Breaking: 9th Circuit Miller v. Bonta "Assault Weapon" Ban Challenge Update

Published on December 12, 2025
Duration: 9:12

This update on the Miller v. Bonta challenge to California's 'assault weapon' ban highlights significant judicial delays by the 9th Circuit Court of Appeals. Despite two rulings by Judge Benitez finding the ban unconstitutional, the 9th Circuit has repeatedly stayed enforcement and introduced new delays, such as requiring briefs on Kitson v. United States. The case is now projected for further action in early 2026, drawing criticism for its protracted timeline.

Quick Summary

The Miller v. Bonta challenge to California's 'assault weapon' ban is facing significant delays from the 9th Circuit Court of Appeals. After Judge Benitez ruled the ban unconstitutional twice, the 9th Circuit has stayed enforcement and introduced new briefing requirements related to Kitson v. United States, projecting further action into early 2026.

Chapters

  1. 00:00Introduction to Miller v. Bonta
  2. 02:44Case History and Judge Benitez
  3. 03:26Initial Ruling and 9th Circuit Stay
  4. 04:17Post-Bruen Remand and Second Ruling
  5. 06:05New Delay: Kitson v. United States
  6. 07:25Critique of Judicial Delays

Frequently Asked Questions

What is the current status of the Miller v. Bonta case challenging California's 'assault weapon' ban?

The Miller v. Bonta case is currently before the 9th Circuit Court of Appeals. Despite two rulings by Judge Benitez finding the ban unconstitutional, the 9th Circuit has repeatedly stayed enforcement and introduced new delays, pushing further action into 2026.

Who is Judge Roger T. Benitez in relation to Second Amendment cases?

Judge Roger T. Benitez, known as 'Saint Benitez' in the Second Amendment community, has issued pro-Second Amendment rulings, including finding California's 'assault weapon' ban unconstitutional in Miller v. Bonta and previously ruling against the state's magazine ban in Duncan v. Bonta.

What is the significance of the Kitson v. United States case for Miller v. Bonta?

The 9th Circuit has ordered both parties in Miller v. Bonta to file briefs on the impact of Kitson v. United States, a criminal case involving machine gun transfers. This requirement introduces a new delay, pushing the next steps in Miller v. Bonta to early 2026.

Why is the 9th Circuit's handling of Miller v. Bonta being criticized?

Critics, including the host, accuse the 9th Circuit of intentionally delaying cases that impact constitutional rights. The protracted timeline, similar to the decade-long Duncan v. Bonta case, is seen as a tactic to prevent the enforcement of favorable rulings.

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