User Panel
User Panel
User Panel
|
Posted: 11/3/2022 3:53:48 PM EDT
[#1]
Quote HistoryQuoted: Any updates? |
|
|
|
Posted: 11/3/2022 3:55:52 PM EDT
[#2]
Quote HistoryQuoted: Any updates? Everything was submitted, now we wait. |
|
|
|
Posted: 11/3/2022 3:57:38 PM EDT
[#3]
Benitez will most likely say it's unconstitutional, again, and immediately slap a stay on the injunction. We've done this dance before. I really hope this time is somehow different and he doesn't grant a stay of his order this time.
|
|
|
|
Posted: 11/3/2022 4:02:27 PM EDT
[#4]
Bump for freedom
|
|
|
|
Posted: 11/3/2022 4:45:37 PM EDT
[#5]
Quote HistoryQuoted: Bump for freedom I'm ready.  I'm also ready for extreme disappointment. 
|
|
|
|
Posted: 11/3/2022 4:48:45 PM EDT
[#6]
Quote HistoryQuoted: Benitez will most likely say it's unconstitutional, again, and immediately slap a stay on the injunction. We've done this dance before. I really hope this time is somehow different and he doesn't grant a stay of his order this time. I doubt he will stay it. The state is sure to lose if the SC remains the same. |
|
|
|
Posted: 12/1/2022 6:00:56 PM EDT
[#7]
Anything? I still haven't heard any news about this. My guess is the forum will blow up with news either way, good or bad.
|
|
|
|
Posted: 12/1/2022 7:21:02 PM EDT
[#8]
Next court date is December 12
|
|
|
|
Posted: 12/12/2022 1:09:55 PM EDT
[#9]
Come On St. Benitez!
 Hoping he lays the smack down with a pre-prepared order today! |
|
|
|
Posted: 12/12/2022 1:11:59 PM EDT
[#10]
Quote HistoryQuoted: Come On St. Benitez! Hoping he lays the smack down with a pre-prepared order today! Wouldn’t pre-prepared be grounds for appeal? |
|
|
|
Posted: 12/12/2022 1:14:35 PM EDT
[#11]
I'm not an attorney, but judges sign plaintiff's pre-prepared orders all the time.
|
|
|
|
Posted: 12/12/2022 2:38:23 PM EDT
[#12]
Quote HistoryQuoted: Next court date is December 12 Is that on the web anywhere? |
|
|
|
Posted: 12/12/2022 2:45:07 PM EDT
[#13]
Quote HistoryQuoted: Is that on the web anywhere? Quote HistoryQuoted: Quoted: Next court date is December 12 Is that on the web anywhere? I don’t think so. There’s multiple hearings today on several cases. Starting at 10:30 |
|
|
|
Posted: 12/12/2022 2:45:34 PM EDT
[#14]
Quote HistoryQuoted: Is that on the web anywhere? https://www.courtlistener.com/docket/65377309/miller-v-bonta/  Attached File |
|
|
|
Posted: 12/12/2022 2:49:59 PM EDT
[#15]
Quote HistoryQuoted: https://www.courtlistener.com/docket/65377309/miller-v-bonta/ https://www.ar15.com/media/mediaFiles/409263/Screenshot_20221212-104517_png-2632915.JPG Damn, make them lawyers work the weekend like mad to file the response brief |
|
|
|
Posted: 12/12/2022 3:38:19 PM EDT
[#16]
Fingers crossed for the hoped-for typical pro-freedom Benitez ruling.
If we're lucky CA won't appeal and the bullshit finally ends for Californians. If we're extremely lucky CA will appeal and after a while this will either apply to the entire 9th - helping out those who live in Oregon and Washington - or go to SCOTUS for the "look at fucking Bruen and do it right this time" ruling. 
|
|
|
|
Posted: 12/12/2022 3:40:29 PM EDT
[#17]
Quote HistoryQuoted: Fingers crossed for the hoped-for typical pro-freedom Benitez ruling. If we're lucky CA won't appeal and the bullshit finally ends for Californians. If we're extremely lucky CA will appeal and after a while this will either apply to the entire 9th - helping out those who live in Oregon and Washington - or go to SCOTUS for the "look at fucking Bruen and do it right this time" ruling. If they appeal to the 9th they will slow walk the case for YEARS waiting for the composition of the Supreme Court to change. Sending it back to Benitez was itself a delaying tactic. |
|
|
|
Posted: 12/12/2022 3:48:30 PM EDT
[#18]
Quote HistoryQuoted: If they appeal to the 9th they will slow walk the case for YEARS waiting for the composition of the Supreme Court to change. Sending it back to Benitez was itself a delaying tactic. Quote HistoryQuoted: Quoted: Fingers crossed for the hoped-for typical pro-freedom Benitez ruling. If we're lucky CA won't appeal and the bullshit finally ends for Californians. If we're extremely lucky CA will appeal and after a while this will either apply to the entire 9th - helping out those who live in Oregon and Washington - or go to SCOTUS for the "look at fucking Bruen and do it right this time" ruling. If they appeal to the 9th they will slow walk the case for YEARS waiting for the composition of the Supreme Court to change. Sending it back to Benitez was itself a delaying tactic. Well - we'll see. I remain optimistic with how our 2nd Amendment rights have been more and more recognized over the last twenty years now. |
|
|
|
Posted: 12/12/2022 4:31:51 PM EDT
[#19]
I heard it's on ice now until January 11th. Something about a review or something along those lines?
|
|
|
|
Posted: 12/12/2022 4:33:14 PM EDT
[#20]
https://twitter.com/MorosKostas/status/1602393272697393153
|
|
|
|
Posted: 12/12/2022 4:36:12 PM EDT
[#21]
Today was a status hearing for four 2A cases: Duncan, Miller, Rhode, and (I can't remember 4th, has to do with billy clubs). The Judge wants to work them all together.
Essentially, the Judge said he didn't want to duplicate work and waste time because all 4 deal with he same issue, ie, how does Bruen fit here. The Judge asked for a comprehensive survey (list) of Arms restrictions from from the adoption of the 2nd Amendment through the adoption of the 14th Amendment +20 years. So only laws and restrictions before 1886. This is to be filed with the court, but it will act like a reference to make the Judges' life a bit easier. He rejected the State's petition to introduce new evidence. He made the argument that the State's witnesses have been studying these issues for 25 years, they aren't going to come up with the miracle case or missing link if given another 60 days. He gave them 30 days to create survey, 30 days for any necessary briefs about the survey, and 10 days rebuttal. Judge Benitez was very adamant that these are important cases and he won't be slow-rolling this. Arguments will happen, hopefully, in March with a decision soon thereafter. |
|
|
|
Posted: 12/12/2022 4:38:19 PM EDT
[#22]
Wonder what kinds of restrictions they will find.
|
|
|
|
Posted: 12/12/2022 4:39:59 PM EDT
[#23]
Quote HistoryQuoted: Today was a status hearing for four 2A cases: Duncan, Miller, Rhode, and (I can't remember 4th, has to do with billy clubs). The Judge wants to work them all together. Essentially, the Judge said he didn't want to duplicate work and waste time because all 4 deal with he same issue, ie, how does Bruen fit here. The Judge asked for a comprehensive survey (list) of Arms restrictions from from the adoption of the 2nd Amendment through the adoption of the 14th Amendment +20 years. So only laws and restrictions before 1886. This is to be filed with the court, but it will act like a reference to make the Judges' life a bit easier. He rejected the State's petition to introduce new evidence. He made the argument that the State's witnesses have been studying these issues for 25 years, they aren't going to come up with the miracle case or missing link if given another 60 days. He gave them 30 days to create survey, 30 days for any necessary briefs about the survey, and 10 days rebuttal. Judge Benitez was very adamant that these are important cases and he won't be slow-rolling this. Arguments will happen, hopefully, in March with a decision soon thereafter. Wow. Does this potentially put the gun control act in scope of Bruen? |
|
|
|
Posted: 12/12/2022 4:51:22 PM EDT
[#24]
Quote HistoryQuoted: Wow. Does this potentially put the gun control act in scope of Bruen? Yes. Any gun control law introduced after 1886 is not based on tradition or history. |
|
|
|
Posted: 12/12/2022 4:55:18 PM EDT
[#25]
Quote HistoryQuoted: Yes. Any gun control law introduced after 1886 is not based on tradition or history. |
|
|
|
Posted: 12/12/2022 5:01:44 PM EDT
[#26]
Quote HistoryQuoted: The national firearms act as well. Hope the attorneys are well funded and ambitious. We need a better lineup on the SC to go after NFA. I'm pretty sure Kav won't go that far, he seems to be the limiting factor. |
|
|
|
Posted: 12/12/2022 5:09:45 PM EDT
[#27]
He wanted a spreadsheet with the date enacted, type of restriction, specifically what is restricted, was it ever repealed and date, did it ever go to court and what was the finding (ie, unconstitutional, etc). And citations for all of it.
The State is pretty much locked in to the handful of things their experts have already presented, they don't have time to do much more looking, and to be honest, there isn't that much out there as it is. |
|
|
|
Posted: 12/12/2022 5:12:42 PM EDT
[#28]
Quote HistoryQuoted: He wanted a spreadsheet with the date enacted, type of restriction, specifically what is restricted, was it ever repealed and date, did it ever go to court and what was the finding (ie, unconstitutional, etc). And citations for all of it. The State is pretty much locked in to the handful of things their experts have already presented, they don't have time to do much more looking, and to be honest, there isn't that much out there as it is. If Benitez could snap his fingers and remove all modern gun laws from the entire nation - it sure sounds like he would. |
|
|
|
Posted: 12/12/2022 5:13:12 PM EDT
[#29]
Quote HistoryQuoted: Today was a status hearing for four 2A cases: Duncan, Miller, Rhode, and (I can't remember 4th, has to do with billy clubs). The Judge wants to work them all together. Essentially, the Judge said he didn't want to duplicate work and waste time because all 4 deal with he same issue, ie, how does Bruen fit here. The Judge asked for a comprehensive survey (list) of Arms restrictions from from the adoption of the 2nd Amendment through the adoption of the 14th Amendment +20 years. So only laws and restrictions before 1886. This is to be filed with the court, but it will act like a reference to make the Judges' life a bit easier. He rejected the State's petition to introduce new evidence. He made the argument that the State's witnesses have been studying these issues for 25 years, they aren't going to come up with the miracle case or missing link if given another 60 days. He gave them 30 days to create survey, 30 days for any necessary briefs about the survey, and 10 days rebuttal. Judge Benitez was very adamant that these are important cases and he won't be slow-rolling this. Arguments will happen, hopefully, in March with a decision soon thereafter. Thanks for the update. A few more months of waiting. |
|
|
|
Posted: 12/12/2022 8:23:20 PM EDT
[#30]
Quote HistoryQuoted: Wow. Does this potentially put the gun control act in scope of Bruen? I am not aware of any federal gun control laws that were in effect prior to 1886. |
|
|
Win a FREE Membership!
Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!
You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.
AR15.COM is the world's largest firearm community and is a gathering place for firearm enthusiasts of all types.
From hunters and military members, to competition shooters and general firearm enthusiasts, we welcome anyone who values and respects the way of the firearm.
Subscribe to our monthly Newsletter to receive firearm news, product discounts from your favorite Industry Partners, and more.
Copyright © 1996-2024 AR15.COM LLC. All Rights Reserved.
Any use of this content without express written consent is prohibited.
AR15.Com reserves the right to overwrite or replace any affiliate, commercial, or monetizable links, posted by users, with our own.
