Thursday, October 19, 2023

Miller v. Bonta (S.D.Cal. 2023) Victory

I do not have a link yet but it cites me twice.  This is a powerful decision.  Here.


  1. I am seeing FIVE citations, though sometimes separate citations to the same publication. ( "Id", you know.) I'm not sure if such separate but equal cites fall under the Grover Cleveland rule or not.

    Anyhow, footnotes 134, 135, 149, 152, and 203.

    Of these, 149 is the most fun, in my opinion: “That all cannon, swivels, mortars, howitzers, cohorns, firearms, bombs, grenades, and iron shells of any kind, that shall be found in any dwelling house . . .
    charged with, or having in them any gun-powder, shall be liable to be seized . . . .” The inference can be drawn that, in the years between the signing of the Declaration of Independence and the adoption of the Second Amendment, some Bostonians owned and kept at home cannons, howitzers, grenades, and bombs, all of which may have been more lethal than is an AR-15 today.148 At least one historian agrees.149 Cramer & Olson, Pistols, Crime, and Public, supra, at 706 (“The law also clearly considered the possession of firearms, cannon, and grenades to be unremarkable, and the carrying of loaded firearms a sufficiently common practice as to need no separate
    regulation – and no prohibition while walking the streets of Boston.”).

  2. But surely the 9th is going to mess with it like they have the Magazine decision.