The decision is finally in. The case of Miller v. Bonta has been decided by Judge Benitez. This case has been before Benitez for quite some time. As a matter of fact this is the 2nd time he has heard Miller. California's so called "assault weapon" ban has been overturned.

Hey everybody, how's it going? Welcome back to Copper Jacket TV. So I just wanted to jump in front of the camera real quick and give you guys some breaking news. We finally have a decision in Miller V Bonta, the case that's challenging California's so-called assault weapons ban. Let's talk about what's going on.

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Okay, so let's go and talk about what's going on here. We've been waiting for the Miller decision for quite a while now. This one is another huge one in the state of California. This time, Judge Benitez, who also just recently gave his decision in Duncan, wrote a 78 or 79 page order this time, so he is extremely thorough, just like he is with everything else that he touches. So let's go ahead and take a look at his order and see what he did.

Okay, so let's just go ahead and dive right into the bottom right here. This is the conclusion that will tell us what his decision was. It says, "Plaintiffs in this case challenge California penal code section 30515 A 1-8, defining a 'assault weapon' by prohibited features. It is declared that these statutes unconstitutionally infringe on the second amendment rights of American citizens. These statutes and the penalty provisions in 30600, 30605, 308Z as applied to 'assault weapons' banned defined in 30515 1-8 are hereby enjoined." So Benitez placed an injunction on the assault weapons ban in the state of California.

So let's continue reading here. It says, "Judgment is entered for the plaintiffs. The Attorney General respectfully requests a stay of any judgment in plaintiffs' favor for a sufficient period to seek a stay from the court of appeals. That request is granted. Therefore, the enforcement of the injunction is hereby stayed for 10 days. The following injunction will be entered."

What does that all mean? Well, Miller, like Duncan, was remanded back down to Benitez after being at the ninth circuit. Now, Miller never made its way up to the Supreme Court; that one was at the 9th when the Bruen decision came down. So post-Bruen, they set it back down to Benitez to take a look at it again. Just like in Duncan, he took a look at it, got all the new evidence, used the text, history, and tradition the first time around, he looked at all the evidence, all the testimony, and everything else, and wrote his 78-page order saying that, again, he finds this unconstitutional. Now, because of procedural issues and stuff is why I think he did it, he stayed his own order. He could have let the injunction go and just let California try and get their appeal from the ninth circuit, but I think in doing that, the ninth circuit is more inclined to grant an emergency stay if things are kind of all over the place like that. So maybe it gives a better chance of the ninth circuit not granting the appeal and granting another stay, but we've seen what the ninth circuit has done recently. The ninth circuit, just like what they did with Duncan, doesn't really care about the Constitution, the Bill of Rights, the Second Amendment, or law for that matter. They've shown that it's pretty much all about activism and they'll do what they want. So I'm really curious to see what the ninth circuit is going to do with this one because with all of the light that was shed on the ninth circuit because of Duncan, they're really in the spotlight right now. They're not just in the spotlight from us, but they're in the spotlight from the court system in general. So the Supreme Court is going to be seeing this. If we don't get a favorable outcome here in the ninth circuit, then the Supreme Court is going to have to take a look at what the ninth circuit's been up to. I think they know that, and potentially that might work in our favor. But the ninth circuit has not been helpful when it comes to the Second Amendment. As a matter of fact, the ninth circuit never sides with us. Post-Bruen, I was really hoping that we would see a lot of massive changes there. They have to look at text, history, and tradition. They can't use the two-step approach; they can't use state interest balancing approaches. But they've been doing it anyway. They did it with Duncan, and now here they're going to have the potential to do it again with Miller. So I'm not super optimistic this time.

But what happened was we have another District Judge taking a look at this case for a second time, saying that you are infringing on people's constitutional rights, Americans' constitutional rights, and here's the reasons why I say that, 78 pages worth of reasons why I'm saying that. So I am placing an injunction against enforcement of this law. The only reason that I'm staying that enforcement is so that California has some procedural time to ask for a stay from the ninth circuit. If that time expires, then the law would be unenforceable in the state of California. We'll see what happens. Obviously, California had this ready in hand. They have their appeal to the ninth circuit ready in hand. They didn't need 10 days. I guarantee you they have that appeal ready, and it's going up to the ninth circuit for an emergency stay right now. So again, we're just going to pay close attention to this one and see what happens next and see how far the ninth circuit is willing to go to fumble around with this one and delay it as much as they did with Duncan. But hey, if there's any light at the end of the tunnel, at least the cases have been moving forward. We have been waiting for a long time, since 2017-2018 for these cases, six going on seven years for some of these cases just trying to get some type of resolution. So at least, at a minimum, we have another piece of the puzzle done, and now it's up at the higher courts. We are close to the end on this one, and again, I think in the end, we're going to win. But we'll see what happens. Anyway, I want to thank you all very much for watching. I really do appreciate it. Please like, subscribe, have a great day.