California’s AG has booked a win in the case of Miller v. Bonta which challenges the states so called "assault weapon" ban. The state had asked for an emergency stay to stop an injunction by Judge Benitez from going into effect pending the appeal.
Hey everybody, how's it going? Welcome back to Copper Jacket TV. So, we got some unfortunate news over the weekend. California did get a win in Miller v. Bonta, which is the case challenging California's ban on so-called assault weapons. So let's go ahead and talk about what happened and what small piece of good might have come out of this.
Now, real quick before we get started, I want to thank you all very much for watching this video. We are on our final push to 500,000 subscribers here, so if you have an extra second, it's free – hit that subscribe button and that little bell notification. It'll let you know when new videos come out, and let's hit that 500,000 number before the end of the year. Thanks, let's get to it.
Okay, so let's go and talk about what's going on here. As I'm sure most of you know, on October 19th, Judge Roger Benitez found in Miller v. Bonta that California's ban on so-called assault weapons was in fact unconstitutional, placing an injunction against the enforcement of that law. Unfortunately, he simultaneously placed a 10-day stay on his own order to give California time to appeal, and they did appeal to the ninth circuit on the same day.
The Ninth Circuit Court of Appeals tends to work pretty slow. They later on asked for an emergency stay to be placed on that injunction so that the law would remain in effect while the appeals process took place. That was heard by a three-judge panel, and the three-judge panel decided to grant California that stay. It was a two-to-one decision, a split decision, but again, they granted California that stay and allowed the law to still exist while that appeal is taking place.
Now, like I said before, there is one good thing at least that came out of this. I'm trying to stay optimistic here. Even though it sucks that the Ninth Circuit Court of Appeals once again sided with the state of California and is allowing a clearly unconstitutional law to remain in effect while this appeals process goes through, that's what you expect from the Ninth Circuit. They almost always side with the state of California because a majority of the Ninth Circuit judges are activist judges with their own agenda.
But at the same time, as I said before, something good did come out of this. Out of the three-judge panel, two judges voted for the stay, one voted to allow the injunction to take place, but they decided to expedite the appeal. That's unusual for the Ninth Circuit because they like to drag things out for as long as possible. However, we're going to be hearing oral arguments as early as December.
I personally believe that this is going to end up at the Supreme Court based on everything I'm seeing from the Ninth Circuit, especially in Duncan. I don't think they're going to change their ways. They're going to allow this to go up to the Supreme Court. But I think that's exactly what California and other states with similar bans don't want to see happen because if it's at the Supreme Court, you're talking about possibly overturning all bans like this nationwide.
As it stands right now in the Ninth Circuit, it would only affect states within the Ninth Circuit. That's a lot smaller than what would happen if it went to the Supreme Court, where you'd see this across the entire country. There are also very similar lawsuits right now in other circuit courts, like the Fourth Circuit, which has a very similar lawsuit that could end up at the Supreme Court as well.
So, I think there's a very good chance that the Supreme Court is going to hear at least one of these cases and they're going to take this on. I think, post-Breyer, that we would get a win, but that's only based on my opinion and what I've been seeing. That's just my own projection.
I think it's going to end up at the Supreme Court. They're going to hear it, and we might end up seeing all of these bans overturned nationwide. So, it's up to the Ninth Circuit to decide whether or not they keep this within the Ninth Circuit, decide that they're going to follow the rule of law, side with the Second Amendment, and overturn the ban, keeping it within the Ninth Circuit. Or they're going to let it go up to the Supreme Court, in which case we'll overturn it for the entire country. The ball's kind of in their court, and they might have gotten the win here, but the last word is going to be on us. We'll see what happens. I'll keep you guys updated, but I want to thank you all very much for watching. I really do appreciate it. Please like and subscribe. You guys have a great day.