Ocean State Tactical vs Neronha (Rhode Island Fed court, Mag Limit case) Update AWB proposed

[Hoover]

My first thought was this is egregious enough to get the SCotUS Justice overseeing the 1st Circuit to intercede. Then I remembered Ketanji Brown Jackson was given the assignment. So our hopes would rest on John Roberts getting miffed that some low level judge took a dump on his desk/left an upper decker, banged his wife, and threw his keys on the roof SCotUS reputation wise with this stunt.

The justice who oversees the circuit usually brings the matter to the full court. This is only a denial of a preliminary injunction though, I doubt SCOTUS will get involved. It’s similar to the stuff going on in the 2nd and others, SCOTUS will wait for a case, not a TRO or PI.

 

[Waher]

The justice who oversees the circuit usually brings the matter to the full court. This is only a denial of a preliminary injunction though, I doubt SCOTUS will get involved. It’s similar to the stuff going on in the 2nd and others, SCOTUS will wait for a case, not a TRO or PI.

If the 1st doesn't eventually take this up and promptly either write something with a modicum of intelligence or kick it back to the original judge with a note to write something more intellectually rigorous and grounded in jurisprudence than ,"I felt like it and said so", I could see SCotUS getting involved to the extent of telling the lower courts, "you're wrong, try again and stop wasting our time pretending to not understand what was explained to you".

 

[Waher]

On the bright side we are going to have an epic circuit split:

Judge Benitez's Latest Order in Miller v. Bonta Sets the Stage for Taking Down California's Assault Weapons Ban - The Truth About Guns

&#9664Previous Post Next Post▶ By LKB Federal Judge Roger Benitez (a/k/a “Saint Benitez” to the 2A faithful) has just entered an interesting order in Miller v. Bonta, the challenge to California’s “assault weapons” ban. It’s not a decision on the merits, but I read it as a pretty clear...

www.thetruthaboutguns.com

 

[Hoover]

On the bright side we are going to have an epic circuit split:

Judge Benitez's Latest Order in Miller v. Bonta Sets the Stage for Taking Down California's Assault Weapons Ban - The Truth About Guns

&#9664Previous Post Next Post▶ By LKB Federal Judge Roger Benitez (a/k/a “Saint Benitez” to the 2A faithful) has just entered an interesting order in Miller v. Bonta, the challenge to California’s “assault weapons” ban. It’s not a decision on the merits, but I read it as a pretty clear...

www.thetruthaboutguns.com

Benetiz will obviously strike down mag limits and AWB, he did that prior to NYSRPA. The panel draw in the 9th will matter as will whether the libs on the 9th try to take it en banc if they lose in the panel stage.

Before the 9th, the 4th will decide mag limits and AWB in bianchi vs Frosh. The 3 judge panel already had a hearing there, a bush judge, a trump and an Obama. They bush and trump judge definitely seemed very favorable to the 2A side. We’ll probably have a decision there in 2 or 3 months

 

[Garys]

The judge appears to be making a political statement and knows his decision will be overturned. His statement about balancing interests is clearly contrary to Bruen. It SHOULD be quickly overturned by the 1CA. Of course it's all just an attempt to make litigation of 2A cases too expensive for people to afford.

 

[Danny2fresh]

The judge appears to be making a political statement and knows his decision will be overturned. His statement about balancing interests is clearly contrary to Bruen. It SHOULD be quickly overturned by the 1CA. Of course it's all just an attempt to make litigation of 2A cases too expensive for people to afford.

Besides introducing public interest in direct contradiction of Bruen did you notice that he flipped the burden of proof of the tradition test to the prosecution and indicated they didn’t sufficiently meet the standard proving larger capacity maga access met tgat standard. It’s scary that there are activist judges like that who have no respect for the law. I mean he delayed the ruling just so it could be released on the anniversary of sandy hook. That judge is some piece of work as he attempts to argue materiality against the takings clause and uses an automobile analogy as support behind his statement of fact that LCM bans reduce casualties. That entire ruling would be laughably bad if not for it being so horrifying. However not that it would change anything but the attorneys ocean state tactical used did an absolute awful job. Even during the hearing they gave so much up to the state it was infuriating to watch. They got completely walked over and it was so awful it really makes me wonder if it was intentional.

 

[Hoover]

Top RI dems plan to introduce black rifle ban

Top Rhode Island officials call for ban on assault weapons

PROVIDENCE, R.I. (AP) — Rhode Island's Democratic governor and top officials urged the state legislature Tuesday to pass a bill banning assault weapons. Gov. Dan McKee, Lt. Gov. Sabina Matos, Secretary of State Gregg Amore, Attorney General Peter Neronha and General Treasurer James Diossa say...

apnews.com

Gov. Dan McKee, Lt. Gov. Sabina Matos, Secretary of State Gregg Amore, Attorney General Peter Neronha and General Treasurer James Diossa say they want to ban the sale of assault-style weapons in Rhode Island to help keep communities safe. They met at the State House with Democratic state Rep. Jason Knight, state Sen. Joshua Miller and gun control advocates.

Knight and Miller plan to introduce legislation this week as soon as it’s drafted. There have been similar proposals to ban assault weapons over the past decade in Rhode Island, which have never garnered enough support among legislative leaders.

 

[Dennis in MA]

Of course they do.

 

[SFC13557]

As I've been stating the Leftists are doubling down since Bruen, it's personal to them. They're giving the finger to SCOTUS and daring them to come after the Blue States, gun control and Abortion are 2 of their core beliefs/ideology. They're fanatics and not going to go quietly.

 

[Rob Boudrie]

Sort of like saying "Firing pins are not arms, so they may be banned".

 

[Hoover]

Sort of like saying "Firing pins are not arms, so they may be banned".

In the NAGR vs Campbell case in the MA federal district court now, the MA AG office makes the claim MAGA can be banned because they’re not arms. Makes the usual claims mags, scary black rifles, etc can be banned because they’re not protected by 2A because they’re not typically used for self defense.


View: https://twitter.com/2aupdates/status/1620591770278187008?s=61&t=O7M5UNdEAF-VpMHBtPI78w

 

[Dennis in MA]

Right. Because Self Defense are the two most important words in the Second Amendment.

Wait. Neither word is in there. Hold on a minute! LOL

 

[richc]

Using their logic, the trigger, barrel and other parts are also not arms.

It's an attack that makes no sense.

 

[Hoover]

Using their logic, the trigger, barrel and other parts are also not arms.

It's an attack that makes no sense.

It is asinine and would be openly laughed at by judges in most of the country. They are also using racist laws which banned Indians, blacks, etc from gun ownership to justify bans now. NYSRPA vs bruen has severely limited the arguments they used to make in the interest balancing days but their analogous laws effort are disgusting