Judge Benitez strikes down CA AW ban

[5pins]

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


It is declared that these statutes unconstitutionally infringe the Second Amendment rights of American citizens. These statutes and the penalty provisions §§ 30600, 30605 and 30800 as applied to “assault weapons” defined in §§ 30515(a)(1) through (8) are hereby enjoined.

[the Schwartz]

Let's hope his is the final word* on this.

*Yeah, I'm sure that CA will have a shit fit about this and file an appeal.

[Suvorov]

Yay…….

But it will mean nothing in the short term most likely. Still I think AW bans seem to be on shakier grounds than mag bans…….

[5pins]

Let's hope his is the final word* on this.

*Yeah, I'm sure that CA will have a shit fit about this and file an appeal.

No doubt it will have to go through the 9th song and dance.

[0ddl0t]

https://greekreporter.com/wp-content/uploads/2018/08/Sisyphus-push-e1510280689620-696x345.jpg

[WobblyPossum]

Can’t wait to see what the 9th Circuit does on appeal. Completely skipping the panel review in Duncan v. Bonta (the magazine capacity case) in order to go straight to an En Banc review was an interesting thing. I’m not holding my breath hoping the 9th actually applies the Heller standard appropriately. Maybe the USSC will finally issue a ruling instead of sending these two cases back down to lower courts again this time.

[the Schwartz]

Can’t wait to see what the 9th Circuit does on appeal. Completely skipping the panel review in Duncan v. Bonta (the magazine capacity case) in order to go straight to an En Banc review was an interesting thing. I’m not holding my breath hoping the 9th actually applies the Heller standard appropriately. Maybe the USSC will finally issue a ruling instead of sending these two cases back down to lower courts again this time.

Let us pray....








Amen.

[rhino on INGO]

I can't imagine a day when the power players in California will ever concede on this issue, even if the USSC rules on it in favor of regular people.

[Joe in PNG]

I can't imagine a day when the power players in California will ever concede on this issue, even if the USSC rules on it in favor of regular people.

One can expect a long, long process of repeated lawsuits and other nonsense, in the same way that the fight against southern segregation took a long, long time.

[Glenn E. Meyer]

Another WE WON from Benitez that the Circuit will sink with the usual procedural stalls. Then it is again whether Scotus takes it up with a clear, clear decision and not a remand to scold the Circuit - years, years.

A clear decision would be that no semi automatic firearm of any configuration or capacity and no magazine or feeding device of any capacity can be banned.

Can they actually just say this and forget the Humpford Dumpdoodle in 1791 had to go the outhouse?

I can see a little trap - as discussed in another thread, might a state say that a gun might be easily turned into full auto and thus not be considered a semi and ban it. So a Glock can take a switch or binary trigger and thus is a fetal stage of a 'machine gun'.

No faith in Scotus to actually act quickly and clearly.

[Exiledviking]

Stay classy, Newsoullini!

Is it an insult if a Muppet calls someone else a puppet...?

https://twitter.com/GavinNewsom/status/1715151858489250015?t=CqZB3mbQn5lt0jj9XrfFwQ&s=19

I was going to just inlay a screenshot of his post, but the forum allows me go select the picture and when I press Upload the window disappears and nothing happens.

[Suvorov]

Stay classy, Newsoullini!

Is it an insult if a Muppet calls someone else a puppet...?

[

The anti gun left’s capacity for projection knows no bounds.

[CleverNickname]

Stay classy, Newsoullini!

Is it an insult if a Muppet calls someone else a puppet...?

https://twitter.com/GavinNewsom/status/1715151858489250015?t=CqZB3mbQn5lt0jj9XrfFwQ&s=19

I was going to just inlay a screenshot of his post, but the forum allows me go select the picture and when I press Upload the window disappears and nothing happens.

You need to cut everything after the question mark in Twitter URLs to embed tweets.

https://twitter.com/GavinNewsom/status/1715151858489250015

The insulting cherry on top of this is that he's calling Benitez an NRA puppet when the NRA didn't have anything to do with this case. It was the Firearms Policy Coalition.

[rhino on INGO]

The anti gun left’s capacity for projection knows no bounds.

It's unfortunate that not enough people notice that "they" have a long track record of accusing others of doing what they did, are doing, and will do in the future. They're undisputed Intergalactic Heavyweight Champions of You Smelt It, You Dealt It.

It's so consistent that it's essentially a confession.

[RoyGBiv]

I was going to just inlay a screenshot of his post, but the forum allows me go select the picture and when I press Upload the window disappears and nothing happens.

We call that a "New Feature"... lol.
I believe the Master of the House is still working out the kinks on a server change..

I liked this reply to that Newsom post... an oldie but goodie.
https://pbs.twimg.com/media/F85C6jzXEAAILtn?format=jpg&name=small


https://pbs.twimg.com/media/F85C6jzXEAAILtn?format=jpg&name=small

[Glenn E. Meyer]

I can't resist - what happened to it's a modern sporting rifle! My position was that in the sign, not that apologist BS of MSR. However, until Scotus actually gets off the yacht and out of their protective 'tank', Benitez does this, the Circuit slaps it down. Years go by. Internet folks post: YooHOO, we won!

Oh, well.

[WobblyPossum]

I’d like to think that these cases might actually get somewhere this time around. They’ve already been remanded back to the lower courts to be ruled on in accordance with the Bruen decision, indicating that the USSC was expecting the lower courts strike down these laws. With the 9th Circuit ruling the same way they did last time, the USSC would need to actually rule on these cases and set national precedent, likely striking down all assault weapons bans and magazine capacity bans everywhere.

[Totem Polar]

I’d like to think that these cases might actually get somewhere this time around. They’ve already been remanded back to the lower courts to be ruled on in accordance with the Bruen decision, indicating that the USSC was expecting the lower courts strike down these laws. With the 9th Circuit ruling the same way they did last time, the USSC would need to actually rule on these cases and set national precedent, likely striking down all assault weapons bans and magazine capacity bans everywhere.

This is certainly one possible—and very desirable—eventual outcome. I’ll leave it to others with better expertise to discuss probability.

[Glenn E. Meyer]

If they expected lower courts to strike down these laws, they were naive in the extreme. The lower courts are mining history to come up with counter arguments to support the specific bans. I know folks will say that they wanted the Circuits to do their jobs and to 'spank' them. Who care about that? The issue to protect rights efficaciously, not play dominance games. If you have the ability to make a clean decision, do so.

Spanking them was one of the most stupid things I've read. Do the other judges get their salaries docked, do they lose their jobs? No, they don't. Courts get overturned and life goes on. Spanking was just cognitive dissonance from those who can't see that Scotus is just screwing around. It's suggested that they really don't have the votes to eliminate AWBs and the strict sensitive locales and opt ins (which yet again, wiped out all the concealed carry progress).

Cloud yelling, I know. It just takes a moral panic to wash away gun rights and/or some of the older justices dropping dead or retiring. Clarence can rant about how the gay marriage decision should be changed. Surprise, he goes and Alito goes and Bruen goes down the drain.

[WobblyPossum]

If they expected lower courts to strike down these laws, they were naive in the extreme. The lower courts are mining history to come up with counter arguments to support the specific bans. I know folks will say that they wanted the Circuits to do their jobs and to 'spank' them. Who care about that? The issue to protect rights efficaciously, not play dominance games. If you have the ability to make a clean decision, do so.

Spanking them was one of the most stupid things I've read. Do the other judges get their salaries docked, do they lose their jobs? No, they don't. Courts get overturned and life goes on. Spanking was just cognitive dissonance from those who can't see that Scotus is just screwing around. It's suggested that they really don't have the votes to eliminate AWBs and the strict sensitive locales and opt ins (which yet again, wiped out all the concealed carry progress).

Cloud yelling, I know. It just takes a moral panic to wash away gun rights and/or some of the older justices dropping dead or retiring. Clarence can rant about how the gay marriage decision should be changed. Surprise, he goes and Alito goes and Bruen goes down the drain.

I agree with a lot of what you stated here. The USSC should have decisively struck down AWBs and mag capacity bans when they had the cases sitting in front of them. Your final paragraph is certainly a real risk now that stare decisis is effectively dead. All it would take is the replacement of a couple of “constitutionalist” justices with a couple of “living document” ones and we end up with a completely different standard for gun ban cases than the Heller standard.

[jh9]

For the love of everything holy will people stop saying "USSC".

[WobblyPossum]

I guess I can just write SC, but in the context of these discussions I don’t think anyone is reading USSC and getting confused because they think I’m referring to the US Sentencing Commission.

[runcible]

Wait, what about South Carolina?

[hufnagel]

Wait, what about South Carolina?

they're just pissed North Carolina ruins everything for them. :D

[the Schwartz]

I thought it was s'posed to be SCOTUS. ;)