Re: CA "assault weapons" ban likley dead

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sikacz wrote: Sun Jul 03, 2022 9:09 am There a summary of the video. Not in a place I can listen….

To 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:
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.
https://reason.com/volokh/2022/06/26/br ... step-test/
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

Re: CA "assault weapons" ban likley dead

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The 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.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

Re: CA "assault weapons" ban likley dead

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1911FREAK wrote: Mon Jul 04, 2022 12:55 pm
sikacz wrote: Sun Jul 03, 2022 11:59 am Talk about a rogue court. The ninth should be disbanded and new justices appointed.
The same could be said of SCOTUS.
Perhaps. The huge difference is the ninth is a lower court under the SCOTUS that routine ignores the ruling of the higher court.
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"Resistance is futile. You will be assimilated!" Loquacious of many. Texas Chapter Chief Cat Herder.

Re: CA "assault weapons" ban likley dead

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BKinzey wrote: Sat Jul 09, 2022 11:50 pm
highdesert wrote: Wed Jul 06, 2022 6:04 am I hope CA's roster and microstamping also fall based on text, history and tradition.
I hope so, I've almost given up they would fall based on reality and civil rights.

The ban may very well be dead but I fear it will continue on as a zombie for years to come.
Yup, 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.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

Re: CA "assault weapons" ban likley dead

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featureless wrote: Tue Jul 19, 2022 1:37 pm
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.
Yes, 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.
Yeah, somehow I don’t think the 9th cares what the SCOTUS rules.
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"Resistance is futile. You will be assimilated!" Loquacious of many. Texas Chapter Chief Cat Herder.

Re: CA "assault weapons" ban likley dead

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sikacz wrote: Tue Jul 19, 2022 5:44 pm
featureless wrote: Tue Jul 19, 2022 1:37 pm
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.
Yes, 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.
Yeah, somehow I don’t think the 9th cares what the SCOTUS rules.
Except...
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

Re: CA "assault weapons" ban likley dead

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rolandson wrote: Tue Jul 19, 2022 5:48 pm
sikacz wrote: Tue Jul 19, 2022 5:44 pm
featureless wrote: Tue Jul 19, 2022 1:37 pm
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.
Yes, 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.
Yeah, somehow I don’t think the 9th cares what the SCOTUS rules.
Except...
They are called The Supremes for a reason. The Nine trump the 9th...
God help us all.
Still, 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.
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"Resistance is futile. You will be assimilated!" Loquacious of many. Texas Chapter Chief Cat Herder.

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