and others)? Also recommend checking out how they explained the "militia" and really leaned into USA v. Miller (1939)

7th USCA opinion in Barnett, et all v. Raoul

[ExuberantRaptorZeta]

And then a month from now it'll get pushed another month.

This is insane.

Remember when we revolted and went to war against our government because we didn't like our beverage being taxed? Good times.

[AlmostHeaven]

Practically every week, we witness entirely new sinister machinations and procedural inventions designed to ensure that Second Amendment rights never make any progress in the Ninth Circuit.

The Supreme Court remains distant and uninterested in interlocutory intervention. I am getting tired of the system.

[TruOil]

I suspect foul play.. The case was originally assigned to the court in Portland, OR. Then the oral arguments were reassigned to Pasadena, CA.

I suspect someone didn't like the judges this was assigned to, and someone picked new judges.

I suspect that the parties being California residents, the issue arising under California law, and the decision issuing out of the southern district court, when the Court saw that the attorneys were seeking remote appearances (Zoom) instead of personal appearances (preferred by the Court), they moved the case to the courthouse in So.Cal. to accommodate the parties.

[Bhobbs]

Every day it become clearer than the courts will never secure our rights. Noncompliance is the only way forward.

[AlmostHeaven]

My stress levels regarding the future of the right to keep and bear arms certainly have been rising nonstop over the past few months.

[GetMeCoffee]

I suspect that the parties being California residents, the issue arising under California law, and the decision issuing out of the southern district court, when the Court saw that the attorneys were seeking remote appearances (Zoom) instead of personal appearances (preferred by the Court), they moved the case to the courthouse in So.Cal. to accommodate the parties.

Whoa there! Are you trying to say that this was done for professional reasons and not some dubious plot?!? This is downright sacrilege! /s

[ExuberantRaptorZeta]

Whoa there! Are you trying to say that this was done for professional reasons and not some dubious plot?!? This is downright sacrilege! /s

Why would the written arguments also have to be postponed a month?

[SpudmanWP]

Why would the written arguments also have to be postponed a month?

They need "more" time to find an appropriate historical analog....