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.
Maryland’s law is doubly stupid. Gun dealers cannot sell over ten round magazines. Citizens may possess whatever they want. Dealers in PA, DE, VA and WV have a hard time keeping magazines in stock. Or so I’ve heard
“Good news for Californians.”
Good news
for the country!
Generally, to get something before the Supreme Court, there has to be a conflict between two circuits. If the 9th overturns the state law, and the 2nd upholds a substantially similar law, the Supreme Court might be much more likely to take up the case.
Thanks again!
Our IDIOT governor just signed into law a bill that does the same thing...mags no larger than 1o rounds....
What am I supposed to do with all of my Beretta mags that hold 15 rounds...?
No grandfather clause, either.....
Hopefully we’ll see the same common sense in the 3rd circuit here in NJ when the magazine ban put in place by the clown in lieu of governor is challenged.
9th Circus, blind hogs, etc.
It doesn’t become law. It was a law that was blocked because it was unconstitutional. The state has a certain amount of time to appeal. If they do not, the injunction becomes permanent and the law is effectively repealed permanently. Sadly, this decision is only a guide for 9th Circus judges. Other federal judges outside the 9th are not bound by it.
It can be appealed to the full court.
This is far from over.
Ultimately, SCOTUS needs to nuke these laws from orbit, once and for all.
Oh Goodness.
Guess I should probably go camping again and see if I can find my mags in the bottom of that river.
Troll with a magnet unless their Magpuls :-)
Jim told me I shouldn’t troll any more.
So I won’t.
Pretty sure I can get them back.
;)
Guess I’m not a criminal after all!
This was a three judge panel, so next step is an appeal to the full court. Knowing the 9th they will probably overturn this (reinstate the law). Then it will be up to SCOTUS (hopefully with Kavanaugh) to overturn the 9th, as usual. But anything could happen. The 9th could just save themselves the trouble and refuse to hear it.
Exactly - even the 9th has sat up and taken notice of President Trump...
“I’m shocked though that the 9th Circuit court ruled in favor of the 2nd Amendment.”
Maybe they ruled this way because they don’t want this case going to the USSC at this juncture.
Maybe they’re thinking that the demonrats can block the President’s nominee until after November. In November, the GOP collapses and the demonrats take control of the senate. Presto, another “wise latina” sails through to confirmation. Evil wins again; throw another child on the barbie.
Now they’ll ban clips. /s
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