Duncan v. Bonta Round 2 is OUT!

[Oro]

I'm also curious what this does to Jay Inslee's pathetic loser attempt to create a utopia in WA.

That depends upon what the 9th Circuit decides to do with the appeal.

There is a reasonable chance they won't take it up. This is the 2nd ruling on this case, after the SC kicked back their over-ruling of Benitez's 1st ruling. In other words, they now know how the law is to be judged based on SC ruling in NYSRPA.

Benitez's very, very thorough handling of the arguments in Duncan really gives CA no grounds for appeal. If that happens, then it becomes law throughout the 9th Circuit and WA's mag ban is gone. Next comes Miller v Bonta, which Benitez is also deciding - CA's AWB ban. It will drop before long and could have the same effect.

October 2nd is the day to see if the CA appeal is going to be made and considered.

 

[User 1234]

The 9th Circuit Court of Appeals has no authority to refuse to hear the appeal as long as it is timely filed. The US Supreme Court can decline to hear cases.

 

[fmvolume86]

the problem is the appeal going to the 9th and them taking their time (years) because they can and not care about our rights......

 

[CamoDeafie]

The 9th Circuit Court of Appeals has no authority to refuse to hear the appeal as long as it is timely filed. The US Supreme Court can decline to hear cases

Indeed, and since they were already GVR'd once at SCOTUS level after overturning Benitez's decision the first time; they may be bound to the Bruen methodology, else they risk having SCOTUS make the decision nationwide.

the problem is the appeal going to the 9th and them taking their time (years) because they can and not care about our rights......

And yes this is a problem.

CA,.if they're smart.. won't appeal again to the 9th, in order to have WA and OR keep their bans and force the pro-2A groups to slog ahead in lawsuits in both OR and WA, if CA doesn't appeal to the 9th.. but.. it may be giving them (CA) too much credit

 

[Yarome]

CA,.if they're smart.. won't appeal again to the 9th, in order to have WA and OR keep their bans and force the pro-2A groups to slog ahead in lawsuits in both OR and WA, if CA doesn't appeal to the 9th.. but.. it may be giving them (CA) too much credit

As if Kalifederation cares about the effect on any other state... or the nation... for that matter?

It's all about the "win" and can't see loosesome taking this one lying down. It's all about getting what he wants "now"... like a petulant child... than having any foresight for the repercussions of his desires... IMHO. IE., Look what he does when his own AG refused to support some of his dictates. It doesn't slow him down one bit.

They appealed it before and I would be highly shocked if they don't push it up the chain this time around either.

 

[PrDubi]

As if Kalifederation cares about the effect on any other state... or the nation... for that matter?

It's all about the "win" and can't see inslee taking this one lying down. It's all about getting what he wants "now"... like a petulant child... than having any foresight for the repercussions of his desires... IMHO. IE., Look what he does when his own AG refused to support some of his dictates. It doesn't slow him down one bit.

They appealed it before and I would be highly shocked if they don't push it up the chain this time around either.

Typical dictator and the news spins it notmal behavior...nothing to see here.

I abhor and hate all of the media, even the ones in Oregon.
Every
Single
One
Of
Them.
Nothing but 5th column saboteurs.

 

[Jay Walk]

It was unconstitutional when they passed it into law.

Following the constitution now seems highly unlikely for the left coast states.

 

[PiratePast40]

Indeed, and since they were already GVR'd once at SCOTUS level after overturning Benitez's decision the first time; they may be bound to the Bruen methodology, else they risk having SCOTUS make the decision nationwide.

And yes this is a problem.

CA,.if they're smart.. won't appeal again to the 9th, in order to have WA and OR keep their bans and force the pro-2A groups to slog ahead in lawsuits in both OR and WA, if CA doesn't appeal to the 9th.. but.. it may be giving them (CA) too much credit

I don't see how Newsome has any choice but to continue his temper tantrum since he's introduced the 28th amendment. It'll be a major point in his presidential campaign so he's pretty much committed. I'd love to see SCOTUS make it nationwide. The problem lies in the composition of SCOTUS by the time it gets there. Controlling the courts will be the strategy we need to watch.

 

[ilikegunspdx]

@Moderators can we merge this 3rd thread on this topic into the first one plz? Thx!

Here is the first thread on it:

Duncan v. Bonta Round 2 is OUT!

Before people get their hopes too high for it to apply to the 9th, maybe even nationally (NY, NJ, IL, MA, CT, CO, etc al); let me remind y'all the makeup of the current SCOTUS. 3 Justices who will likely uphold mag bans, and other Statist stuff; Jackson Kagan Sotomayor 2 Justices who will be...

www.northwestfirearms.com

 

[Kruel J]

Merged.

 

[Xaevian]

Don't want this to veer off into tribal politics, but it's not so much about party as it is the belief in classical individual rights, equality and freedoms vs the left's embrace of identity/group based "equity" and government control that has taken over DNC leadership.

Most people vote based on their tribal membership and really know very little about the people or laws they vote for. If the tribe says "vote this way" that's exactly what they will do. Frankly, if they are unsure they will vote for the most attractive candidate. This is party independent.

There are lots of Democrats, even here on the West Coast, that still believe in individual rights and freedoms. We should be reaching out to them in a supportive manner and not drive them into the arms of the devil they know.

Education and friendship will get us much more mileage than finger pointing.

Yes, exactly. Individualism vs collectivism. Left/right is irrelevant for most inalienable rights. Not that most will listen though, being so 2 dimensional and all.

 

[3MTA3]

California files emergency stay order with the 9th

 

[CamoDeafie]

California files emergency stay order with the 9th

of course

 

[Member 24198]

It will drop before long and could have the same effect.

"Drop" you say...

 

[PiratePast40]

of course

In this case, I think it actually is breaking news, since it's the actual filing with request to stay the order of Judge Benitez . It's a long video but he does got deep into the filing itself, along with his opinion and how he got there. He also goes into the fact that the main thrust of Bruen was that it reinforced Heller.

I agree that there seems to be so many BRAKING NEWS! titles that it's difficult to decide which ones are worth your time.

 

[CamoDeafie]

In this case, I think it actually is breaking news, since it's the actual filing with request to stay the order of Judge Benitez . It's a long video but he does got deep into the filing itself, along with his opinion and how he got there. He also goes into the fact that the main thrust of Bruen was that it reinforced Heller.

I agree that there seems to be so many BRAKING NEWS! titles that it's difficult to decide which ones are worth your time.

I'm just saying "of course" to Gavin/CA filing an appeal and request for a stay on the Bonta decision.

 

[PiratePast40]

I'm just saying "of course" to Gavin/CA filing an appeal and request for a stay on the Bonta decision.

In that case, a Roseanne Roseannadanna "never mind" is in order. Carry on.

 

[Lugg]

Yes, exactly. Individualism vs collectivism. Left/right is irrelevant for most inalienable rights. Not that most will listen though, being so 2 dimensional and all.

History has seen this before:
"All political power flows from the barrel of a gun. The communist party must control all the guns, that way, no guns can ever be used to control the party." ~ Mao
and ...
"Germans who wish to use firearms should join the SS or the SA - ordinary citizens don't need guns, as their having guns doesn't serve the state". ~Heinrich Himmler.

 

[Stomper]

History has seen this before:
"All political power flows from the barrel of a gun. The communist party must control all the guns, that way, no guns can ever be used to control the party." ~ Mao
and ...
"Germans who wish to use firearms should join the SS or the SA - ordinary citizens don't need guns, as their having guns doesn't serve the state". ~Heinrich Himmler.

Bítch (Himmler)…. the people ARE the state!!

 

[fmvolume86]

Just think about this. SB 23 went into effect in the PRK in 2000. It's now 2023 and the issue still isn't really concluded
23 bubbleguming years just to get to this point. How many gun owners have passed away, denied their rights, since this bill went into effect? How do California gun owners get compensated for the 23+ years of denied rights?

if Californians had the balls, they'd put in their 30rounds and go protest to the capital with their firearms in hand...... They work for you not the other way around. Newsom keeps Fu^&ing with California because he knows they won't do bubblegum......get the police on your side, request a protest, do it peacefully and get bubblegum done !!!!