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

[7.62mm_fmj]

SCOTUS GVR'd Duncan. Miller was held by the 9th C-A Chief Judge, pending Bruen, before a 3 Judge panel was empaneled.
The AWB case GVR'd was Bianchi in the 4th C-A.

That's right, it's so easy to get all these cases mixed up.

I've come around to accepting that mag bans like Duncan are de facto gun bans, not unlike AW bans; i.e., they are bans on guns in common use for lawful purposes that have a capacity greater than 10, and should be squashed a la Heller. Let's just dispense with the anti-gun narrative that magazines are "accoutrements" or whatever.

[champu]

Should the Three Judge Panel rule against Mr. Miller, then, also IMHO, his most advantageous course of action would be to seek Supreme Court Review.

If we want to turn our cynicism up to 11..

Even if the state gets a favorable ruling at the three judge panel, a judge could call for en banc with the intention of delaying the case until there is a change to SCOTUS. Then they can release the en banc decision that affirms the panel decision.

[AlmostHeaven]

Gun rights plaintiffs need to appeal to the Supreme Court and get Miller v. Bonta onto the conference calendar before the Ninth Circuit could take the case en banc. This struggle may remain at only the threshold of nonviolent lawfare for now, but we have been at war over Second Amendment rights for decades.

[MuayThaiJJ]

Where are we at with this? I have not been keeping up. Are threaded barrels on handguns kosher yet?

[AlmostHeaven]

Where are we at with this? I have not been keeping up. Are threaded barrels on handguns kosher yet?

Unfortunately, no. The assault weapons ban ruling by Judge Benitez got stayed (paused) by the Ninth Circuit Court of Appeals. California will have to wait a year or more before further progress.

[Sgt Raven]

Where are we at with this? I have not been keeping up. Are threaded barrels on handguns kosher yet?

A semi auto pistol with a detachable magazine and a threaded barrel is still a Type 3 AW.
A semi auto pistol with a fixed mag 10 rounds or less can have a threaded barrel.

[G-forceJunkie]

Nothing has changed and won't for years.

Where are we at with this? I have not been keeping up. Are threaded barrels on handguns kosher yet?

[SpudmanWP]

Where are we at with this? I have not been keeping up. Are threaded barrels on handguns kosher yet?

The administrative stay was extended until the expedited Appeal that the State requested. The original oral argument date was set for December, but it was pushed forward to January. The Courtlistener page is not up for the Appeal so I can't get the specifics yet.

We should have a decision a few months after that, maybe 6. If the State loses at the 3-judge level, they will appeal for an En Banc hearing. If the Plaintiffs lose at the 3-judge level, they will likely appeal for both an En Banc and SCOTUS hearing.

[riderr]

The administrative stay was extended until the expedited Appeal that the State requested. The original oral argument date was set for December, but it was pushed forward to January. The Courtlistener page is not up for the Appeal so I can't get the specifics yet.

We should have a decision a few months after that, maybe 6. If the State loses at the 3-judge level, they will appeal for an En Banc hearing. If the Plaintiffs lose at the 3-judge level, they will likely appeal for both an En Banc and SCOTUS hearing.

If SCOTUS takes the Illinois assault gun ban, Miller will be put on hold again.

[splithoof]

If SCOTUS takes the Illinois assault gun ban, Miller will be put on hold again.

So, from someone who is certainly no legal scholar, we might see a conclusion to the Miller case in two years or so given the various delay tactics that politicians and courts have proven expert at?..

[AlmostHeaven]

If SCOTUS takes the Illinois assault gun ban, Miller will be put on hold again.

I would much rather have the Supreme Court, with its current composition, grant certiorari to the Illinois assault weapons ban case in 2024, than wait until 2025 or even 2026 for Miller v. Bonta. Only God knows how many more years Justices Thomas and Alito will remain.

[splithoof]

I would much rather have the Supreme Court, with its current composition, grant certiorari to the Illinois assault weapons ban case in 2024, than wait until 2025 or even 2026 for Miller v. Bonta. Only God knows how many more years Justices Thomas and Alito will remain.

I agree.
I think the strategy of the Leftist here is to delay until a more favorable SCOTUS is seated. At that point the 9th will ramrod cases up that way quickly to once and for all be done with 2A rights as much as possible. Democrats will rejoice.

[AlmostHeaven]

I agree.
I think the strategy of the Leftist here is to delay until a more favorable SCOTUS is seated. At that point the 9th will ramrod cases up that way quickly to once and for all be done with 2A rights as much as possible. Democrats will rejoice.

I pray for Republicans to win the Senate and Presidency in November 2024. Justices Thomas and Alito would then have the opportunity to gracefully retire in 2025 or 2026 and cement a durable originalist majority on the Supreme Court for a long time.

[Mithrandir13]

it doesn't matter... every section will eventually go to 9th circuit, 3 judges may or may not throw down every section, En Banc, upheld... and Californezuela Tyrants hope and pray when it reaches SCOTUS, it is stacked with Commie Soros/obummer/biden commie justices...

that is the Newscum/democrat/californiatan process...
.

.

[AlmostHeaven]

Either the Fourth Circuit Maryland or Seventh Circuit Illinois assault weapons ban challenge will reach the Supreme Court before Miller v. Bonta, at the current pace.

Liberal states are exploiting the weaknesses of the judicial system with surgical precision.