BREAKING: FPC Wins “Assault Weapon” Lawsuit in Historic Victory for Second Amendment Rights

PappyM3

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Sorry for the ignorant question, but does this mean that while they appeal the decision the law is stricken from the books, sort of speak, and people in CA can buy these firearms?
No, he stayed the ruling for 30 days to give the state time to appeal. No “freedom week” like he did with standard capacity magazines.

But after the 30 days, I’m not sure what happens. The state will appeal, and I don’t know if an appeal extends the stay or not.


The judge, you'll note, couched the decision as being necessary under any level of heightened scrutiny. That's interesting and cautious (and probably was in the FPC brief) in case the Supreme Court for some reason settles on intermediate scrutiny rather than strict scrutiny for the 2nd. I.e., the judge noted we don't have a Supreme Court decision setting the level of scrutiny due the 2nd yet, but wrote that the CA AWB would fail the test under even intermediate scrutiny. He also talks about how "facts matter," which could be a hook to make the decision stick under even the low scrutiny rational basis test.

I noticed that too and hope it helps during appeals.
 

Lank

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Miller v Bonta decision here:
Second sentence of the decision brings us Heller and Miller


CA AG response here:
Soooooo he did post his offices phone number. I'm going have a large STFU delivered to his office.
 
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The judge stayed his order for 30 days to give the AG time to file an appeal. Which will happen I expect.
Stayed for 30 days and maybe longer if appealed. Gives the federal govt. politicians time to raise fear and get a federal assault weapons ban going, because those 30+ states allowing sales are just wrong.
Someone should challenge Gov. Newsom when he talks about 'mass shootings', how many American lives have been lost defending the Constitution.
 

a73elkyss

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definitely worth watching the case


Agreed. I guess as I get older and more feeble, I get joy reading and watching things like this. I can only wish that it "MIGHT" someday bear fruit for my granddaughter (who shoots so much better than me).



Jay

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Reptile

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safetyfirst2125

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California Dems sound off after judge slams 32-year ban on 'assault' weapons as 'failed experiment'​

Judge compared an AR-15 rifle to a Swiss Army knife​


“"Today’s decision is fundamentally flawed, and we will be appealing it. There is no sound basis in law, fact or common sense for equating assault rifles with Swiss Army knives””

It’s a figure of speech. The judge didn’t say AR-15s are knives. He meant they’re very popular and have a multitude of good valid and appropriate uses.

These people really are morons.
 

strangenh

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“"Today’s decision is fundamentally flawed, and we will be appealing it. There is no sound basis in law, fact or common sense for equating assault rifles with Swiss Army knives””

It’s a figure of speech. The judge didn’t say AR-15s are knives. He meant they’re very popular and have a multitude of good valid and appropriate uses.

These people really are morons.
Yeah, of course they are trying to spin it. It's politics by soundbite. It's too bad the judge didn't limit the commentary to technical facts, falsehoods, and the legal aspects, because anything creative sounding was going to be taken out of context. Probably nothing could be done to avoid some kind of anti spin on it. It's California, after all.
 

Horrible

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California Dems sound off after judge slams 32-year ban on 'assault' weapons as 'failed experiment'​

Judge compared an AR-15 rifle to a Swiss Army knife​


I love watching progs' heads explode. The best line from the judge in the ruling:

"How well has the California ban on assault weapons worked?" he said. "The assault weapon ban has had no effect. California’s experiment is a failure."
 

strangenh

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I love watching progs' heads explode. The best line from the judge in the ruling:
"How well has the California ban on assault weapons worked?" he said. "The assault weapon ban has had no effect. California’s experiment is a failure."
Yep. Setting up to show it would fail even the rational basis test.
 

KBCraig

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Don’t worry, NY, NJ and HI are still worse.
MD is arguably the worst of all.

They have an AWB, an "approved handguns roster", and total handgun registration (including new movers who bring handguns with them) and permit to purchase. Even transporting a registered handgun (unloaded, locked in the trunk) requires their "Carry and Wear Handgun Permit". Getting one of those makes NYC look like NH.

Maryland has an official stance of not recognizing FOPA or LEOSA.

Oddly enough, they don't ban silencers.
 

AHM

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MD is arguably the worst of all.

They have an AWB, an "approved handguns roster", and total handgun registration (including new movers who bring handguns with them) and permit to purchase. Even transporting a registered handgun (unloaded, locked in the trunk) requires their "Carry and Wear Handgun Permit". Getting one of those makes NYC look like NH.

Maryland has an official stance of not recognizing FOPA or LEOSA.
And yet Gander Mountain will sell you ammo there while Just Passing Through.
Not sure I even had to flash home state ID.

Try that at Cabela's in Connecticut.
 

Garys

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I minimize my time spent driving through MD on I-81 and never stop on that relatively short stretch of road. It's a shame that it's sandwiched between PA and WV, but it's the best route for me heading south as I never go through NJ or the NYC area.
 
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