Miller v. Bonta - FPC Law 2A Challenge to California's "Assault Weapons" Ban

Summary: Federal Second Amendment lawsuit challenging California’s ban on so-called “assault weapons”

Plaintiffs: James Miller; Wendy Hauffen; Neil Rutherford; Adrian Sevilla; Ryan Peterson; Gunfighter Tactical, LLC; John Phillips; Poway Weapons and Gear; San Diego County Gun Owners PAC (SDCGO); California Gun Rights Foundation (CGF); Second Amendment Foundation (SAF); Firearms Policy Coalition, Inc. (FPC)

Defendants: California Attorney General Rob Bonta; DOJ Bureau of Firearms Director Luis Lopez

Litigation Counsel: John Dillon, Gatzke Dillon & Ballance LLP; George M. Lee, Seiler Epstein LLP

Docket: S.D. CA case no. 3:19-cv-01537, Ninth Circuit case nos. 21-55608 and 23-2979 | CourtListener Docket

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Key Events & Filings:

Court of Appeals

2024-1-26: Order
2024-1-24: Oral Arguments
2024-1-8: Appellants' Reply Brief
2023-12-29: Brief for Amici Curiae Idaho, Iowa, Montana, Alabama, Alaska, Arizona Legislature, Arkansas, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missiouri, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia, West Virginia, and Wyoming Supporting Plaintiffs-Appellees and Afffirmance
2023-12-22: Response Brief for Appellees
2023-12-1: Appellants' Opening Brief
2023-11-8: Order
2023-10-28: Order
2023-10-27: Reply in Support of Emergency Motion Under Circuit Rule 27-3 for a Stay Pending Appeal and for an Interim Administrative Stay
2023-10-26: Appellees’ Opposition to Appellants’ Emergency Motion Under Circuit Rule 27-3 for a Stay Pending Appeal and for an Interim Administrative Stay
2023-10-25: Order
2023-10-23: Emergency Motion Under Circuit Rule 27-3 for a Stay Pending Appeal and for an Interim Administrative Stay

District Court

2023-10-19: Notice of Appeal
2023-10-19: Decision
2023-3-15: Notice of Supplemental Authority
2023-2-21: Defendants’ Brief in Response to Plaintiffs’ Brief Filed on February 10, 2023
2023-2-20: Plaintiffs' Response Brief re: Defendants' Brief
2023-2-10: Defendants’ Brief in Response to the Court’s Order Entered on February 7, 2023
2023-2-10: Defendants’ Brief in Response to the Court’s Order Entered on December 15, 2022
2023-2-10: Plaintiffs’ Response Brief Re: Defendants’ Historical Surveys Ordered by the Court
2023-1-11: Declaration of John D. Echeverria re Submission of Surveys in Response to the Court’s Order Entered on December 15, 2022; Defendants’ Survey of Relevant Statutes (Pre-Founding – 1888), Defendants’ Survey of Relevant Statutes (1889 – 1930s)
2022-12-12: Minute Entry for proceedings held before Judge Roger T. Benitez: Status Conference held on 12/12/2022. The state defendants shall create, and the plaintiffs shall meet and confer regarding, a survey or spreadsheet of relevant statutes, laws, or regulations in chronological order. The listing shall begin at the time of the adoption of the Second Amendment and continue through twenty years after the Fourteenth Amendment. For each cited statute/law/regulation, the survey shall provide: (a) the date of enactment; (b) the enacting state, territory, or locality; (c) a description of what was restricted (e.g., dirks, daggers, metal knuckles, storage of gunpowder or cartridges, or use regulations); (d) what it was that the law or regulation restricted; (e) what type of weapon was being restricted (e.g., knife, Bowie Knife, stiletto, metal knuckles, pistols, rifles); (f) if and when the law was repealed and whether it was replaced; (g) whether the regulation was reviewed by a court and the outcome of the courts review (with case citation). Defendants may create a second survey covering a time period following that of the first list. If opposing parties cannot agree on the inclusion of a particular entry on the survey, the disagreement shall be indicated and described on a separate list. The survey list shall be filed within 30 days. Parties may file a brief up to 25 pages within 30 days thereafter focusing on relevant analogs. Parties may file a responsive brief within 10 days thereafter. Parties shall agree within 20 days on deposing Mr. Roth and Mr. Cramer at an agreed place and time.
2022-10-28: Defendants’ Response to Plaintiffs’ Additional Brief Re New York State Rifle & Pistol Ass’n v. Bruen
2022-10-28: Plaintiffs’ Response to Defendants’ Supplemental Brief Re New York State Rifle & Pistol Ass’n v. Bruen
2022-10-21: Plaintiffs’ Compendium of Works and Articles Cited
2022-10-20: Giffords Motion for Reconsideration
2022-10-13: Defendants’ Supplemental Brief in Response to the Court’s Order of August 29, 2022
2022-10-13: Plaintiffs’ Additional Brief Re New York State Rifle & Pistol Ass’n v. Bruen
2022-9-27: Objection to Notice of Related Case
2022-9-26: Notice of Related Case
2022-8-29: Minute Entry for proceedings held before Judge Roger T. Benitez: Appeal Mandate Hearing held on 8/29/2022. Appeal Mandate ordered filed for USCA Case Number(s): 21-55608. Injunction dissolved. Both parties have 45 days to file simultaneous additional briefs and 15 days thereafter to file responsive briefs in light of Bruen. The Court will then decide whether to schedule any hearings or decide the case on the record.
2022-8-29: Plaintiffs’ Brief Re New York State Rifle & Pistol Ass’n v. Bruen
2022-8-29: Defendants’ Brief in Response to the Court’s Order of August 8, 2022
2022-8-25: Letter
2022-8-8: Order

Court of Appeals

2022-8-23: Mandate
2022-8-1: Order Vacating Opinion and Remanding Case
2022-7-28: Defendants-Appellants’ Reply to Plaintiffs-appellees’ Opposition to Motion to Vacate and Remand for Further Proceedings
2022-7-21: Appellees’ Opposition to Appellants’ Motion to Vacate and Remand for Further Proceedings
2022-7-18: Plaintiffs-Appellees’ Reply to Defendants-Appellants’ Opposition to Lift Stay
2022-7-12: Parties’ Joint Status Report
2022-7-11: Opposition to Motion to Lift Stay and Motion to Vacate and Remand for Further Proceedings
2022-6-30: Motion to Lift Stay
2021-6-21: Order Granting Motion to Stay Judgment Pending Appeal
2021-6-16: Reply in Support of Emergency Motion to Stay Judgment Pending Appeal
2021-6-15: Brief of Arizona and 21 Other States in Support of Opposition to Emergency Motion Stay Judgment Pending Appeal
2021-6-15: Plaintiffs-Appellees' Opposition to Motion to Stay; Declaration ISO Opp. & Exhibits
2021-6-11: Filed clerk order: The court has received appellants’ emergency motion for a stay pending appeal. The response to that motion is due by 9:00 a.m. Pacific Time on Tuesday, June 15, 2021. The optional reply in support of the motion is due by 9:00 a.m. Pacific Time on Wednesday, June 16, 2021. The existing briefing schedule remains in effect.
2021-6-11: Preliminary Opposition to Motion to Stay
2021-6-10: Appellants' Emergency Motion to Stay Judgment Pending Appeal

District Court

2021-6-17: Order Granting Joint Motion to Stay Proceedings Related to Attorneys' Fees and Costs Pending Appeal
2021-6-10: Notice of Appeal
2021-6-4: Judgment
2021-6-4: Decision
2021-5-10: Trial Transcript - Day 2
2021-5-10: Trial Transcript - Day 1
2021-3-15: Defendants’ Response to February 26, 2021 Order
2021-2-26: Order for Firearm and First-Time Buyer data
2021-2-24: Plaintiffs’ Objections to Defendants’ Evidence and Trial Exhibits
2021-2-23: Plaintiffs’ Response to Defendants’ Post-trial Proposed Findings of Fact and Conclusions of Law
2021-2-23: Defendants’ Responses to Plaintiffs’ Proposed Findings of Fact And Conclusions of Law
2021-2-16: Plaintiffs’ Proposed Findings of Fact and Conclusions of Law
2021-2-16: Defendants’ Proposed Findings of Fact and Conclusions of Law
2020-11-18: Plaintiffs' Pretrial Brief; Exhibits; Witness List
2020-11-18: Defendants' Pretrial Brief; Exhibits; Witness List
2020-11-5: Plaintiffs' Supplemental Brief; Declarations
2020-11-5: Defendants' Supplemental Brief
2020-10-19: Evidentiary Hearing set for 09:30am in Courtroom 5A before Judge Roger T. Benitez
2020-9-23: Order on Defendants' Motion to Dismiss
2020-3-16: MINUTE ORDER issued by the Honorable Roger T. Benitez: In keeping with the Covid-19 related recommendations of United States President Donald J. Trump, as well as medical experts as to social distancing, this Court hereby exercises its discretion and vacates the current motion hearing date of March 19, 2020. Notice of a new motion hearing date and time will be given at a later date. (no document attached) (gxr)
2020-3-13: Letter to the Court (requesting telephonic/video hearing, joined by Defendants)
2020-2-4: NOTICE: Change of Motion Hearing on MOTION to Dismiss for Lack of Jurisdiction Certain Claims in First Amended Complaint, MOTION to Dismiss for Failure to State a Claim, MOTION for Preliminary Injunction and Declaratory Relief: Motion Hearing reset for 3/19/2020 10:00 AM in Courtroom 5A before Judge Roger T. Benitez. (no document attached) (gxr)
2020-1-30: Reply Brief (to Defendants' Opposition) in Support of Motion for Preliminary Injunction and Declaratory Relief; Declaration of Robert A. Marguiles, M.D. in Support of Plaintiffs' Motion for Preliminary Injunction
2020-1-24: Motion by Everytown for leave to file amicus brief in support of Defendants Opposition and proposed brief
2020-1-23: Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction; Attachments: # 1 Declaration of Lucy P. Allen, # 2 Declaration of Christopher B. Colwell, M.D., # 3 Declaration of John J. Donohue, # 4 Declaration of Blake Graham, # 5 Declaration of Louis Klarevas, # 6 Declaration of John D. Echeverria, # 7 Exhibit 1 to Echeverria Declaration, # 8 Exhibit 2 to Echeverria Declaration, # 9 Exhibit 3 to Echeverria Declaration, # 10 Exhibit 4 to Echeverria Declaration, # 11 Exhibit 5 to Echeverria Declaration, # 12 Exhibit 6 to Echeverria Declaration, # 13 Exhibit 7 to Echeverria Declaration, # 14 Exhibit 8 to Echeverria Declaration, # 15 Exhibit 9 to Echeverria Declaration, # 16 Exhibit 10 to Echeverria Declaration, # 17 Exhibit 11 to Echeverria Declaration, # 18 Exhibit 12 to Echeverria Declaration, # 19 Exhibit 13 to Echeverria Declaration, # 20 Exhibit 14 to Echeverria Declaration, # 21 Exhibit 15 to Echeverria Declaration, # 22 Exhibit 16 to Echeverria Declaration, # 23 Exhibit 17 to Echeverria Declaration, # 24 Exhibit 18 to Echeverria Declaration, # 25 Exhibit 19 to Echeverria Declaration, # 26 Exhibit 20 to Echeverria Declaration, # 27 Exhibit 21 to Echeverria Declaration, # 28 Exhibit 22 to Echeverria Declaration, # 29 Exhibit 23 to Echeverria Declaration, # 30 Exhibit 24 to Echeverria Declaration, # 31 Exhibit 25 to Echeverria Declaration, # 32 Exhibit 26 to Echeverria Declaration (32MB PDF)
2020-1-15: NOTICE of Change of Motion Hearing as to [16-1] MOTION to Dismiss for Lack of Jurisdiction Certain Claims in First Amended Complaint, [16-2] MOTION to Dismiss for Failure to State a Claim, [22-1] MOTION for Preliminary Injunction and Declaratory Relief: Motion Hearing reset for 2/6/2020 02:00 PM in Courtroom 5A before Judge Roger T. Benitez. Opposition briefs are to be filed no later than 1/23/2020. All reply briefs are to be filed no later than 1/30/2020. (no document attached) (gxr) (Entered: 01/15/2020)
2020-1-15: Minute Order issued by the Honorable Roger T. Benitez: DENYING 25 Motion to Stay Proceedings Pending Resolution of Related Appeals; DENYING 27 Ex Parte Motion to Stay re 16 Motion to Dismiss for Lack of Jurisdiction Certain Claims in First Amended Complaint Motion to Dismiss for Failure to State a Claim, 22 Motion for Preliminary Injunction and Declaratory Relief Pending Ruling on Defendants' Motion to Stay. (no document attached) (gxr) (Entered: 01/15/2020)
2019-12-23: Plaintiffs' Opposition to Defendants' Ex Parte Application to Stay
2019-12-19: ORDER Granting Joint Motion (26), Continuing Hearing on Motion for Preliminary Injunction and Motion to Dismiss. Motion Hearing continued for 1/29/2020 10:00 AM before Judge Roger T. Benitez. Defendants opposition to the preliminary injunction motion is due by January 16, 2020, Plaintiffs reply in further support of the preliminary injunction motion is due by January 23, 2020, and Defendants reply in further support of the motion to dismiss is due by January 23, 2020. Signed by Judge Roger T. Benitez on 12/19/2019. (mme) (Entered: 12/20/2019)
2019-12-19: Defendants' Ex Parte Application for Stay
2019-12-18: Joint Motion to Continue Hearing on Plaintiffs Motion for Preliminary Injunction and Defendants' Motion to Dismiss Certain Claims
2019-12-13: Defendants' Motion to Stay Proceedings
2019-12-13: Notice of Errata RE: Plaintiffs' Motion for Preliminary Injunction (PDF 21MB) (Attachments: #1 Notice of Motion and Motion for Preliminary Injunction, #2 Memo of Points and Authorities in Support of Motion for Preliminary Injunction, #3 Declaration of Ashley Hlebinsky in Support of Plaintiffs' Motion for Preliminary Injunction, #4 Declaration of James Miller in Support of Plaintiffs' Motion for Preliminary Injunction, #5 Declaration of Wendy Hauffen in Support of Plaintiffs' Motion for Preliminary Injunction, #6 Declaration of Ryan Peterson in Support of Plaintiffs' Motion for Preliminary Injunction, #7 Declaration of John Phillips in Support of Plaintiffs' Motion for Preliminary Injunction, #8 Declaration of Neil Rutherford in Support of Plaintiffs' Motion for Preliminary Injunction, #9 Declaration of Adrian Sevilla in Support of Plaintiffs' Motion for Preliminary Injunction, #10 Declaration of John Lott in Support of Plaintiffs' Motion for Preliminary Injunction)
2019-12-6: Plaintiffs' Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction; Declarations of plaintiffs and experts (PDF 44MB); Video of Comparison of California "Featureless" AR-15 vs. Standard AR-15 (Adam Kraut)
Plaintiffs: James Miller; Wendy Hauffen; Neil Rutherford; Adrian Sevilla; Ryan Peterson and Gunfighter Tactical, a firearms dealer; John Phillips and Poway Weapons and Gear, a training facility, firearms dealer, and NSSF 5-Star shooting range; advocacy organizations San Diego County Gun Owners (SDCGO) PAC; California Gun Rights Foundation (CGF); Second Amendment Foundation (SAF); and Firearms Policy Coalition (FPC);
Experts: Law professor and scholar, George Mocsary; arms, tactics, militia, and history expert Major General D. Allen Youngman (ret.); historian and firearm technology expert Ashley Hlebinsky; firearms, tactics, use of force, ballistics, and training expert Emanuel Kapelsohn; James Curcuruto, National Shooting Sports Foundation’s Director of Research and Market Development; and economist and crime researcher Dr. John Lott, president of the Crime Prevention Research Center; and attorney, modern firearms expert, and FPC Director of Legal Strategy, Adam Kraut);
2019-12-4: Plaintiffs' Opposition to Defendants' Motion to Dismiss Certain Claims
2019-11-20: Hearing on Defendants' Motion to Dismiss (doc. 16) set for 12/18/2019 10:30 AM in Courtroom 5A before Judge Roger T. Benitez
2019-11-20: MINUTE ORDER issued by the Honorable Roger T. Benitez: Granting 17 Joint Motion for Leave to File Excess Pages of Briefs Regarding Plaintiffs' Motion for Preliminary Injunction
2019-11-19: Joint Motion to Exceed Page Limit of Briefs Regarding Plaintiffs' Motion for Preliminary Injunction
2019-10-25: Defendants' Motion to Dismiss Certain Claims
2019-9-27: First Amended Complaint
2019-8-20: ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Roger T. Benitez and Magistrate Judge Jill L. Burkhardt for all further proceedings. Judge John A. Houston, Magistrate Judge Andrew G. Schopler no longer assigned to case. Create association to 3:17-cv-01017-BEN-JLB. The new case number is 19-cv-1537-BEN-JLB. Signed by Judge Roger T. Benitez on 8/16/2019. Signed by Judge John A. Houston on 8/20/2019. (tcf) (Entered: 08/20/2019)
2019-8-15: Complaint

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