9th Circuit Overturns CA LCM Ban

[TresMonos]

Yep, the 9TH struck down the Large Capacity Magazine ban in California....

https://michellawyers.com/wp-content/uploads/2020/08/2020-08-14-Opinion.pdf

Individual liberty and freedom are not outmoded concepts
and...
How do we make the decision of how far we allow the state to interfere in what is arguably protected by the Second Amendment?
and...
it “would probably be okay” for someone to own a bazooka or grenade

https://www.courthousenews.com/california-ban-on-high-capacity-gun-magazines-struck-down/amp/

Next up....Temperature in Hell drops below freezing, Pig seen in flight and Cat marries Dog after long term secret affair....

 

[chosinsteve132]

Finally someone is able to pull their head out of their butt over there. Wait till Monday, I bet the state AG files something to block this.

 

[BIKER13]

Finally someone is able to pull their head out of their butt over there. Wait till Monday, I bet the state obama appointed AG files something to block this.

 

[Seabass19x]

Finally someone is able to pull their head out of their butt over there. Wait till Monday, I bet the state AG files something to block this.

I hope the morons do it so it ends up going to the Supreme Court, hopefully striking them down nationwide. The dems know this.

 

[chosinsteve132]

The Supreme Court has been passing up 2A cases lately

 

[TresMonos]

The Supreme Court has been passing up 2A cases lately

If this DID get kicked up to them I think it would be hard to ignore since the decision mentions both the 2nd AND 5th Amendments.

The district court issued an order granting the Owners’ motion, concluding that section 32310 violates the Second Amendment and the Fifth Amendment’s Takings Clause.

 

[aFarewellToKings]

The Supreme Court has been passing up 2A cases lately

If this DID get kicked up to them I think it would be hard to ignore since the decision mentions both the 2nd AND 5th Amendments.

If it did get to them, and they pass on it, the ruling stands. That's a good thing (at the moment).
If it goes to the full 9th circuit first, no telling what happens.

 

[spencer60]

It'll go to the full court next, where it will be overturned. The 9th hasn't been changed that much.

But it sets a precedent for groups in other districts to file suit, and if one of them can get a ruling that it's unconstitutional you could setup a SCOTUS challenge with conflicting appellate court decisions.

If Trump gets reelected and we can keep the Senate, RBG should be gone and we'd have a good chance of winning this.

 

[John Monroe]

The 9th hasn't been changed that much.

That's relative, but Trump has appointed 10 judges to the 9th Circuit. There are 29 total active judges. That's quite a shift. The current court consists of 9 Clinton appointees, 3 Bush appointees, 7 Obama appointees, and 10 trump appointees. That's 16-13 D/R. Of course, judges do not always vote their presumed party affiliation, but the current court's makeup is not so one-sided that the outcome is predetermined. And when they go en banc, they are the Chief Judge and 10 randomly selected judges. After the chief, you're down to 15-13 D/R. It's pretty close.

 

[gh1950]

The Supreme Court has been passing up 2A cases lately

Because the Conservatives don/t trust Roberts. The 4 real Conservatives are enough to grant cert and get any case heard before the Supreme Court. They are declining to do so because they don't trust Roberts, not because they don't want to hear the cases.

The 4 don't want to make a bad situation worse.

My guess, which is worth what you are paying for it, is no 2nd Amendment cases until next year. If Biden wins he will do something blatantly unconstitutional regarding gun control. If Trump wins, he will almost certainly have a chance to replace Ginsberg.