California assault weapon ban. Ninth Circuit Upholds Constitution, FINALLY!

[Ura-Ki]

BREAKING: FPC Wins “Assault Weapon” Lawsuit in Historic Victory for Second Amendment Rights

Today, Firearms Policy Coalition (FPC) announced that Judge Roger T. Benitez of the Southern District of California has issued an opinion in Miller v. Bonta (previously Miller v. Becerra), holding that California’s tyrannical ban on so-called “assault weapons” is unconstitutional under the...

www.firearmspolicy.org

Finally, we get a pro 2nd opinion from the 9th which will have serious ramifications here in Oregon and Washington!

This is a YUGE win for the 2nd, and, that dickhead Knudson and his lift every skirt, er,......voice sham anti 2nd org just got kicked in the teeth!

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[solv3nt]

BREAKING: FPC Wins “Assault Weapon” Lawsuit in Historic Victory for Second Amendment Rights

Today, Firearms Policy Coalition (FPC) announced that Judge Roger T. Benitez of the Southern District of California has issued an opinion in Miller v. Bonta (previously Miller v. Becerra), holding that California’s tyrannical ban on so-called “assault weapons” is unconstitutional under the...

www.firearmspolicy.org

Finally, we get a pro 2nd opinion from the 9th which will have serious ramifications here in Oregon and Washington!

This is a YUGE win for the 2nd, and, that dickhead Knudson and his lift every skirt, er,......voice sham anti 2nd org just got kicked in the teeth!

Yes and no, it looks like it was either a single judge or a panel. Refer to Young Vs. Hawaii for an example of when it goes to the full circuit.

 

[msgriff]

PDF of the ruling:
CA AWB Overturned

 

[Mono1]

CRPA should be giving our Good Neighbors to the south some guidance on this very soon.

 

[L84Cabo]

I don't want to rain on the parade as this is excellent news...but this case is very likely just getting started.

The judge also issued a 30 day stay, in order to allow the Communists to appeal to the 9th. That stay will remain in place for the duration while the appeal is happening.

The appeals court will first review the case with a three judge panel. If the three judge panel upholds the decision (probably 50/50 depending on which judges get picked) then the Communists will petition for an 11 judge en banc hearing.

It's highly unlikely this decision will be upheld by the very corrupt 9th. If they overturn it, then it's off to SCOTUS and lord only knows how long that will take...and/or if SCOTUS will even agree to hear it.

There is a possibility, however, that Communists will not appeal this case. I haven't read the decision yet but Judge Benitez is usually extremely thorough in his decisions. If the Communists believe this decision will ultimately be upheld, they may take the loss to attempt to limit the effects of this case to just California. I mean, if it stands, it will create a conflict among other Circuit Courts that have banned so called assault weapons. But SCOTUS would then have to step in and resolve the conflict...and who knows whether they'd do that or not given their track record on gun cases. But the communists may decide to play those odds vs. having the case overturned by the 9th, which would definitely send it to SCOTUS.

So...keep your fingers crossed and stay tuned!

 

[User 1234]

This is a trial court ruling. From here it will be stayed (suspended) while it works its way through the appeals process.

 

[huzar]

Judge Benitez strikes again: https://thereload.com/california-assault-weapons-ban-struck-down/

Granted, there will be appeals, and the ruling will be stayed until those have run their course, but it's still nice to see.

 

[huzar]

There's no way they won't appeal. They've appealed every other one of Judge Benitez's pro-2A rulings, and have had them overturned at the en banc level

 

[Alexx1401]

As soon as I saw the headline the first thing I thought is no way this was a final ruling. Trump did get some better black robes on that court but, I will be shocked if this stands.

 

[Longwalkhome]

You never know what really moves the courts but here is a little tidbit of news that may be part of the new thinking.

"State-to-state migration data recently released by the Internal Revenue Service shows that California lost an estimated net 70,534 households—or 165,355 taxpayers and their dependents—in years 2017-2018, with those fleeing taking around $8.8 billion in net adjusted gross income with them.

Interstate migration flows are influenced by a number of factors, including retirement, job opportunities, and housing costs. Brandon Ristoff, a policy analyst with the California Policy Center, told Center Square that the flight of billions of dollars from California is driven by the state's "bad policies on the economy, education and more."

 

[Bat-S-Crazy]

Yes and no, it looks like it was either a single judge or a panel. Refer to Young Vs. Hawaii for an example of when it goes to the full circuit.

Cant, they now ask for an Enbanc review of three judges etc? and then appeal one more time to a panel of 11, 9th circuit justices after that? I believe that's the standard course.. After that we then appeal to be heard at the Supreme court with this. Perhaps this is why the S.C, is taking up a major 2A case this November...

 

[cigars]

Well whatever it it, it's a well deserved poke in the eye to the Progressive Marxists.

 

[ma96782]

Really GOOD news from CA.

Judge overturns California’s 32-year ban on assault weapons

A federal judge has overturned California’s three-decade-old ban on assault weapons, calling it a “failed experiment” that violates people's constitutional right to bear arms. U.S. District Judge Roger Benitez of San Diego ruled on Friday that the state’s definition of illegal military-style...

www.yahoo.com

Aloha, Mark

 

[ma96782]

Mods,

Please connect this to the other thread posted by huzar on the same subject.

Aloha, Mark

 

[nammac]

Really GOOD news from CA.

Judge overturns California’s 32-year ban on assault weapons

A federal judge has overturned California’s three-decade-old ban on assault weapons, calling it a “failed experiment” that violates people's constitutional right to bear arms. U.S. District Judge Roger Benitez of San Diego ruled on Friday that the state’s definition of illegal military-style...

www.yahoo.com

Aloha, Mark

Don't worry, it'll be appealed... It's kommiefornia......

 

[Stomper]

Don't worry, it'll be appealed... It's kommiefornia......

It's the communists way….

 

[Deacon]

"In California, murder by knife occurs seven times more often than murder by rifle"

Imagine that, fewer people killed every year by those evil black rifles than by knives... But politicians in California aren't ones to be deterred by facts and logic. I'm surprised that they haven't attempted to ban "assault knives" with blades longer than 1/2"...

 

[Stomper]

You never know what really moves the courts but here is a little tidbit of news that may be part of the new thinking.

"State-to-state migration data recently released by the Internal Revenue Service shows that California lost an estimated net 70,534 households—or 165,355 taxpayers and their dependents—in years 2017-2018, with those fleeing taking around $8.8 billion in net adjusted gross income with them.

Interstate migration flows are influenced by a number of factors, including retirement, job opportunities, and housing costs. Brandon Ristoff, a policy analyst with the California Policy Center, told Center Square that the flight of billions of dollars from California is driven by the state's "bad policies on the economy, education and more."

Kali is losing residents almost as fast as CNN & MSNBC are viewers….

 

[nammac]

Kali is losing residents almost as fast as CNN & MSNBC are viewers….

Yea, problem is they're moving to Oregon and bringing their asinine politics with them...

 

[billdeserthills]

Second Amendment Foundation's version

SAF COURT VICTORY: JUDGE SAYS CAL. ‘ASSAULT WEAPON BAN’ UNCONSTITUTIONAL - Second Amendment Foundation

BELLEVUE, WA — The Second Amendment Foundation has won a significant court ruling in the case of Miller v. Bonta, which challenged the constitutionality of California’s ban on so-called “assault weapons,” with U.S. District Court Judge Roger T. Benitez declaring the state’s statutes regarding...

www.saf.org