Re: CA "assault weapons" ban likley dead
2Boy, I sure hate a lot of those stocks made to comply with CA. Won't miss that.
CDFingers
CDFingers
Crazy cat peekin' through a lace bandana
like a one-eyed Cheshire, like a diamond-eyed Jack
like a one-eyed Cheshire, like a diamond-eyed Jack
Re: CA "assault weapons" ban likley dead
3There a summary of the video. Not in a place I can listen….
Re: CA "assault weapons" ban likley dead
4To quickly summarize, Miller v Bonta was a case decided by Judge Roger Benitez in the Southern District (San Diego) that used text and history to overturn CA's ban on assault weapons. A panel of the 9th Circuit stayed it based on the CA AG's argument that Benitez should have used the 9th Circuits "two step process" and not text and history in overturning the ban. And then Bruen happened and they threw out the two step process used in all circuits and "text and history" is now the rule for all federal and state courts in evaluating firearms laws. FPC has filed to vacate the stay and uphold Benitez's ruling in Miller v Bonta.
From the Bruen opinion:
https://reason.com/volokh/2022/06/26/br ... step-test/In the years since, the Courts of Appeals have coalesced around a "two-step" framework for analyzing Second Amendment challenges that combines history with means-end scrutiny. Today, we decline to adopt that two-part approach. . . . Despite the popularity of this two-step approach, it is one step too many. Step one of the predominant framework is broadly consistent with Heller, which demands a test rooted in the Second Amendment's text, as informed by history. But Heller and McDonald do not support applying means-end scrutiny in the Second Amendment context. Instead, the government must affirmatively prove that its firearms regulation is part of the historical tradition that delimits the outer bounds of the right to keep and bear arms.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan
Re: CA "assault weapons" ban likley dead
5It is the most expedient way to restore a constitutional right. Which means, CA9 will do everything in its power to not go along that path.
Re: CA "assault weapons" ban likley dead
6Talk about a rogue court. The ninth should be disbanded and new justices appointed.featureless wrote: Sun Jul 03, 2022 11:30 am It is the most expedient way to restore a constitutional right. Which means, CA9 will do everything in its power to not go along that path.
Re: CA "assault weapons" ban likley dead
7The 9th circuit is the largest covering 9 states, Guam and the Marianas. Compare that with the 2nd Circuit, 3rd Circuit, 5th Circuit, 7th Circuit and the 11th Circuit, that each cover only 3 states. Last I checked there were 27 active and senior judges on the 9th and they can stay forever, no age limits.
I agree, the 9th will come up with some legal loopholes to find California's gun control laws legal. I wish FPC well in their fight to win Miller v Bonta.
I agree, the 9th will come up with some legal loopholes to find California's gun control laws legal. I wish FPC well in their fight to win Miller v Bonta.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan
Re: CA "assault weapons" ban likley dead
8The same could be said of SCOTUS.sikacz wrote: Sun Jul 03, 2022 11:59 am Talk about a rogue court. The ninth should be disbanded and new justices appointed.
The older I get, the better I was.
Re: CA "assault weapons" ban likley dead
9Perhaps. The huge difference is the ninth is a lower court under the SCOTUS that routine ignores the ruling of the higher court.
Re: CA "assault weapons" ban likley dead
10"Text, history, tradition." Kills the two-step approach.
Suggests an overturn is in the works.
CDFingers
Suggests an overturn is in the works.
CDFingers
Crazy cat peekin' through a lace bandana
like a one-eyed Cheshire, like a diamond-eyed Jack
like a one-eyed Cheshire, like a diamond-eyed Jack
Re: CA "assault weapons" ban likley dead
11Not holding my breath, but hopeful. I'm sure CA9 will find some way to fuck things procedurally.
Re: CA "assault weapons" ban likley dead
12I hope CA's roster and microstamping also fall based on text, history and tradition.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan
Re: CA "assault weapons" ban likley dead
13I hope so, I've almost given up they would fall based on reality and civil rights.highdesert wrote: Wed Jul 06, 2022 6:04 am I hope CA's roster and microstamping also fall based on text, history and tradition.
The ban may very well be dead but I fear it will continue on as a zombie for years to come.
Re: CA "assault weapons" ban likley dead
14Yup, the anti-gunners who run CA will try every legal tactic to keep the roster and microstamping alive and well. I assume that the powerful law enforcement lobby in CA will be behind it.BKinzey wrote: Sat Jul 09, 2022 11:50 pmI hope so, I've almost given up they would fall based on reality and civil rights.highdesert wrote: Wed Jul 06, 2022 6:04 am I hope CA's roster and microstamping also fall based on text, history and tradition.
The ban may very well be dead but I fear it will continue on as a zombie for years to come.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan
Re: CA "assault weapons" ban likley dead
15Bonta says keep 'em banned. We got this. https://assets.nationbuilder.com/firear ... t_Stay.pdf
Re: CA "assault weapons" ban likley dead
16Bonta is claiming "assault weapons" are dangerous and unusual. He's also claiming the Sullivan Act, the very one SCOTUS just stomped, is an appropriate time for text, history and tradition. Therefor, the state will totally prevail in Miller and status quo should be left as is until that time. Liars get to be so tiresome.
Re: CA "assault weapons" ban likley dead
17Bonta's opponent in November: https://www.nathanhochman.com/about/
Hopefully Hochman campaigns on the doxing of concealed carriers and gun owners by Bonta's office. Bonta is coming across as as poor administrator of the AGs office as Harris.
Hopefully Hochman campaigns on the doxing of concealed carriers and gun owners by Bonta's office. Bonta is coming across as as poor administrator of the AGs office as Harris.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan
Re: CA "assault weapons" ban likley dead
18Plaintiffs say lift the stay, no need to reexamine, District Court applied THT and state can't prevail. It's worth the read to see just how much NYSRPA will change litigation.
https://assets.nationbuilder.com/firear ... t_Stay.pdf
https://assets.nationbuilder.com/firear ... t_Stay.pdf
Re: CA "assault weapons" ban likley dead
19The 9th desperately wishes to keep review of its authorata out of this collection of supremes. Lest it see its authorata greatly diminished.
Subliterate Buffooery of the right...
Literate Ignorance of the left...
We Are So Screwed
Literate Ignorance of the left...
We Are So Screwed
Re: CA "assault weapons" ban likley dead
20Yes, CA9 found, just last year in Young, that the 2A provides no right to bear outside the home. I think they forgot to ever read Heller. I'm sure they won't bother reading NRSRPA either.rolandson wrote: Tue Jul 19, 2022 1:24 pm The 9th desperately wishes to keep review of its authorata out of this collection of supremes. Lest it see its authorata greatly diminished.
Re: CA "assault weapons" ban likley dead
21Yeah, somehow I don’t think the 9th cares what the SCOTUS rules.featureless wrote: Tue Jul 19, 2022 1:37 pmYes, CA9 found, just last year in Young, that the 2A provides no right to bear outside the home. I think they forgot to ever read Heller. I'm sure they won't bother reading NRSRPA either.rolandson wrote: Tue Jul 19, 2022 1:24 pm The 9th desperately wishes to keep review of its authorata out of this collection of supremes. Lest it see its authorata greatly diminished.
Re: CA "assault weapons" ban likley dead
22Except...sikacz wrote: Tue Jul 19, 2022 5:44 pmYeah, somehow I don’t think the 9th cares what the SCOTUS rules.featureless wrote: Tue Jul 19, 2022 1:37 pmYes, CA9 found, just last year in Young, that the 2A provides no right to bear outside the home. I think they forgot to ever read Heller. I'm sure they won't bother reading NRSRPA either.rolandson wrote: Tue Jul 19, 2022 1:24 pm The 9th desperately wishes to keep review of its authorata out of this collection of supremes. Lest it see its authorata greatly diminished.
They are called The Supremes for a reason. The Nine trump the 9th...
God help us all.
Subliterate Buffooery of the right...
Literate Ignorance of the left...
We Are So Screwed
Literate Ignorance of the left...
We Are So Screwed
Re: CA "assault weapons" ban likley dead
23Still, how will they force anything. They’d probably have to take up every case and overturn. If they don’t the 9th will simply ignore the rulings like it has in the past.rolandson wrote: Tue Jul 19, 2022 5:48 pmExcept...sikacz wrote: Tue Jul 19, 2022 5:44 pmYeah, somehow I don’t think the 9th cares what the SCOTUS rules.featureless wrote: Tue Jul 19, 2022 1:37 pmYes, CA9 found, just last year in Young, that the 2A provides no right to bear outside the home. I think they forgot to ever read Heller. I'm sure they won't bother reading NRSRPA either.rolandson wrote: Tue Jul 19, 2022 1:24 pm The 9th desperately wishes to keep review of its authorata out of this collection of supremes. Lest it see its authorata greatly diminished.
They are called The Supremes for a reason. The Nine trump the 9th...
God help us all.