Miller v. Becerra starts today 2/3/21 10a PST

[Edwardteach72]

FPC will be arguing today in court infront of Judge Benitez for REPEAL of California's longstanding AW ban in the case Miller v. Becerra.

Feb 3rd 2021 at 10am PST.

Probably won't hear a ruling right away or even for a few days, but Judge Benitez is the one who ruled that California's magazine ban was unconstitutional leading to "freedom week", so this will be one to pay attention to.

 

[Saltwater60]

Sure will be interesting.

 

[Edwardteach72]

 

[ArmedCorgi]

FPC will be arguing today in court infront of Judge Benitez for REPEAL of California's longstanding AW ban in the case Miller v. Becerra.

Feb 3rd 2021 at 10am PST.

Probably won't hear a ruling right away or even for a few days, but Judge Benitez is the one who ruled that California's magazine ban was unconstitutional leading to "freedom week", so this will be one to pay attention to.

9th circuit will just reverse it. Or they will uphold it during appeal, only to then hold an enbanc hearing and reverse their reversal like the clown show they are, leaving the AWB in place.

 

[Edwardteach72]

9th circuit will just reverse it. Or they will uphold it during appeal, only to then hold an enbanc hearing and reverse their reversal leaving the AWB in place.

But it would then set up either FPC to appeal to SCOTUS or if it's upheld Cali either take the loss or go to SCOTUS (who will either way probably just deny cert)

 

[ArmedCorgi]

But it would then set up either FPC to appeal to SCOTUS or if it's upheld Cali either take the loss or go to SCOTUS (who will either way probably just deny cert)

Yeah sure, SCOTUS will take it up. Only to be queefed out of Amy Barrett Cohen's originalist vagina after Schumer and Gillibrand write threatening letters. Or they'll just punt on some stupid technicallity.

 

[Edwardteach72]

Yeah sure, SCOTUS will take it up. Only to be queefed out of Amy Barrett Cohen's originalist vagina after Schumer and Gillibrand write threatening letters. Or they'll just punt on some stupid technicallity.

Notice how I never said scotus would take it up

 

[ArmedCorgi]

Notice how I never said scotus would take it up

I know. I'm getting ahead of myself.

 

[Edwardteach72]

And Judge Benitez could rule in favor of FPC (the 2nd A) again just like he did with magazines, leading to another "freedom week" before a possible injunction (just like he did with the magazines)

Which would then absolutely flood the state with all manors of different rifles shotguns pistols and so on, specifically previously banned AR15 in a normal configuration. And that would either way be a win

 

[Edwardteach72]

I know. I'm getting ahead of myself.

No you are fine, I was just pointing it out cause others may read it and think I'm saying scotus is or would take it up if it ever got there

 

[ArmedCorgi]

I just really wanted to have Amy Barrett Cohen and queefing in the same sentence.

 

[Edwardteach72]

I just really wanted to have Amy Barrett Cohen and queefing in the same sentence.

I won't object to that ever. And I may use it myself randomly, soo if I do just be on the look out

 

[ArmedCorgi]

I won't object to that ever. And I may use it myself randomly, soo if I do just be on the look out

"Originalist vagina" comes with it free of charge.

 

[Edwardteach72]

So it looks like there ended up being some technical difficulties during today and they had to stop and will resume this Friday

 

[Acer-m14]

Covid ??

 

[Edwardteach72]

Not that many people seem to care (if the title was NRA gives poor kid squirt guns for summer this thing would be blowing up with omg nra yay, but nope it's just FPC in court arguing against California's AWB)

Anyways I digress..

FPC is back in court now arguing this case to finish up from it getting cut short on the 3rd

 

[ArmedCorgi]

What is the argument FPC is using?

 

[Edwardteach72]

What is the argument FPC is using?

I won't try and waste your time pretending I know their legal defense or anything so here it is directly from them lol

AssaultWeaponLawsuit.com: Miller v. Bonta - California AW Challenge

Support gun rights and ensure a victory for the Second Amendment!

www.firearmspolicy.org

 

[ArmedCorgi]

So this just crossed my mind. What happens if a circuit court rules an awb unconstitutional, it doesn't get appealed or is upheld as unconstitutional on appeal and then the Federal government passes an awb? Would that federal ban be null and void because of the circuit court ruling or would it also have to go through the courts with only the circuit court ruling as precedent?

 

[Edwardteach72]

So this just crossed my mind. What happens if a circuit court rules an awb unconstitutional, it doesn't get appealed or is upheld as unconstitutional on appeal and then the Federal government passes an awb? Would that federal ban be null and void because of the circuit court ruling or would it also have to go through the courts with only the circuit court ruling as precedent?

My understanding is it would have to then go through the courts, but it would probably (one would think in this case) already be working its way through the system if the 9th rules it unconstitutional and Cali doesn't appeal because now there would be conflicting court ruling some saying it is some saying it isn't which SHOULD force SCOTUS to step in and make a ruling to clarify

 

[Acer-m14]

from my understanding if the 9th rules it unconstitutional and Cali does nothing ... then its only applies for that court district .. the rest of the states
get nothing from the case ..

 

[Edwardteach72]

from my understanding if the 9th rules it unconstitutional and Cali does nothing ... then its only applies for that court district .. the rest of the states
get nothing from the case ..

Correct but it still means that there is a split in the lower courts as some would say AWB are legal (like here in NY under the 2nd Circuit court) and well hypothetically the 9th saying they are not legal..

Then they SCOTUS SHOULD have to step in and clarify ie take up an AWB case

 

[ArmedCorgi]

Then they SCOTUS SHOULD have to step in and clarify ie take up an AWB case

Enter the queefing and subsequent punting of the case because dems will write threatening, whiny letters.

 

[Criticalt]

HOLY CRAP!!!! The NRA is giving away squirt guns???


Oh never mind, my mistake.

 

[kev74]

I believe the Second Amendment Foundation is doing the financial heavy lifting on this case. I could think of a few worse things than tossing a few $$$ their way.

 

[Edwardteach72]

I believe the Second Amendment Foundation is doing the financial heavy lifting on this case. I could think of a few worse things than tossing a few $$$ their way.

I believe you are correct. But I know FPC also does memberships and takes their own donations

 

[Edwardteach72]

 

[spat]

So this just crossed my mind. What happens if a circuit court rules an awb unconstitutional, it doesn't get appealed or is upheld as unconstitutional on appeal and then the Federal government passes an awb? Would that federal ban be null and void because of the circuit court ruling or would it also have to go through the courts with only the circuit court ruling as precedent?

If SCOTUS rules SAFE unconstitutional, there's nothing stopping NY from changing a couple meaningless filler words and passing it again.

They could "emergency session" the thing in so that SAFE was invalidated for only a couple hours.

There are no consequences for all the leftist lower court judges that would say "now this version is OK, we'll let it stand"

2A supporters would suffer under the "new version" for a decade while it was pushed back up the chain to SCOTUS again, and who knows how many hardcore leftist judges will be there by then. A dozen ? More ?

Getting the idea that the system is rigged yet ?

If you're playing poker and you find out the other guy is cheating, do you just ask for another deal ?

 

[prambo]

SCROTUM ain't gonna do shit.

They're compromised, except for Thomas and Alito, and maybe ACB.

Gorsuch and Kavanaugh - they blow with the wind and that wind is from Roberts.

 

[ArmedCorgi]

If SCOTUS rules SAFE unconstitutional, there's nothing stopping NY from changing a couple meaningless filler words and passing it again.

I think that's a little bit hyperbolic. If SCOTUS rules the NYsafeact and other such awb/feature bans or banning the AR platform is unconstitutional, NY would have to get more creative than just changing a few filler words.