Stop us if you’ve seen this movie before. Just as he did last month when reconsidering California’s “high capacity” magazine ban in Duncan v. Bonta, District Judge Roger Benitez has taken another look at Miller v. Bonta, the case challenging the Golden State’s ban on “assault weapons” and found it to be constitutionally problematic. Today, he issued another opinion in the case, once again striking it down as patently unconstitutional.


Just as he did in Duncan, Judge Benitez enjoined the state from enforcing its ban on scary-looking long guns … and stayed the order for 10 days to allow the state to appeal.

If you’ve been following what’s happened with Duncan, the path for Miller will be very much the same. Attorney General Rob Bonta will once again ask the Ninth Circuit Court of Appeals to stay Judge Benitez’s order until the case can be heard and decided at that level. Just as they did with Duncan, the Ninth Circuit will, of course, grant the AG’s motion and Californians’ Second Amendment rights will continue to be infringed for years while the Ninth Circuit slow-walks the process. Same as it ever was.

In time — probably a great deal of time — both Duncan and Miller will result in the fall of the “high capacity” magazine “assault weapons” bans in the Golden State. Until then, the Second Amendment will remain a second class right in America’s most populous state.

Source: Dan Zimmerman,

Read the full text of the decision here.