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

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  • SpudmanWP
    CGN/CGSSA Contributor
    CGN Contributor
    • Jul 2017
    • 1156

    Originally posted by AlmostHeaven
    The Ninth Circuit will deny the en banc rehearing request because this instance would benefit Second Amendment plaintiffs, as opposed to gun control proponents.
    AWB cases are headed to SCOTUS from the 2nd, 4th, 7th, 10th, etc. The 9th not taking it en banc will not have any effect on this.

    Comment

    • ar15barrels
      I need a LIFE!!
      • Jan 2006
      • 56961

      Originally posted by Bhobbs
      Is there anyway for the plaintiffs to petition to merge Miller with Duncan?
      They can petition to have pink flamingos served for lunch.
      It's about as likely to occur as combining the two cases.

      The two cases are contesting completely different PC so it's extremely unlikely they would ever be combined.

      Flamingos for lunch is more likely.
      Randall Rausch

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      Comment

      • Mongo68
        Member
        • May 2010
        • 221

        Originally posted by ar15barrels
        They can petition to have pink flamingos served for lunch.
        It's about as likely to occur as combining the two cases.

        The two cases are contesting completely different PC so it's extremely unlikely they would ever be combined.

        Flamingos for lunch is more likely.
        MMMM deep fried. Like my 2A rights...

        Comment

        • AlmostHeaven
          Veteran Member
          • Apr 2023
          • 3808

          Originally posted by SpudmanWP
          AWB cases are headed to SCOTUS from the 2nd, 4th, 7th, 10th, etc. The 9th not taking it en banc will not have any effect on this.
          I understand, but the Fourth and Ninth Circuit Courts of Appeals have both successfully carried out a strategy of delay that have guaranteed none of the assault weapons ban cases will gain the procedural posture necessary for Supreme Court review until mid-2025, or even late-2025.

          I see no indication that the other left-wing circuits will choose a different path.
          A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

          The Second Amendment makes us citizens, not subjects. All other enumerated rights are meaningless without gun rights.

          Comment

          • stag6.8
            Senior Member
            • Jun 2007
            • 1335

            Now since Duncan has been decided (enbanc denied of course and will be going before scotus , again as a GVR'd case), will this case finally be able to proceed in the 9th circuit of appeals?
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            Comment

            • Bhobbs
              I need a LIFE!!
              • Feb 2009
              • 11847

              The 9th circuit just requested briefs from both parties on what impact, if any, Duncan had on Miller.

              Comment

              • 7.62mm_fmj
                Member
                • Nov 2019
                • 200

                Briefs are in. DOJ is claiming the "assault weapon" features are simply accessories and not protected as per Duncan. Shocker.

                Comment

                • abinsinia
                  Veteran Member
                  • Feb 2015
                  • 4101

                  Originally posted by 7.62mm_fmj
                  Briefs are in. DOJ is claiming the "assault weapon" features are simply accessories and not protected as per Duncan. Shocker.
                  This has always been the argument. It just that Duncan reinforces it.

                  Comment

                  • abinsinia
                    Veteran Member
                    • Feb 2015
                    • 4101

                    SUPPLEMENTAL BRIEF submitted for filing by Appellant Rob Bonta, Appellant Allison Mendoza. [Entered: 04/23/2025 06:04 PM]


                    SUPPLEMENTAL BRIEF submitted for filing by Appellee James Miller, Appellee San Diego County Gun Owners Political Action Committee, Appellee Wendy Hauffen, Appellee Gunfighter Tactical, LLC, Appellee Firearms Policy Coalition, Inc., Appellee Second Amendment Foundation, Appellee John Phillips, Appellee Neil Rutherford, Appellee California Gun Rights Foundation, Appellee Adrian Sevilla, Appellee Pwgg, Lp, Appellee Ryan Peterson. [Entered: 04/23/2025 03:31 PM]

                    Comment

                    • Sgt Raven
                      Veteran Member
                      • Dec 2005
                      • 3792

                      I saw the Cali Appellant Allison Mendoza. and had a double take.
                      Then I realized it was not the same Allison as with the OLLs.
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                      "Never attribute to malice that which can be adequately explained by stupidity, but don't rule out malice"
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                      Comment

                      • Paladin
                        I need a LIFE!!
                        • Dec 2005
                        • 12385

                        9CCA

                        240+ examples of CCWs Saving Lives.

                        Comment

                        • abinsinia
                          Veteran Member
                          • Feb 2015
                          • 4101

                          Originally posted by Paladin
                          It's already available on the 9th circuit court of appeals youtube channel. It was also live streamed on that channel when it happened.

                          Comment

                          • Bhobbs
                            I need a LIFE!!
                            • Feb 2009
                            • 11847

                            It’s insane to think we’re coming up on 2 years from the oral arguments and still don’t have the opinion.

                            Comment

                            • EM2
                              Veteran Member
                              • Jan 2008
                              • 4802

                              Originally posted by Bhobbs
                              It’s insane to think we’re coming up on 2 years from the oral arguments and still don’t have the opinion.

                              ...
                              "duck the femocrats" Originally posted by M76

                              If violent crime is to be curbed, it is only the intended victim who can do it. The felon does not fear the police, and he fears neither judge nor jury. Therefore what he must be taught to fear is his victim. Col. Jeff Cooper

                              Originally posted by SAN compnerd
                              It's the flu for crying out loud, just stop.

                              Comment

                              • Dvrjon
                                CGN/CGSSA Contributor - Lifetime
                                CGN Contributor - Lifetime
                                • Nov 2012
                                • 11254

                                Two days after the oral arguments, the case was held awaiting Duncan. https://assets.nationbuilder.com/fir...pdf?1706314902

                                The Bruen decision reset everything and is now presenting novel understandings of the ruling as applied to all of the past cases. Duncan is now scheduled for en banc and this panel doesn’t want their ruling to potentially convolute the en banc deliberations.

                                It’s like having all of the aircraft ready to take off, but everything is grounded until the plane first in line launches.

                                Comment

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