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Author Topic: California's "assault weapon" ban ruled unconstitutional  (Read 924 times)

Angel Eyes

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California's "assault weapon" ban ruled unconstitutional
« on: June 04, 2021, 11:48:16 PM »

https://www.thetruthaboutguns.com/breaking-judge-roger-benitez-declares-californias-assault-weapons-ban-unconstitutional/

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In the opinion, the Court ruled that many categories of firearms California bans as so-called “assault weapons” are protected by the Second Amendment, and that “[t]he Second Amendment stands as a shield from government imposition of that policy.”

Full text of the ruling:
https://d3n8a8pro7vhmx.cloudfront.net/firearmspolicycoalition/pages/5381/attachments/original/1622850515/Miller_v_Bonta_Opinion.pdf?1622850515

A 30-day stay has been granted, so for the moment nothing changes regarding modern sporting rifles in California.  The Attorney General is certain to appeal the ruling, probably ask for en banc.  So it's not over, but it's a good start.
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Hawkmoon

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Re: California's "assault weapon" ban ruled unconstitutional
« Reply #1 on: June 05, 2021, 01:04:59 AM »

The judge gets it.

Quote
And although the Supreme Court cautioned that the Second Amendment does not guarantee a right to keep and carry “any weapon whatsoever in any manner whatsoever and for whatever purpose,” Heller, 554 U.S., at 626, lower courts have often cited this proviso about extreme cases to justify gun laws in average contexts. There is no evidence that the Supreme Court intended that language to be a license to avoid its common sense holding in average contexts.  Unfortunately, Heller’s acknowledgement of exceptions for gun laws at the extreme is in danger of swallowing Heller’s rule for the average case. 

Quote
This is an average case about average guns used in average ways for average purposes.

charby

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TommyGunn

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Re: California's "assault weapon" ban ruled unconstitutional
« Reply #3 on: June 05, 2021, 02:19:36 PM »

I heard this on the over night radio news.  Gov. Gavin Newsom is in a snitfit.   :rofl:  =D :laugh: :laugh:

It is going to be appealed; we shall see how that goes  ......
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Ben

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Re: California's "assault weapon" ban ruled unconstitutional
« Reply #4 on: June 05, 2021, 03:02:25 PM »

This will almost certainly go the same on appeal as the mag ban overturn did, but it's still fun to watch the CA left get knotted up over it. The "swiss army knife" comment seems to have caused a domino effect of heads exploding.  :laugh:
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MechAg94

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Re: California's "assault weapon" ban ruled unconstitutional
« Reply #5 on: June 05, 2021, 11:18:49 PM »

This will almost certainly go the same on appeal as the mag ban overturn did, but it's still fun to watch the CA left get knotted up over it. The "swiss army knife" comment seems to have caused a domino effect of heads exploding.  :laugh:
Did the mag ban case get decided?  I thought they just blocked his immediate ruling to allow the current mag ban to continue until the case is heard by the appeals court. 
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Lennyjoe

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Re: California's "assault weapon" ban ruled unconstitutional
« Reply #6 on: June 05, 2021, 11:40:42 PM »

9th Circuit will overturn the ruling.

MillCreek

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Re: California's "assault weapon" ban ruled unconstitutional
« Reply #7 on: June 06, 2021, 12:22:26 AM »

^^^Which makes me wonder if the long-term plan is to get the case before SCOTUS after the Ninth Circuit rules.
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Hawkmoon

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Re: California's "assault weapon" ban ruled unconstitutional
« Reply #8 on: June 06, 2021, 03:00:12 AM »

^^^Which makes me wonder if the long-term plan is to get the case before SCOTUS after the Ninth Circuit rules.

I'm sure it is.

That said, the Ninth Circuit has actually issued a couple of sane decisions recently. They're going to have to work really hard to punch holes in this decision.

Jim147

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Re: California's "assault weapon" ban ruled unconstitutional
« Reply #9 on: June 06, 2021, 10:06:17 AM »

The ninth isn't what it used to be. I wonder it the ninth agrees with this judge if the state will try to push this to the supremes?
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dogmush

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Re: California's "assault weapon" ban ruled unconstitutional
« Reply #10 on: June 06, 2021, 01:02:10 PM »

The ninth isn't what it used to be. I wonder it the ninth agrees with this judge if the state will try to push this to the supremes?

IMO there's no question that the state would push it to SCOTUS. The leftists can't let an Assault Weapon Ban get stuck down, those are a tentpole of the movement.

They'll push it as far as they have to, and if they lose at the SCOTUS they pass a new law with three different words the next chance they get.

Hawkmoon

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Re: California's "assault weapon" ban ruled unconstitutional
« Reply #11 on: June 06, 2021, 01:22:53 PM »

IMO there's no question that the state would push it to SCOTUS. The leftists can't let an Assault Weapon Ban get stuck down, those are a tentpole of the movement.

They'll push it as far as they have to, and if they lose at the SCOTUS they pass a new law with three different words the next chance they get.

Absolutely. If the California law goes down, that's also going to torpedo AWBs in New Jersey, Connecticut, Hawaii, Maryland, Massachusetts and New York. If the California case gets to the Supreme Court, you can be assured that the AGs of all those states will be filing amici briefs in support of California.

RoadKingLarry

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Re: California's "assault weapon" ban ruled unconstitutional
« Reply #12 on: June 06, 2021, 02:05:14 PM »

And any bets on the SCOTUS actually taking such a case?

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Perd Hapley

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Re: California's "assault weapon" ban ruled unconstitutional
« Reply #13 on: June 07, 2021, 08:21:49 AM »

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WLJ

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Re: California's "assault weapon" ban ruled unconstitutional
« Reply #14 on: June 07, 2021, 09:24:58 AM »

More news out of CA
A tax on firearms, parts, and ammo failed to pass

Quote
From the AP:

The California Assembly on Thursday failed to pass a bill that would have raised taxes on handguns and ammunition.

The bill by Assemblyman Marc Levine, a Democrat from San Rafael, would have imposed a 10% tax on the sales price of handguns and an 11% tax on the sales price of rifles, precursor parts and ammunition.

The tax would have applied to retailers, not consumers. But a legislative analysis of the bill said retailers could have passed that cost along to buyers.

Note the underlined. Tells you how out of touch they are in that they needed an analysis to determine that the tax would have been passed on to buyers.  :facepalm:

A Sign of Things to Come? Gun Control Bill Fails to Pass in California
https://www.thetruthaboutguns.com/a-sign-of-things-to-come-gun-control-bill-fails-to-pass-in-california/
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230RN

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Re: California's "assault weapon" ban ruled unconstitutional
« Reply #15 on: June 07, 2021, 11:42:09 AM »

Dogmush said,

"They'll push it as far as they have to, and if they lose at the SCOTUS they pass a new law with three different words the next chance they get."

Tragically funny. 
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Brad Johnson

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Re: California's "assault weapon" ban ruled unconstitutional
« Reply #16 on: June 07, 2021, 12:29:42 PM »

And any bets on the SCOTUS actually taking such a case?

I dunno. I've always had this nagging feeling that SCOTUS was ready to take a 2A case, but only one of proper scope, scale, and focus. I've always felt like that's why they accepted Heller and its narrow focus on 2A being a right. This case, with its narrow focus on AWB, might just be to their liking.

Or they may wuss out and punt yet again.

Brad
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Ben

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Re: California's "assault weapon" ban ruled unconstitutional
« Reply #17 on: June 11, 2021, 08:18:19 AM »

CA is pulling out the doctors in lab coats:

Quote
"An AR-15 is a weapon of mass destruction ... used in warfare," Campbell said at the hospital during the appeal announcement. It "causes absolute devastation to the human body. It is as if a bomb went off in the tissues of the patient."

I don't know if they should be made aware of tests of shotguns on ballistic dummies as a comparison or not.


https://www.foxnews.com/politics/california-files-appeal-after-judge-overturns-decades-old-assault-weapon-ban
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dogmush

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Re: California's "assault weapon" ban ruled unconstitutional
« Reply #18 on: June 11, 2021, 08:36:21 AM »

I feel like this doc has not seen the results of a bomb on tissue.

MechAg94

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Re: California's "assault weapon" ban ruled unconstitutional
« Reply #19 on: June 11, 2021, 09:17:19 AM »

It is remotely possible some of those people realize that Democrat voters were among those new gun buyers last year. 

Another thought is if the 9th Circuit does not throw out the ruling, they might be under pressure to accept it rather than risk the SC making it a nationwide decision.
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WLJ

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Re: California's "assault weapon" ban ruled unconstitutional
« Reply #20 on: June 11, 2021, 09:32:58 AM »

It is remotely possible some of those people realize that Democrat voters were among those new gun buyers last year. 


The media has that covered

The Trace’s Latest Fake News: Don’t Believe Your Eyes, There Is No Surge in First-Time Gun Buyers
https://www.thetruthaboutguns.com/the-traces-latest-fake-news-dont-believe-your-eyes-there-is-no-surge-in-first-time-gun-buyers/
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Perd Hapley

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Re: California's "assault weapon" ban ruled unconstitutional
« Reply #21 on: June 17, 2021, 01:25:34 AM »

This will almost certainly go the same on appeal as the mag ban overturn did, but it's still fun to watch the CA left get knotted up over it. The "swiss army knife" comment seems to have caused a domino effect of heads exploding.  :laugh:

Too bad all the manufacturers are so busy, cuz we could really use some Swiss Army knife themed lowers and ejection port covers out there on the market.

Group buy? https://www.customardustcover.com/

I just happened to find a Swiss Gear backpack with padded compartments at a yard sale. I hope to honor the judge by building an AR that will fit therein.  =)
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230RN

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Re: California's "assault weapon" ban ruled unconstitutional
« Reply #22 on: June 17, 2021, 05:42:38 AM »

Hawkmoon commented,

"..you can be assured that the AGs of all those states will be filing amici briefs in support of California."

All of which could be summed up as  "We can't let Them have those guns."
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Ben

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Re: California's "assault weapon" ban ruled unconstitutional
« Reply #23 on: June 22, 2021, 09:16:17 AM »

Stay issued by a three judge panel on the 9th. Note that one of the three was a Trump appointee.

Quote
The 9th Circuit judges on the panel issuing the stay were Barry Silverman, an appointee of former president Bill Clinton; Jacqueline Nguyen, a Barack Obama appointee; and Ryan Nelson, an appointee of Donald Trump.

https://www.theepochtimes.com/federal-appeals-court-blocks-judges-ruling-striking-down-assault-weapons-ban_3868732.html
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Bogie

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Re: California's "assault weapon" ban ruled unconstitutional
« Reply #24 on: June 22, 2021, 11:31:53 PM »

Headline on news here is St. Louis was about 300,000 NICS checks being denied... Or delayed...
 
So, how many unable folks will go to federal lockup?
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