Posted on 07/17/2018 3:58:48 PM PDT by PROCON
FAIRFAX, Va. -- A three-judge panel of the 9th Circuit issued a ruling in the case of Duncan v. Becerra on Tuesday upholding a lower court’s decision to suspend enforcement of California’s restriction on the possession of magazines that hold 10 rounds or more.
“This is a significant win for law-abiding gun owners in California,” said Chris W. Cox, executive director, National Rifle Association Institute for Legislative Action. “This unconstitutional law criminalizes mere possession of many standard capacity magazines and would instantly turn many law-abiding gun owners into criminals.”
California Rifle and Pistol Association lawyers, with the support of the NRA, sought an injunction against the magazine possession ban, arguing the law violated the Second Amendment as well as Americans’ due process rights. A federal district court judge agreed and issued a preliminary injunction before the law was set to go into effect. California appealed the decision.
On Tuesday, the 9th Circuit upheld the injunction.
Meanwhile, in the trial court, a motion for summary judgment is pending and a ruling on the merits of the case is expected soon. Regardless of the outcome, the case will most certainly be appealed again to the 9th Circuit. By that time, the Supreme Court will likely have a new justice who respects the right to keep and bear arms as protected by the Second Amendment.
“Tuesday’s ruling was a step in the right direction. The National Rifle Association will continue to fight for the rights of Californians to protect themselves,” Cox concluded.
Bizarro world. For once I don’t want to see the 9th circus overturned.
Got lucky on this one. Three judge panel.
I looked it up and found that there are actually a total of 41 active judges on the 9th Circus.
Does this ruling mean I can still buy “Penthouse?”
I crack me up.
5.56mm
What would be needed to bring it before SCOTUS, to make it binding across the country like D.C v Heller?
Good news for me as I am directly affected by this.
What about detachable mags ?
So, I can order some 15 round mags for my Glock 19?
I can get 20-30 round mags for my CA compliant so called assault weapon?
It's then up to you to get a lawyer, sue and incur 1000X the cost of the mags to get them back. Good luck.
It's then up to you to get a lawyer, sue and incur 1000X the cost of the mags to get them back. Good luck.
Related story:
California Constitution states that Attny General of state NUST have law license current for at least 5 years.
Bacerra was appointed by Jerry ( I am losing my mind) Brown-—and Bacerra has NOT had a law license for over 26 (Twenty Six) years.
I would file lawsuit that ANYTHING Bacerra has ever signed or handled is null & void.
We’ve had district puke judges making immigration decisions that apply nationwide so why not this?
Good news for everyone. If they challenge this ruling it will have to go to SCOTUS and they will uphold it too.
It's then up to you to get a lawyer, sue and incur 1000X the cost of the mags to get them back. Good luck.
9th circuit’s ruling will affect other jurisdictions.
Nor do I although I’m sure the various circuit courts look at each other’s ruling’s, they are not bound by then. When Circuit courts are in opposition the Supreme Court steps in and resolves the issue.
“Ramifications for the other states? NY has an almost identical ban, Colorado has a 15 round limit.”
I think New Groinsey and Massaupchuck does too.
They knew this one was obvious and they want to lower that 80% overturn rate.
I’m shocked though that the 9th Circuit court ruled in favor of the 2nd Amendment.
...
Yep. If the commies can’t win there, they can’t win anywhere.
“Anyone who thinks the TPTB( CHP, Local LEO)will actively observe this in Kali are deluding themselves. They will confiscate on the basis of the mags being a “nuisance item”
Thanks coppers ...blue lives matter.
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