{"id":90294,"date":"2023-02-22T11:28:04","date_gmt":"2023-02-22T17:28:04","guid":{"rendered":"https:\/\/milesfortis.com\/?p=90294"},"modified":"2023-02-22T11:28:16","modified_gmt":"2023-02-22T17:28:16","slug":"90294","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=90294","title":{"rendered":""},"content":{"rendered":"

RESPONSE BRIEF FILED IN MILLER v. BONTA CALIF. \u2018ASSAULT WEAPON\u2019 BAN CASE<\/a><\/p>\n

\n

BELLEVUE, WA \u2013 The Second Amendment Foundation and its partners in the case of\u00a0Miller v. Bonta<\/em>, challenging California\u2019s ban on so-called \u201cassault weapons,\u201d have filed a\u00a0responding brief<\/a>\u00a0in the case, countering defense arguments and strategies already rejected by federal courts and the U.S. Supreme Court.<\/p>\n

\u201cOur reply takes the state to task for going directly against the instructions of the federal court,\u201d said SAF founder and Executive Vice President Alan M. Gottlieb. \u201cThe state spent its entire 25-page brief trying to re-litigate the case, essentially arguing for \u2018interest balancing\u2019 by the court, which the Supreme Court nixed last year in its landmark Bruen ruling. The only logical conclusion is that the State of California is stalling, trying to delay the inevitable ruling that the ban on semiautomatic rifles is unconstitutional.\u201d<\/p>\n

SAF is joined by the San Diego County Gun Owners\u00a0Political Action Committee, California Gun Rights Foundation, Firearms Policy Coalition and four private citizens, including James Miller, for whom the case is named. They are represented by attorneys George M. Lee at Seiler Epstein, LLP and John W. Dillon at the Dillon Law Group, APC. The case is now before the U.S. District Court for the Southern District of California.<\/p>\n

Plaintiffs note in their response brief, \u201cThe State\u2019s attempt to ignore this Court\u2019s instructions and introduce last-minute further \u201cexpert testimony\u201d offered in other cases on the \u2018dangerous and unusual weapons\u2019 question\u2014which has already been settled by this Court\u2014is also a naked appeal to interest balancing and is irrelevant to the question of historical analogues requested by this Court (and required under Bruen). At this point, Defendants are simply padding the record with old (and misplaced) arguments and extraneous declarations.\u201d<\/p>\n

\u201cIt seems clear to us the state is trying to revive arguments they cannot use because they have no historical evidence to support their gun ban,\u201d Gottlieb observed. \u201cThe court shouldn\u2019t tolerate such legal shenanigans, which ultimately attempt to reframe this case into a policy matter, which boils down to whether average citizens \u2018need\u2019 a semiautomatic firearm.<\/p>\n

\u201cThe Supreme Court already settled this,\u201d he continued. \u201cIt\u2019s not up to the government to make that choice, it\u2019s up to the American people, and their rights are not subject to public opinion polls or the whims of anti-gun politicians in Sacramento.\u201d<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

RESPONSE BRIEF FILED IN MILLER v. BONTA CALIF. \u2018ASSAULT WEAPON\u2019 BAN CASE BELLEVUE, WA \u2013 The Second Amendment Foundation and its partners in the case of\u00a0Miller v. Bonta, challenging California\u2019s ban on so-called \u201cassault weapons,\u201d have filed a\u00a0responding brief\u00a0in the case, countering defense arguments and strategies already rejected by federal courts and the U.S. Supreme … Continue reading “”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,8],"tags":[],"class_list":["post-90294","post","type-post","status-publish","format-standard","hentry","category-courts","category-rkba"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/90294","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=90294"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/90294\/revisions"}],"predecessor-version":[{"id":90295,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/90294\/revisions\/90295"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=90294"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=90294"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=90294"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}