The Fight Continues: Assault Weapons Ban Case Expedited

The 9th Circuit Court of Appeals took an anticipated step by stopping a Second Amendment victory in California. And this is the Miller v. Bonta case. This is where Judge Benitez said, you know what? Assault weapon bans and high capacity magazine. All the other things that Judge Benitez said. Well, this assault weapon ban where he said was unconstitutional, did I insert it? You know what, they yeah, yeah. About that, before I jump into that, I want to thank the sponsor of today’s video and that’s mechanic Superstore.

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So quick synopsis. Miller V. Bonta. Judge Roger T. Benitez said that? You know what? Text history and tradition no such thing as an assault weapon ban. This thing that California has made up is unconstitutional. It is a violation of the Second Amendment. He put a stay on it, gave the state time to do what everybody knew the state was going to do, and the state did what they are going to do.

They appealed to the 9th Circuit, us. Court of Appeals. And then this came out yesterday, late afternoon. And this is a decision by a three judge panel. You can see the judges names fletcher, Callahan and Bennett. And in this two to one decision, they said in light of this Court’s published order granting a stay in Duncan v. Bonta on Bonk, concluding that the Attorney General of California is likely to succeed on the merits and has shown that California will be irreparably harmed absent a stay.

And the similarities between Duncan and this case? We grant the appellant’s motion and administratively stay. The District Court’s, october 19, 2023 permanent injunction and judgment in granting an administrative stay. We do not intend to constrain the merits panel’s consideration of the merits of this appeal in any way. The administrative stay shall remain in effect until the merits panel decides the appeal or issues in order lifting the stay.

We sue, esponte, expedite this appeal the opening brief is due November 9 of 2023. The answering brief is due November 22 of 2023. The optional reply brief is due November 29 of 2023. No streamlined extensions of time will be approved. The Clerk will place this appeal on the calendar for December of 2023. Now, Judge Callahan dissented in this ruling, and Judge Callahan said, I would deny appellate’s motion for a stay pending appeal.

I do not believe we are bound by the published order in Duncan v. Bonta. Remember, this is Miller v. Bonta, and I do not believe appellates have otherwise met their burden of showing a likelihood of success on the merits or that they will suffer irreparable injury absent a stay. I concur in the order insofar as it expedites this appeal. So two judges are saying, you know what, we think that the state is right, and the AG will succeed on this, so we’re going to just keep things the way they are.

We’re going to stop that constitutional judge’s ruling. We can’t have that. And we’re going to expedite this appeal, which means we’re going to speed it up. This appeal will be heard in December. Judge Callahan said you know what? I don’t believe we’re not bound by a different case in this case, because it’s not Supreme Court not a Supreme Court decision. And I don’t think that this California estate will be hurt by absence of a stay, meaning that she thinks that the ruling by Judge Benitez wouldn’t hurt California because the Second Amendment is a thing.

Yet here we are. The appeal has been moved up. We will see what happens come December during the hearing. And who knows how long the 9th Circuit will take to render that? You’ve seen this in other circuits across the land. You’ve seen the Second Circuit, New York, where they have five, not one, five different cases challenging New York’s Concealed Carry Improvement Act, which has been called unconstitutional through three, four, five times now, maybe six.

I think it’s six. And the Second Circuit is just dragging their ass, putting their hands in their pockets or their thumb up their exhaust pipes, trying to make this ban last as long as possible until they being the evils that be Kathy Hochel and her Attorney General and their team of attorneys. All right, if we have to side with the Constitution, what can you come up with next? We’re going to give you as much time as possible.

And that’s what’s happening now, because New York’s going to lose again. California is going to lose all of this. Gun control from the last 45 years is crumbling due to the Heller decision and the Bruin decision. And don’t forget the McDonald decision, which said that, you know what, the Second Amendment, the US. Constitution, the Bill of Rights, that’s applicable to the states. So we got a lot of things happening.

Quick update here in your Sunday morning as I get ready to bring my mom to the airport. Had mom in town for a week and a half. It’s good to see her and hope you all have a fantastic day. Remember, tell the ones you love, you love them. Because you’ll never know when you’ll have that chance. Again. Guys and gals, if you like this video or anything else I do, please hit that like button down below and subscribe to Guns and Gadgets.

This channel brings you Second Amendment news every single day. Good, bad, ugly, or indifferent, no matter where it happens in this great land. From litigation to legislation and everything in between. And I want to leave you with this. Guys. Gals, be safe, stay vigilant and carry a gun to keep you, your friends, your family, your community safe. That’s what it’s for. And if you want to be a protector, you have to be a protector.

I’ll see you on the next one. Take care. .