By LKB Just when I thought the Ninth Circuit could not more brazenly thumb its collective nose at the Supreme Court and the Bruen decision, over the weekend a Ninth Circuit panel proved once more that there truly are no limits to that court’s enmity toward Second Amendment rights. Recall that on October 19, Judge … Read more
The State offers declarations from a number of other expert witnesses to address subjects other than historical analogues. In general, these are subjects that this Court has already addressed in its earlier opinion and is beyond the Court of Appeals remand order. Nevertheless, some of these opinions are mentioned here. … Ryan Busse is a … Read more
From the Second Amendment Foundation . . . Thursday’s ruling by U.S. District Judge Roger T. Benitez which struck down California’s ban on so-called “assault weapons” should have a direct impact on a similar ban in Washington, because both states are in the U.S. Ninth Circuit Court, the Second Amendment Foundation says. “If a gun … Read more
Stop us if you’ve seen this movie before. Just as he did last month when reconsidering California’s “high capacity” magazine ban in Duncan v. Bonta, District Judge Roger Benitez has taken another look at Miller v. Bonta, the case challenging the Golden State’s ban on “assault weapons” and found it to be constitutionally problematic. Today, … Read more
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 indication of where he is going and the fact that … Read more
From the Second Amendment Foundation . . . The California Attorney General’s office has stepped away from defending the constitutionality of the state’s new “fee shifting” law related to legal challenges of gun laws, and as a result, Gov. Gavin Newsom has hired a private law firm to intervene in two legal actions, Miller v. … Read more
From the Second Amendment Foundation . . . A federal judge in San Diego has rejected an attempt by the State of California to moot a Second Amendment Foundation lawsuit seeking to overturn a Golden State statute designed to penalize any plaintiffs, and their attorneys, in cases challenging California gun control laws. The case is … Read more
Last year, Federal District Court Judge Roger Benitez ruled that California’s “assault weapons” ban is unconstitutional in Miller v. Bonta. Benitez applied the Heller decision’s ruling to his decision in the case. He then refused a request to stay his order while the case was appealed by the state to the Ninth Circuit court of … Read more
By Chuck Michel United States District Court Judge Roger Benitez meant it when he took his oath to uphold the Constitution as he was sworn in as a federal judge in 2004. Indeed, in recent years, he delivered bold and comprehensive pro-Second Amendment decisions in CRPA-supported cases Duncan (challenge to magazine capacity limits)and Rhode (challenge to ammunition sales bans … Read more
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