Duncan v. Bonta Round 2 is OUT!

[Oro]

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Bruce

Thanks.

I guess that's the downside of three different threads on a subject. I checked two and missed that one!

 

[PrDubi]

I think all of the Guntubers need to just shut their trap and let them do it secretly.

 

[ma96782]

Maybe it IS (or NOT)..... just better to go to the full SCOTUS at this point?

Aloha, Mark

 

[ilikegunspdx]

Maybe it IS (or NOT)..... just better to go to the full SCOTUS at this point?

Aloha, Mark

Repost. This is a repost of the video in post #217 above.

 

[Oro]

Maybe it IS (or NOT)..... just better to go to the full SCOTUS at this point?

Aloha, Mark

That's what this means. The CRPA is going to make an interlocutory appeal to the USSC.

The process is first they appeal to Kagan, as it's her assigned region. If she does not intervene, that is not the end. They can then go to ANY member of the USSC who can then intervene. And it's a very safe bet one of them will take that appeal up and cut 9th C out. The unprecedented and alarming dissents make that much more likely.

 

[ma96782]

BUT, But, but.....doesn't the SCOTUS have a lot on their plate already?

Well IMHO.....they could have/should have been answering theses questions a long time ago.

Aloha, Mark

 

[Flopsweat]

https://assets.nationbuilder.com/firearmspolicycoalition/pages/5381/attachments/original/1697737480/2023.10.19_175_OPINION.pdf?1697737480

IT IS HEREBY ORDERED that:
Judgment is entered for Plaintiffs. The Attorney General respectfully requests a stay of any judgment in Plaintiffs' favor for a sufficient period to seek a stay from the Court of Appeals. That request is granted. Therefore, the enforcement of the injunction is hereby stayed for ten (10) days.

The following permanent injunction will be entered:

1. Defendant Attorney General Rob Bonta, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him, and those duly sworn state peace officers and federal law enforcement officers who gain knowledge of this injunction order or know of the existence of this injunction order, are enjoined from implementing or enforcing California Penal Code §§ 30515(a)(1) through (8) (defining an "assault weapon" by prohibited features), 30800 (deeming those "assault weapons" a public nuisance), 30915 (regulating those "assault weapons" obtained by bequest or inheritance), 30945 (restricting use of registered "assault weapons"), and the penalty provisions §§ 30600, 30605 and 30800 as applied to" assault weapons" defined in Code §§ 30515(a)(1) through (8).

2. Defendant Rob Bonta shall provide, by personal service or otherwise, actual notice of this order to all law enforcement personnel who are responsible for implementing or enforcing the enjoined statute.

3. This injunction is stayed for ten (10) days from the date of this Order.

IT IS SO ORDERED.
Dated: October 19, 2023
____________________________________
HON. ROGER T. BENITEZ
Senior United States District Judge

 

[3MTA3]

https://assets.nationbuilder.com/firearmspolicycoalition/pages/5381/attachments/original/1697737480/2023.10.19_175_OPINION.pdf?1697737480

The 9th will always find a way to screw over gun owners. I could easily see them passing new rules just to make sure they can so the same as they just did to Bonta. Time for SCOTUS to get the spankin paddle fired up.

 

[solv3nt]

https://assets.nationbuilder.com/firearmspolicycoalition/pages/5381/attachments/original/1697737480/2023.10.19_175_OPINION.pdf?1697737480

Spark Notes?

 

[Oro]

Spark Notes?

Basically the same reasoning as Duncan. No surprises.

 

[Flopsweat]

Spark Notes?

No, I just copied the last chapter from the decision and formatted it for readability.

 

[WillametteWill]

I had thought that the Gell-Mann effect referred to Newsom, Turns out that I was confusing it with the Hair-Gell-Mann effect...

Hence why I have a friend in Cali who refers to Newsom as Mousseum

 

[ilikegunspdx]

Hence why I have a friend in Cali who refers to Newsom as Mousseum

I think it's that "hard wax" they use for snow skis.

 

[3MTA3]

Hence why I have a friend in Cali who refers to Newsom as Mousseum

Been calling him Pomenewsom, but that's even better, even though it looks more like pomenade to me.

 

[ma96782]

RE : Hi Cap Magazines.
Does it mean that OR and WA will also follow?

Cough, cough.....
Nah......they like being Unconstitutional.

Aloha, Mark

PS.....RE : The Miller Case
For the lazy.....start at 00:51.

 

[PiratePast40]

Link to decision

Benitez actually compared California State Lawyers, in their arguments and imposition of the ban, equivalent to Bagdad Bob.

ETA: Oops, my bad, link to decision was already posted.

 

[ma96782]

For those of you who like Four Boxes Diner.

Aloha, Mark

 

[ilikegunspdx]

For those of you who like Four Boxes Diner.

Aloha, Mark

Interesting twist that they may not be able to stack the court with the same 11 judges by calling it a "comeback case". If that's true, then this one could have a different outcome than the mag ban case when CA tries to get an "emergency stay" on it. VERY interesting twist.

 

[The Heretic]

US appeals court keeps California assault weapons ban in force

California in 1989 became the first US state to ban assault weapons, acting in the wake of a school shooting that killed five children. Last week, a lower court had declared the measure unconstitutional.

www.reuters.com

 

[SonicBlue03]

US appeals court keeps California assault weapons ban in force

California in 1989 became the first US state to ban assault weapons, acting in the wake of a school shooting that killed five children. Last week, a lower court had declared the measure unconstitutional.

www.reuters.com

Inevitable but also possibly good. Arguments are December, which puts a spring decision. That clears the way for a possible fall hearing by SCOTUS.

The argument that SCOTUS won't touch it is a risk, but I think Thomas and Alito are done playing. I think if the Ninth continues to be the Ninth, Daddy is gonna get out the paddle.