08/30/2023

We finally have movement in a monumental case out of California, Miller v. Bonta. This case has been dormant for months and people have been waiting patiently for something to happen. It looks like we may have that something in the form of an order soon.

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Hey everybody, how's it going? Welcome back to Copper Jacket TV. So today, I've got an update for you on one of the most anticipated cases we've seen across this country - a case challenging California's so-called assault weapons ban, which is Miller v. Banta or Miller v. Becerra. This case, which has been pretty much dormant since March 15th, 2023, finally has some movement, and I think we're going to be seeing some pretty good things out of this, and I believe that the order is going to come down very soon. So, let's talk about what happened.

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Okay, so let's go and talk about what's going on here. This case originally started as Miller v. Becerra and was filed back in 2019. So, we've been waiting a long time to get some type of relief out of this case. There are other cases out there in California, which are just as important, that have been waiting since 2016, 2015. I mean, these things take forever, and I think a lot of our patience is kind of running out. We want to know what's going on.

Now, you talk about Duncan, you talk about Miller - these are cases in which Judge Benitez has already weighed in on. So they're just kind of back at him now, and we're all wondering why it's taking from March till now before we actually hear anything in this case. I've discussed that in videos in the past where I think he is wording this absolutely perfectly so that when it does probably go up to the Ninth Circuit on appeal, it's going to be pretty much bulletproof. I think that's what's taking so long. I think that's what he's doing here, but again, that's just my best guess.

So again, it's been a while since we've seen any movement. Now all of a sudden, we have these documents that have been entered on the 22nd of August and on the 25th of August. Now, on the 25th of August, Benitez has entered an order which absolutely smacked down Gifford. Now, like I said before, I believe Benitez made up his mind quite a while ago, but it's this order right here which really solidifies it for me and makes me think that we are going to see a win very soon in the state of California, and it's going to be massive.

So it says here, "Proposed Amicus Curiae Giffords Law Center to Prevent Gun Violence has moved for reconsideration of the August 3rd, 2020, order denying its motion for leave to file an amicus curiae brief. Courts have broad discretion to consider amicus briefs and appoint amicus curiae. The existing parties are well equipped to present arguments and expertise; therefore, the Court denies this motion." Now, you might be thinking to yourself, "Big deal, so Benitez didn't let the Giffords Law Center jump in on this one." Well, it is kind of a big deal because what he is saying is that both parties have this covered. We don't need any more help. Everything that has been said or will be said has already been presented, and so all of the facts and all of the discovery and all of the evidence is already there. We do not need your help.

Now, obviously, he denied this back in 2020, so Giffords basically wanted to jump on the side of California and kind of help California keep this ban in place. And back then, Benitez said, "Nope, we don't need you." So they come back again and they want to say, "Hey, you know, we didn't—you denied us in the past, we want to be added again." So we're going to try and get at it again. He says, "No, we don't need you. Both parties have this covered." Okay, we don't need you, which again leads me to believe that his decision is already made.

So if his decision is already made, he is smacking down Giffords, and he is, you know, basically taking all of this time to prepare his order. It looks like from everything that I'm seeing that we're going to see that order very soon. Now, everybody's wondering, just like with the mags, are we going to see some type of Freedom week when it comes to this particular ban? Now, I've seen different opinions of people saying, "Yes," and people are kind of on the opposite side, saying, "No, it's going to be a stay or appealed pretty much immediately." He might even stay his own order, but I believe that he is not going to stay his own order this time, and I believe that California is going to have to appeal to the Ninth Circuit, and the Ninth Circuit is going to have to take a look at this. And if the Ninth Circuit takes a look at all of the documents and all the preparation that Benitez has done here and they use text, history, and tradition, which is what they did in a case recently out of Hawaii when it came to butterfly knives—they used text, history, and tradition and sided with the Second Amendment on that one—then it is very possible that, at least en banc, the panel for the Ninth Circuit might uphold Benitez's order.

So in the past, when Benitez wrote an order, sometimes he would stay his own order because he knew the Ninth Circuit is just going to use the two-step approach, the balancing approach, and that his order more than likely is just going to be overturned by a court that has an agenda. But now we know that the way that the court has to operate is going to be a little bit different. So I believe, in my own personal opinion, that we are maybe going to see a Freedom week. Obviously, I can't say it for sure, but I have a feeling that we might see something similar to a Freedom week out of this and then possibly even let the injunction stand because that's what Benitez is going to be ordering here. I believe he's going to order an injunction against the state from enforcing the ban, and I believe that the state is going to appeal to the Ninth Circuit, and that three-judge panel of the Ninth Circuit en banc is going to look at it, and I have a feeling that they're going to uphold the injunction, which means that people in California would pretty much be free to get what they want. They'd be able to take off any of the restricted items, little pieces that keep things compliant in that state, and that would pretty much be the end of that until it went to a full panel of the Ninth Circuit and then, who knows, possibly up to the Supreme Court. I doubt it would go to the Supreme Court because the Supreme Court has pretty much already said where they stand on this. But nonetheless, it still has one more phase after this, but it's still a very exciting step.

So I think that it is very possible that in the very near future here, Californians could be seeing a little bit of freedom returned to their state. So again, while I'm just thinking about this in broad terms, I personally am excited. You know, I've been doing this now on YouTube for over 10 years, and everything is changing, everything is different. We just saw that California was able to pass and do everything they wanted, and it didn't matter what type of lawsuit you had to go against it; the Ninth Circuit just always threw things over. So it's exciting to see, after all of these years and more than a decade of doing this on YouTube, that we actually have a chance where the Ninth Circuit might have to side with the Second Amendment, which would be fantastic.

So again, we're seeing some documents, we're seeing some movement. We have several entries in both Duncan and Miller now that have been entered in August. And so we're going to be watching these very closely. And if Benitez does his thing, then more than likely we're going to see it kind of late on a Friday; that's typically, to my knowledge, what he's done in the past. So again, we'll stay on top of this one. I'll let you guys know if there are any changes. But again, it's very exciting times in California. I think that the good old Governor there is going to have his head turning a little bit because everything that he worked for for the past 10 years is going to be overturned fairly soon, and that's my prediction. Thank you all very much for watching; I really do appreciate it. Please like, subscribe, and you guys have a great day.