The State of California is very concerned that the 10 day stay that Benitez place on his own injunction is going to expire. They feel that 10 days simply isn't enough so they are taking their concerns to the 9th circuit court.

Hey, everybody, how's it going? Welcome back to Copper Jacket TV. So it looks like the state of California might be in a little bit of a panic. As you know, they're trying to get an appeal in Miller v. Bonta. They are unhappy with Judge Benitez’s decision to order an injunction against enforcement of the state's so-called assault weapons ban. Now he stayed that injunction for 10 days to give time for California to appeal to the Ninth Circuit. But things are moving a little bit too slow for California, so, again, like I said, California is a little bit of a panic. They filed for an emergency stay. So let's talk about what that means.

Okay, so let's go and talk about what's going on here. Like I said in the beginning, California has already filed its appeal against Judge Benitez’s order, which enjoined California from enforcing its so-called assault weapons ban, the same order that he put a 10-day stay on in order to allow California to file for that appeal. But California filed that appeal on the exact same day. But the problem is the Ninth Circuit Court of Appeals is not known for being the fastest court in the country. As a matter of fact, they are one of the slowest. So it's very possible that the 10-day stay on his own order that Judge Benitez placed could potentially expire. So California doesn't want that.

So yesterday, they filed for an emergency stay with the Ninth Circuit Court of Appeals. It starts off with the state complaining that the injunction was just too broad. And then it continues to say that the 10-day stay that he placed on his own order is just too short. So it says here, "The district court permanently enjoined California's restrictions on every statutory defined category of semi-automatic rifles, pistols, and shotguns that qualify as so-called assault weapons under California Penal Code Section 30315. Those firearms are defined as such because of particular features that make them uniquely dangerous to the public and law enforcement."

This emergency motion seeks a stay pending appeal of the District Court's order. It is necessary for the Attorney General to seek this relief in an emergency motion because the district court refused to grant anything beyond a 10-day stay, viewing that as a sufficient period to seek a stay from the Court of Appeals. Absent further stay from this court, the district court's sweeping injunction will expire on October 29th, and the assault weapons that have been prohibited for decades will suddenly flood into the state.

So here's one of the reasons that California says that the Ninth Circuit should grant them their emergency stay. It says, "Because an injunction barring the enforcement of a duly enacted statute poses a substantial risk of harming the public interest, appellate courts routinely issue stays pending appeal when the lower court enjoins a statute."

Now, some of what's in that statement is actually true. Appellate courts do tend to grant emergency stays when a statute is affected. But in this case, this particular statute affects people's constitutional rights, so it's supposed to be looked at in a different light because this statute directly affects people's constitutional rights, and we have a district court judge who has multiple times said that it affects people's constitutional rights. It's supposed to be looked at in a different light. But do you think the Ninth Circuit is going to do that, or do you think they're just going to side with the state of California? Because whether it causes any type of substantial harm to public interest shouldn't really be a factor at all.

Does it, on its face, infringe on people's constitutional rights? If that is the case, then the injunction should be allowed to take effect when Judge BZ's 10-day stay runs out. But again, this is the Ninth Circuit Court of Appeals. They will use absolutely any possible way to side with the state, and so they could simply look at this and say that, "Hey, we're just trying to maintain the status quo." When it comes to the status quo in California, you're going to hear that quite a bit because this is a law that's been around for about 30 years. Since it's been around for about three decades, they say that by granting this emergency stay, they are at least just simply upholding the status quo until the appellate court has time to look at the appeal.

So based on everything that I've seen from the Ninth Circuit in Duncan, I have a feeling they are going to grant this emergency stay. And if they do grant this emergency stay, it means that the law is going to remain in effect until the appeal goes through. And if the appeal actually goes through, that stay might be in effect for even longer. So, again, the Ninth Circuit is going to try and drag this one out for as long as humanly possible. But still, I always try and look at the brighter side of things and think that, "Hey, maybe there is a small chance here that because this clearly infringes on people's constitutional rights, the Ninth Circuit will, for once, do the right thing." I'm not hopeful of it, but it's still a possibility, and I wanted to tell you guys about that because, you know, everybody's kind of watching that date to see if that 10-day stay that Benitezput on his own order expires.

If it's allowed to expire, then, guess what, California is no longer able to enforce that ban. So we'll see what happens. We'll stay on top of it. Each time there's any type of movement, I will let you guys know. But I want to thank you all very much for watching. I really do appreciate it. Please like, subscribe. You guys have a great day.