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 ...
I hated that law that said I had to buy 1 gun a month. I was going broke.
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.
I was thinking of Montana's obnoxious Jon Testes. [misspelling deliberate]
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