Miller V Becerra

HaveBlue · Jun 7, 2021

Does it seem strange to anyone else that AWB’s never call out actual machine guns?

Maestro Pistolero · Jun 7, 2021

Not really. The 86 closure of the registration essentially banned them for all but the richest enthusiasts, which was the first wedge into gun bans.

rbird7282 · Jun 7, 2021

Maestro Pistolero said:
Not really. The 86 closure of the registration essentially banned them for all but the richest enthusiasts, which was the first wedge into gun bans.

Lol, hardly the first wedge into gun control

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Maestro Pistolero · Jun 8, 2021

rbird7282 said:
Lol, hardly the first wedge into gun control

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True, but not what I said.

wjackcooper · Jun 9, 2021

Judge Benitez points out:
"[T]he popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment . . . . [T]he overwhelming majority of citizens who own and keep the popular AR-15 rifle and its many variants do so for lawful purposes, including self-defense at home. Under Heller, that is all that is needed. [J]udicial review can end right here.” Opinion, at pages 1 and 13.*

Then in addition:
Probably considering the number of Progressive Judges on the 9th Circuit Court of Appeals, he fortified his opinion with about 80 pages of factual and legal analysis finding (among other reasons) the ban to be unconstitutional via interest-balancing (safety v. the 2A) using intermediate and strict scurnity.*

Demonstrating:
Once again, that 2A case outcomes are almost entirely dependent on whether the Judge is Conservative (like Benitez) or a Progressive . . . who would very likely (despite Heller’s “common use” protection) find the AR-15 to be “extraordinary” and the 2A to be outweigh by safety (e.g., one school shooting) no matter what the overwhelming weight of mathematical and statistical evidence might show.**

Regards
Jack

*https://oag.ca.gov/system/files/attachments/press-docs/Decision -- Miller 20210604.pdf
**Bush, 2003 appointee : https://en.wikipedia.org/wiki/Roger_Benitez
**https://www.scotusblog.com/2008/06/heller-quotes-from-the-majority/ (55)

rbird7282 · Jun 9, 2021

Maestro Pistolero said:
True, but not what I said.

Lol, ok

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wjackcooper · Jun 11, 2021

Notice of an Appeal to the 9th Circuit COAs filed yesterday. My guess is (there are many, many variables) at least one, maybe more than two years before the case is concluded.

Regards
Jack

https://storage.courtlistener.com/recap/gov.uscourts.casd.642089/gov.uscourts.casd.642089.117.0.pdf

HaveBlue · Jun 13, 2021

Maestro Pistolero said:
Not really. The 86 closure of the registration essentially banned them for all but the richest enthusiasts, which was the first wedge into gun bans.

You are correct. However, these bans have nothing to do with safety and everything to do with optics. Why overlook such a juicy target with no sympathetic victims?

I think the real reason is that most of the “lawmakers” think machine guns are already illegal.

DC-W · Aug 1, 2022

Saint Benitez awaits.

Allen65 · Aug 1, 2022

DC-W said:
Saint Benitez awaits.

So the revised ruling back to 9CA from Benitez will be "See, I had it right tbe first time around, you sanctimonious morons"

delaware_export · Aug 2, 2022

Well, that would be good. lets see, if Benitez does say that the ruling was done correctly, and also consistent with bruen, the first time, will the normal 9th shenanigans ensue? state appeals, panel or en banc finds a new activist path to go against benitez‘ ruling … and so on… it’s the same activist court that upheld Perutta and Young and all sorts of anti 2a stuff. Some have said it’s the most overturned district. at least from what I’ve heard folks say…

Allen65 said:
So the revised ruling back to 9CA from Benitez will be "See, I had it right tbe first time around, you sanctimonious morons"

motorcoachdoug · Aug 2, 2022

Their is a reason that 9CA is called the bastard child of the federal circuits and gets the most smack-downs as well!

lazarus · Aug 2, 2022

delaware_export said:
Well, that would be good. lets see, if Benitez does say that the ruling was done correctly, and also consistent with bruen, the first time, will the normal 9th shenanigans ensue? state appeals, panel or en banc finds a new activist path to go against benitez‘ ruling … and so on… it’s the same activist court that upheld Perutta and Young and all sorts of anti 2a stuff. Some have said it’s the most overturned district. at least from what I’ve heard folks say…

I doubt he will have the exact same opinion. The same result I have zero doubt. But the opinion will be different to conform with THT and it is likely to be airtight based on Benitez previous ruling (he isn't going to have to change THAT much to conform to THT).

It'll still take at least several weeks, maybe a few months for a final ruling from the district court.

Sure, the appeals court can still pull shenanigans. SCOTUS is likely to just kick them in the tender places if they do.

jcutonilli · Oct 14, 2022

krucam said:
Opening briefs at District were filed yesterday. 2 varying interpretations in considering Bruen.
State:
https://assets.nationbuilder.com/firearmspolicycoalition/pages/5381/attachments/original/1665730758/Miller_v_Bonta_137_Defendants'_Supplemental_Brief.pdf?1665730758

Plaintiffs:
https://assets.nationbuilder.com/firearmspolicycoalition/pages/5381/attachments/original/1665701033/Miller_v_Bonta_136_Plaintiffs'_Additional_Brief.pdf?1665701033

delaware_export · May 5, 2023

This article says that the Cali ban is back… but I am confused about the references to the circuits involved. Maybe it’s just a confused reporter?

the article mentions 3rd district?

California appeals court upholds state-wide assault weapons ban

A California court last week upheld a state-wide assault weapons ban that applies to firearms like the AR-15.

www.foxnews.com

jcutonilli · May 5, 2023

delaware_export said:
This article says that the Cali ban is back… but I am confused about the references to the circuits involved. Maybe it’s just a confused reporter?

the article mentions 3rd district?

California appeals court upholds state-wide assault weapons ban

A California court last week upheld a state-wide assault weapons ban that applies to firearms like the AR-15.

www.foxnews.com

California appeals court generally means state court. This map lists the state court districts. https://www.courts.ca.gov/documents/cacourtleaders-letter.pdf

It appears someone sued in state court and lost.

Miller v Bonta is a federal court case that has been remanded back down to the district court. No opinion has been issued since its remand.

delaware_export · May 6, 2023

Thanks. Us non legal folks often need guides.

jcutonilli said:
California appeals court generally means state court. This map lists the state court districts. https://www.courts.ca.gov/documents/cacourtleaders-letter.pdf

It appears someone sued in state court and lost.

Miller v Bonta is a federal court case that has been remanded back down to the district court. No opinion has been issued since its remand.

Stoveman · Oct 19, 2023

Another win!

https://assets.nationbuilder.com/firearmspolicycoalition/pages/5381/attachments/original/1697737480/2023.10.19_175_OPINION.pdf?1697737480

Stoveman · Oct 19, 2023

He stayed his decision for 10 days to give the state an opportunity to appeal.

krucam · Jan 23, 2024

Miller v Bonta Oral Arguments are tomorrow at CA9.

Miller V Becerra

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