Other State California Duncan v Bonta, en banc rules for the state 11-30-21

[arakboss]

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We knew from the outset that Fallout 76 was going to be the centerpiece of Bethesda’s big show. The company’s been releasing info in dribs and drops this week, including

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BREAKING! Stay of Mandate in Duncan Case Granted. - CRPA

Plaintiffs in the Duncan v. Bonta “large capacity magazine” case recently were dealt a blow...

crpa.org

150 days is better than nothing but in SCOTUS time that will be eaten up quickly. What are the chances that the SCOTUS will issue a longer lasting Stay?

 

[Kruel J]

150 days is better than nothing but in SCOTUS time that will be eaten up quickly. What are the chances that the SCOTUS will issue a longer lasting Stay?

A good example of how IP17/18 probably won't get very far, if it even makes the ballot.

 

[SonicBlue03]

A good example of how IP17/18 probably won't get very far, if it even makes the ballot.

I am unwilling to bet all on that roulette play.

 

[arakboss]

I am unwilling to bet all on that roulette play.

I suspect a Stay is right around the corner for all the Assault Weapons bans we have across the country. If that doesn't happen and you get busted under some bogus assault weapon charge (they are all bogus) then just whip out your pocket constitution and direct them to the 2nd Amendment section. That is your get of jail free card. Keep it handy so you can show it every step of the way from the intial LEO contact to the Prison Staff and to your bunk mate who will no doubt say "sure you're innocent, we are all innocent in here".

 

[Kruel J]

I suspect a Stay is right around the corner for all the Assault Weapons bans we have across the country. If that doesn't happen and you get busted under some bogus assault weapon charge (they are all bogus) then just whip out your pocket constitution and direct them to the 2nd Amendment section. That is your get of jail free card. Keep it handy so you can show it every step of the way from the intial LEO contact to the Prison Staff and to your bunk mate who will no doubt say "sure you're innocent, we are all innocent in here".

All the assault weapons bans we have across the country? Why perpetuate fear?

 

[Librarian]

The stay is good for 150 days or throughout the certorari petition and possible grant of cert by SCOTUS.

What this means is, CA still cannot enforce the 'all large-capacity magazines are illegal' law. But it's still on the books.

 

[Librarian]

I suspect a Stay is right around the corner for all the Assault Weapons bans we have across the country

For a 'stay' to happen, there would need to be litigation, and a ruling, and a decision by a court to delay the implementation of that ruling.

We're not in that position today.

 

[arakboss]

All the assault weapons bans across the country? Why perpetuate fear?

View attachment 1094053

That is 8 more than there should be but we should not be afraid as these bans are just words on paper. The actual ban would be chosen by the firearm owner. And if the firearm owner chooses to ban the firearms from himself then it is more of choice than a ban.

 

[arakboss]

...

For a 'stay' to happen, there would need to be litigation, and a ruling, and a decision by a court to delay the implementation of that ruling.

We're not in that position today.

No biggie, I doubt very many firearm owners follow these bans and restrictions anyways. Firearm restrictions are kind of like speed limits, lots of states have them but not too many people follow them.

 

[Librarian]

...

Firearm restrictions are kind of like speed limits, lots of states have them but not too many people follow them.

True.

Many such laws are simply illogical - why should it be illegal to give/sell someone a gun without going through an FFL? (Interstate and some places like California)

You cannot reason to such a restriction, you have to be told it exists, and then the teller must endure the disbelief.

( See malum prohibitum and malum in se)

But such laws are on the books, and can be enforced if LE choose to do that. So far, they mostly seem occupied with better uses of their resources - even though we know plenty of places where that's changing: San Francisco, Portland, Chicago, ...

 

[Librarian]

Well, here we are in 2023, and same old, same old.

TL;DR - no 'freedom week', shenanigans at the 9th as expected, no known date for next step.

Benitez released his opinion 9-22-23: https://michellawyers.com/wp-conten...ision-Signed-by-Judge-R.-Benitez2263869.1.pdf

It declared the CA mag law at PC32310 unconstitutional. It also contained a 'courtesy stay' until CA could file an appeal.

In a very odd move, the en banc panel that was vacated by SCOTUS seized the case as a 'comeback'.

Today, 10-10-23, the 9th granted a stay while it is being appealed: https://storage.courtlistener.com/recap/gov.uscourts.ca9.345123/gov.uscourts.ca9.345123.10.0.pdf

And, my goodness, four judges dissented and are not at all pleased;

If the protection of the people's fundamental rights wasn't such a serious matter, our court's attitude toward the Second Amendment would be laughably absurd. For years, this court has shot down every Second Amendment challenge to a state regulation of firearms—effectively granting a blank check for governments to restrict firearms in any way they pleased. We got here by concocting a two-part tiers-of-scrutiny test, which permitted judges to interest-balance away the Second Amendment guarantee. But this approach was "nothing more than a judicial sleight-of-hand, . . .feign[ing] respect to the right to keep and bear arms" but never enforcing its protection. Duncan v. Bonta, 19 F.4th 1087, 1147 (9th Cir. 2021) (en banc)
(Bumatay, J., dissenting).

 

[GWS]

So, what does it take for the Supreme Court to just say "Enough!" and intercede against the 9th and their unconstitutional shenanigans? Can they even do such a thing?

 

[Stomper]

Well, here we are in 2023, and same old, same old.

TL;DR - no 'freedom week', shenanigans at the 9th as expected, no known date for next step.

Benitez released his opinion 9-22-23: https://michellawyers.com/wp-conten...ision-Signed-by-Judge-R.-Benitez2263869.1.pdf

It declared the CA mag law at PC32310 unconstitutional. It also contained a 'courtesy stay' until CA could file an appeal.

In a very odd move, the en banc panel that was vacated by SCOTUS seized the case as a 'comeback'.

Today, 10-10-23, the 9th granted a stay while it is being appealed: https://storage.courtlistener.com/recap/gov.uscourts.ca9.345123/gov.uscourts.ca9.345123.10.0.pdf

And, my goodness, four judges dissented and are not at all pleased;

 

[CamoDeafie]

So, what does it take for the Supreme Court to just say "Enough!" and intercede against the 9th and their unconstitutional shenanigans? Can they even do such a thing?

It would require an Act of Congress for removal of 9th Circuit Justices, I think? Or at the least, Congressional Hearings... otherwise... GVR and overturn and nullify 9th decisions as usual?

 

[CamoDeafie]

"Federal judges can only be removed through impeachment [/B]by the House of Representatives and conviction in the Senate. Judges and Justices serve no fixed term — they serve until their death, retirement, or conviction by the Senate."

From https://www.whitehouse.gov/about-the-white-house/our-government/the-judicial-branch/

Believe that applies to District Court of Appeals Justices too. That is very likely why one particular Party has been gung-ho about removing Thomas and possibly Alito, if not also Kavanaugh and Gorsuch (MeToo thing relating to Kavanaugh)

 

[Mathias]

Will force the Supreme Court to decide the matter....in certainty.

 

[Mathias]

All the assault weapons bans we have across the country? Why perpetuate fear?

View attachment 1094053

And Washington state?

 

[P7M13]

All the assault weapons bans we have across the country? Why perpetuate fear?

View attachment 1094053

An update to your graphic. Oregon legislature will surely attempt to add us to the red.

 

[uberguy]

Wait a minute I got no problem carrying an extra gun. Heck a pair of 1911's in 45ACP with 8rd mags would be right handy should the situation arise.

That's heavy man. Like 7-8 lbs.

 

[Stomper]

"Federal judges can only be removed through impeachment [/B]by the House of Representatives and conviction in the Senate. Judges and Justices serve no fixed term — they serve until their death, retirement, or conviction by the Senate."

From https://www.whitehouse.gov/about-the-white-house/our-government/the-judicial-branch/

Believe that applies to District Court of Appeals Justices too. That is very likely why one particular Party has been gung-ho about removing Thomas and possibly Alito, if not also Kavanaugh and Gorsuch (MeToo thing relating to Kavanaugh)

Fine… then death it is!