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Old June 11, 2021, 11:06 AM   #51
LeverGunFan
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Originally Posted by Metal god View Post
All the talking heads held a news conference today stating among many things there plan to appeal the recent AWB lawsuit .

https://www.youtube.com/watch?v=UP3XIO1sN_U
I only watched a few snippets of the video, but I guess I shouldn't be surprised at how the Giffords spokesperson was a key part of the press conference representing California. Image the national hue and cry if a Pro-2A politician conducted a press conference with the NRA (or SAF or FPC) having a prominent speaking role. I doubt that Giffords organization has more than a handful of members, so California is essentially farming out their legal strategy to Michael Bloomberg and a few of his high dollar friends.
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Old June 12, 2021, 11:37 PM   #52
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Here is a interview with Chuck Michel , his office represents a couple of the cases in front of judge Roger T. Benitez regarding the 2nd amendment . Very interesting insight as to what's going on at the 9th .

https://www.youtube.com/watch?v=mZpz84TLOO0

He brings up this case is actually behind another AWB case ( Duncan ) already awaiting a decision of a an-banc panel . Which means if they strike down that case which does not have as good a ruling behind it as Benitez's ruling . It would just make his ruling moot and as if it never happened .

In the interview Chuck talks about how he believes the 9th should stay all 2nd amendment cases until the the SCOTUS hears the NY carry case in front of them now . His thinking is that the SCOTUS will likely give guidance on what scrutiny pending and future cases should use in most 2nd amendment cases .

That got me thinking if the 9th thinks they have the votes to strike down Duncan , they will before the SCOTUS rules on the NY case . Which will create precedent for all the cases log jammed at the 9th and allow they to strike them all down before next years ruling at the SCOTUS on the NY carry case .

That said as chuck points out the 9th is now more equally divided and the en-banc panel in Duncan may actually vote in our favor . If the 9th sees that as a real possibility they may want to stay all the cases and wait for guidance from the SCOTUS next year .

Anyways I found the interview thought provoking .
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Old June 13, 2021, 04:49 AM   #53
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In addition to that point, if you are licensed in any state to drive a car, you can drive a car into any state you darn well please to.
The problem with the car comparison is, drivers' licenses are honored across state lines because of something called the Drivers' License Compact. It's not for constitutional reasons.

The Compact facilitates sharing of licensing information between states, which means a database of drivers. If we apply that parallel to gun rights, we'd be accepting a national database of firearms owners, and nothing good comes from that.

Moreover, while every state has to accept licenses issued by other states, they can define traffic laws as they see fit. The speed limit on I-90 might be 70mph in Ohio, but if you cross the state line and Indiana decides it's 45, they can do so. Individual states can restrict what kinds of vehicles they allow on roads, they can levy tolls, and they can even shut down the roads. If we imagine a 50-state gun compact, we can see how some states would simply put up roadblocks to make the carry of guns extremely difficult, if not dangerous.
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Old June 14, 2021, 10:17 PM   #54
Metal god
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correction

I need to correct something in my last post . It "was" my understanding that the Duncan case awaiting an en-banc decision was a AWB case but it is not . It is a magazine capacity case and is in fact one of the cases judge Roger T. Benitez did hear and ruled in our favor . Also the en-banc panel has not heard the orals yet . In fact they are to be heard here late in June .
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Old Yesterday, 09:07 PM   #55
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To the surprise of no one, the US 9th Circuit Court of Appeals has granted an indefinite stay in Miller vs Bonta. More information at this link.
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