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James Miller vs Rob Bonta, California AWB challenge


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#1 starwatcher

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Posted 04 June 2021 - 08:01 PM

https://d3n8a8pro7vh....pdf?1622850515

 

I didn't see a thread on this, lock if its already posted.

 

Basically, Judge ruled Heller protects AR-15's.



#2 Euler

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Posted 04 June 2021 - 08:04 PM

... in Federal District court of Southern CA. Expect an appeal to CA9.
The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#3 Flynn

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Posted 04 June 2021 - 09:14 PM

There are some heads spinning now...  Sadly CA9 is fully anti-gun and will almost certainly reverse the decission.

 

The question is how much longer can the Supreme Court ignore further defining the 2nd and allow a patchwork of different 2nd rights by zip code?


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#4 BobPistol

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Posted 04 June 2021 - 09:15 PM

Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle, the AR-15 is the kind of versatile gun that lies at the intersection of the kinds of firearms protected under District of Columbia v. Heller, 554 U.S. 570 (2008) and United States v Miller, 307 U.S. 174 (1939)

 

 

How much you wanna bet the judge has at least one of them? :)


The Second Amendment of the Constitution protects the rest.

#5 cybermgk

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Posted 05 June 2021 - 05:57 AM

... in Federal District court of Southern CA. Expect an appeal to CA9.

In CA right now

 

"Well, it's a free for all, and I heard it said
You can bet your life
Stakes are high and so am I

It's in the air tonight"

 

-Ted Nugent, Free For All


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#6 mikew

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Posted 05 June 2021 - 09:31 AM

 

Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle, the AR-15 is the kind of versatile gun that lies at the intersection of the kinds of firearms protected under District of Columbia v. Heller, 554 U.S. 570 (2008) and United States v Miller, 307 U.S. 174 (1939)

 

 

How much you wanna bet the judge has at least one of them? :)

 

One of each!



#7 Gamma

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Posted 05 June 2021 - 11:07 AM

 

Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle, the AR-15 is the kind of versatile gun that lies at the intersection of the kinds of firearms protected under District of Columbia v. Heller, 554 U.S. 570 (2008) and United States v Miller, 307 U.S. 174 (1939)

 

 

How much you wanna bet the judge has at least one of them? :)

 

Firearm intersectionality :lol:


Illinois' FCCA is a prime example of the maxim that sufficiently advanced incompetence is indistinguishable from malice.

#8 DoYouFeelLucky

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Posted 05 June 2021 - 11:29 AM

Where do my MSR's that identify as single shot bolt action rifles fall in this?  Asking for a friend.


Freedom has a cost, and a free society must always be vigilant and ready to defend themselves against those that would misuse those freedoms to harm others. You cannot legislate the protection of free people, they must turn to themselves to preserve and maintain their freedom. Copyright 2012 Niner8Zulu Consulting

#9 Plinkermostly

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Posted 22 June 2021 - 04:53 AM

CNN: 

9th Circuit Appeals Court blocks the overturn of California's assault weapons ban

 

 

https://www.cnn.com/...cked/index.html

 

 

 

 

Surprise???


Edited by Plinkermostly, 22 June 2021 - 04:54 AM.


#10 bmyers

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Posted 22 June 2021 - 05:59 AM

How is it that they can hear case like this so quickly, yet others take years to be heard?


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#11 gunuser17

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Posted 22 June 2021 - 08:29 AM

They didn't hear the case, they heard a motion to stay the district court's order while the appeal was pending.  As a result the 9th Circuit put this new case on hold while they decide a very similar case that has already been briefed.  As I expect, once the 9th Circuit rules in the older case that the ban is ok, they will remand this new case to the district court telling that court to now take into account the expected decision in the older case.  In total, they can then defer dealing with this new Benitez decision for a couple of years at least.



#12 BobPistol

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Posted 22 June 2021 - 08:38 AM

How is it that they can hear case like this so quickly, yet others take years to be heard?

 

LWW-ism moves fast, the constitution moves slow. 


Edited by BobPistol, 22 June 2021 - 08:38 AM.

The Second Amendment of the Constitution protects the rest.

#13 mrmagloo

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Posted 22 June 2021 - 12:06 PM

It's amazing to me that the Bill of Rights is supposed to be beyond reproach and shall not EVER be infringed.  However, when politicians clearly design legislation to breach those rights, the entire judicial system plays this game to allow this infringement to exist for months, years, and in some cases decades, until it's convenient to address and it "works" through the system.

 

That a bunch of BS in my mind.  The state of Illinois and a few others has crafted an art of gaming the system and playing the cat and mouse game, specifically trying to push the boundaries, and going past, and figuring they will at least have their time in the sun for the duration.  This should never be possible.

 

Imho, those who infringe on core individual rights, and those that allow the continuation, should be PERSONALLY responsible and liable for the contributing act for trampling these very important rights.  This is F'd up.



#14 Smallbore

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Posted 22 June 2021 - 12:30 PM

Our courts for decades have used their power to usurp our constitution, to usurp liberty. They use their power to protect the increasing power of a dictatorial government. The "states interest" out weights personal liberty. Marxist through and through.
Moderation in temper is always a virtue; but moderation in principle is always a vice. THOMAS PAINE




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