Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

California Granted Stay on Summary Judgement Against One Gun A Month Law
AmmoLand ^ | May 6, 2024 | Dean Weingarten

Posted on 05/10/2024 7:57:47 AM PDT by marktwain

On March 11, 2024, Judge William Q. Hayes of the United States District Court, Southern District of California, granted a summary judgement in the case of Nguyen V. Bonta. The case is a challenge to California’s one gun a month law. Judge Hayes ruled the law violated the text of the Second Amendment and there were no reasonable analogies in the relevant legal history of the United States.

Judge Hayes granted one month for an appeal to be filed to the Court of Appeals for the Ninth Circuit. The case was sent to a three judge panel of the Ninth Circuit. The administrative panel consists of judges Bennett, R. Nelson, and Miller. All three judges were appointed by President Trump.

On April 24, 2024, the panel granted a stay of Judge Hayes summary judgment to the state of California. Judge Nelson dissented.  Here is Judge Nelson’s dissent.  From Nguyen v Bonta Courtlister:

I agree to expedite this appeal. I would deny the stay pending appeal because Defendants are not likely to prevail on the merits. “[W]hen the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct.” New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 579 U.S. 1, 17(2022). As the district court properly concluded, the right to buy a firearm is covered by the plain text of the Second Amendment. Moreover, under Bruen, no historical analogue permits California’s regulation. California points mainly to historical regulations of the sale, storage and transport of gun powder—the same analogues California cites to support almost all of its onerous gun restrictions. As the district court properly found, these are not sufficiently close analogues under Bruen.


(Excerpt) Read more at ammoland.com ...


TOPICS:
KEYWORDS: 2a; 2to1; 3judgepanel; 9thcircuit; 9thcircus; banglist; ca; ninthcircuit; ninthcircus; sdcalifornia; threejudgepanel; williamqhayes
The administrative three judge panel, in a split decision, granted a stay on the lower court's summary judgement that the law was unconstitutional under the Second Amendment.
1 posted on 05/10/2024 7:57:47 AM PDT by marktwain
[ Post Reply | Private Reply | View Replies]

To: marktwain

I hated that law that said I had to buy 1 gun a month. I was going broke.


2 posted on 05/10/2024 8:42:20 AM PDT by super7man (Madam Defarge, knitting, knitting, always knitting.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain
All three judges were appointed by President Trump.

William Q. Hayes is a Dubya judge.

The three judge panel consisted of Mark J. Bennett [Honolulu, HI], Ryan D. Nelson [Idaho Falls, ID] and Eric D. Miller [Seattle, WA].

Knowing where their duty stations are, can we predict who voted which way?

Why, yes - yes we can.

Judge Nelson dissented.

Mark J. Bennett needed the approval of two Democrat senators.

Eric D. Miller needed the approval of two Democrat senators.

Ryan D. Nelson only had one Democrat senator stirring the pot.

On July 10, 2018, Mark J. Bennett's nomination was confirmed by a 72–27 vote. All 27 votes against his confirmation came from Republican Senators due to his defense of Hawaii's restrictive firearms laws in court.

3 posted on 05/10/2024 9:18:07 AM PDT by kiryandil (FR Democrat Party operatives! Rally in defense of your Colombian cartel stooge Merchan!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: kiryandil
Idaho has two Republican Senators. Who was the Democrat Senator involved with Nelson?
4 posted on 05/10/2024 9:36:30 AM PDT by Myrddin
[ Post Reply | Private Reply | To 3 | View Replies]

To: Myrddin
My bad.

I was thinking of Montana's obnoxious Jon Testes. [misspelling deliberate]

5 posted on 05/10/2024 9:41:42 AM PDT by kiryandil (FR Democrat Party operatives! Rally in defense of your Colombian cartel stooge Merchan!)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Myrddin
Sorry about trying to stick you Idahoans with a Democrat POS! 

6 posted on 05/10/2024 9:43:18 AM PDT by kiryandil (FR Democrat Party operatives! Rally in defense of your Colombian cartel stooge Merchan!)
[ Post Reply | Private Reply | To 4 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson