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BREAKING: 9th Circuit Panel Strikes Down California ‘High Capacity’ Magazine Ban
The Truth About Guns ^ | August 14, 2020 | Dan Zimmerman

Posted on 08/14/2020 9:49:25 AM PDT by Trump20162020

A three-judge panel of the Ninth Circuit Court of Appeals has just ruled for the plaintiffs in Duncan v. Becerra, striking down the state’s “large capacity” magazine ban.

As the opinion notes:

The Ninth Circuit employs a two-prong inquiry to determine whether firearm regulations violate the Second Amendment: (1) whether the law burdens conduct protected by the Second Amendment; and (2) if so, what level of scrutiny to apply to the regulation. United states v. Chovan, 735 F.3d 1127, 1136 (9th Cir. 2013)

The panel held that under the first prong of the test, Cal. Penal Code § 32310 burdened protected conduct. First, the panel held that firearm magazines are protected arms under the Second Amendment. Second, the panel held that LCMs are commonly owned and typically used for lawful purposes, and are not “unusual arms” that would fall outside the scope of the Second Amendment. Third, the panel held that LCM prohibitions are not longstanding regulations and do not enjoy a presumption of lawfulness. Fourth, the panel held that there was no persuasive historical evidence in the record showing LCM possession fell outside the ambit of Second Amendment protection.

(Excerpt) Read more at thetruthaboutguns.com ...


TOPICS: News/Current Events; US: California
KEYWORDS: 2ndamendment; 9thcircuit; banglist; california; gun; guns; ninthcircuit; nra; secondamendment
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To: DAC21

Yes. Duh. Thanks for the correction. I dislike the man so much I can’t even get his name right :)


101 posted on 08/14/2020 2:00:58 PM PDT by ModelBreaker
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To: Trump20162020

What does this mean for Connecticut, the Unconstitutional State?


102 posted on 08/14/2020 2:39:15 PM PDT by kickstart ("A gun is a tool. It is only as good or as bad as the man who uses it" . Alan Ladd in 'Shane')
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To: kickstart

“What does this mean for Connecticut, the Unconstitutional State?”

Unfortunately nothing, the 9th Circus only has jurisdiction out west.


103 posted on 08/14/2020 2:48:17 PM PDT by DAC21
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To: PGalt

From what I know my neighbors are largely dickheads who piss themselves at the thought of a gun. I got a shipment of linked .50 while I was at work and one of the decent neighbors signed for it. Meanwhile One of the others (a Mormon) who was chatting with the good guy (also a Mormon) at the time had the nerve to come over after I collected it and ask me what business I had buying it. I told him it was none of his f...ing business what I bought and get the hell off my property or he might find out the answer to his question. Never spoke to the jerk again and he moved away not long after.


104 posted on 08/14/2020 3:08:39 PM PDT by from occupied ga (Your government is your most dangerous enemy)
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To: from occupied ga; All

OUTSTANDING response! Thanks. It reminds me of Prancing “We’re gonna take your guns away” Beto O’ Mao. FU O’Mao...you’re not gonna take a 0.10 cent returnable pop can out my garage you arrogant POS. It’s not yours to take.

I’ve got lib neighbors...but not that bad. YOU showed TREMENDOUS RESTRAINT. VERY American-like. BTTT!


105 posted on 08/14/2020 3:23:33 PM PDT by PGalt ( Past Peak Civilization?)
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To: 11th_VA

My thoughts also!
101* ,,,,!
I don’t Think So.


106 posted on 08/14/2020 3:33:08 PM PDT by Big Red Badger (TRUMP vs Biden-----------Any Question?)
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To: Lurkinanloomin

For some reason .50 BMG is readily available. The American Eagle FMJ is a bargain at $3.00 a round.

L


107 posted on 08/14/2020 3:37:10 PM PDT by Lurker (Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
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To: Trump20162020

Very good! Thanks to the NRA for helping to get President Trump elected! And thanks to many of the people who worked with the President to change the 9th Circuit! We do need more good judges there, though.

That said, Justice Kavanaugh can do better than “level of scrutiny” for our Second Amendment rights to avoid allowing the various jurisdictions to violate our rights (see Kavanaugh, “text, history and tradition” in re. the Constitution). He was the best choice for the Supreme Court in a long time. He and Thomas are the only two justices who are true friends of our Constitution. May the next man chosen for the Supreme Court be as good, and don’t let another stealth lefty in!

Trump 2020! Let’s finish it!


108 posted on 08/14/2020 3:42:58 PM PDT by familyop ( "Welcome to Costco. I love you." - -Costco greeter in the movie, "Idiocracy".)
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To: Trump20162020

And remember: both Democrat and Republican feminists fought rabidly, long and hard against the appointments of the only two trustworthy Constitution-friendly justices (Thomas and Kavanaugh). The feminists on the Republican side fought against their nominations early on, pushing for women who ostensibly anti-abortion but also lifelong stealth leftists like the other mistakes nominated under Republican administrations over the years.


109 posted on 08/14/2020 3:52:43 PM PDT by familyop ( "Welcome to Costco. I love you." - -Costco greeter in the movie, "Idiocracy".)
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To: Trump20162020

But, you don’t need more than a single bullet clip to shoot yourself in the head?


110 posted on 08/14/2020 4:15:41 PM PDT by ConservativeInPA ("War is peace. Freedom is slavery. Ignorance is strength." - George Orwell, 1984)
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To: Lurker

Same thing happened in the last shortage, .50 BMG came down as low as $2.50 a round


111 posted on 08/14/2020 4:46:49 PM PDT by Lurkinanloomin (Natural Born Citizens Are Born Here of Citizen Parents|Know Islam, No Peace-No Islam, Know Peace)
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To: 11th_VA

Here’s a few online places to check:

Ammo Omline:

https://www.youtube.com/results?search_query=liberty+ammo
http://www.armslist.com/
http://www.sgammo.com/
http://www.brownells.com/search/index.htm?k=shurefire+magazines&ksubmit=y
http://www.ammoman.com/
http://www.federalpremium.com/default.aspx
http://www.cheaperthandirt.com/
http://www.corbon.com/
https://doubletapammo.com
http://www.hksspeedloaders.com/Index.html
http://www.luckygunner.com/
http://www.shopalexanderarms.com/.50_Beowulf-Ammunition.html
http://wilsoncombat.com/new/default.asp
http://shop.ammocanmagnets.com/50-cal-size-Black-Font_c11.htm
http://www.aimsurplus.com/product.aspx?item=XCanM2A1&name=New+Mil.+Spec.+M2A1+.50cal+Ammo+Cans&groupid=614
http://www.impactguns.com/nemo-omen-300-win-match-rifle-omen-match.aspx
http://www.gunbot.net/
http://www.theboxotruth.com/#13519954922231&ifh=44
http://www.black-hills.com/
http://www.hornady.com/
http://www.nosler.com/
http://ammoseek.com/
http://www.outbackammo.com.au/
http://www.freedommunitions.com/
http://www.bulkammo.com/
http://ammo.net/
http://www.surefire.com/tactical-equipment/high-capacity-magazines.html
http://www.cabelas.com/ghome.jsp?WT.srch=1&WT.tsrc=PPC&WT.mc_id=google%7CHamburg+PA_Brand%7CUSA&rid=20&WT.z_mc_id1=43000000131123705&pcrid=13985066839&gclid=CNHYws7x57gCFUui4AodMlAAKw&gclsrc=aw.ds
http://georgia-arms.com/ammunition.aspx
http://www.cammenga.com/Magazine-Loaders-s/44.htm
http://www.maglula.com/
https://www.buffalobore.com/
http://www.barnesbullets.com/
http://www.doubletapammo.net/
http://www.grafs.com/retail/index/index
http://www.midwayusa.com/
http://www.natchezss.com/
http://gun-deals.com/ammo
http://www.lehighdefense.com/index.php/shop/ammunition/controlled-chaos/102/300-whisper-high-velocity-controlled-chaos-detail
http://www.ammunitiondepot.com/Liberty-Civil-Defense-45-ACP-78-Gr-Lead-Free-Ammo-p/liberty45.htm
http://www.brownells.com/magazines/rifle-magazines/magazines/ar-15-m16-60-100-round-magazines-prod42026.aspx
http://libertyammunition.com/
http://www.vetmadeammo.net/home.html
https://libertyammo.com/
http://ammo.com/
http://www.freedommunitions.com/Pallet-Ammo-s/55280.htm#


112 posted on 08/14/2020 5:12:19 PM PDT by Carriage Hill (A society grows great when old men plant trees, in whose shade they know they will never sit.)
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To: SamAdams76

“The 9th Circuit is on the verge of becoming a conservative majority. Trump’s been putting in judges left and right. Haven’t you been paying attention?”

Virtually every initiative by Trump regarding border security and alien invasions has been halted by edicts from District judges. Haven’t you been paying attention?

Of course this judgment by the 9th and Trump’s impact on that circuit is important.


113 posted on 08/14/2020 6:06:05 PM PDT by crusher (GREEN: Globaloney for the Gullible)
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To: Trump20162020

So when will the courts strike down that law that makes automatic weapons illegal?

JoMa


114 posted on 08/14/2020 6:10:58 PM PDT by joma89 (Buy weapons and ammo, folks.)
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To: faithhopecharity

Turners sold Many
Cases of “Standard”
Mags!
They are a Big
California Retailer.


115 posted on 08/14/2020 6:41:15 PM PDT by Big Red Badger (TRUMP vs Biden-----------Any Question?)
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To: Big Red Badger

Thank you very much. Unfortunately it Still appears No stores are selling anything again


116 posted on 08/14/2020 7:11:52 PM PDT by faithhopecharity (Politicians are not born, they are excreted. Marcus Tullius Cicero (106 to 43 BCE))
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To: Bon of Babble

“Must have new appointees.”

A Trump, a W, and a Clinton. 2-1 decision.


117 posted on 08/14/2020 7:13:53 PM PDT by CraigEsq
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To: All

https://crpa.org/news/alert/what-does-the-duncan-ruling-mean-for-you/

What Does the Duncan Victory Mean To You Right Now?

August 14, 2020- Earlier today, a three-judge panel of the Ninth Circuit issued its opinion in the CRPA-supported lawsuit Duncan v. Becerra. This momentous decision strikes down California’s statewide prohibitions against magazines capable of holding more than 10 rounds as unconstitutional. In doing so, the Ninth Circuit upholds the 2019 decision from the United States District Court in San Diego that resulted in hundreds of thousands—if not millions—of magazines being lawfully purchased by California gun owners.

Today’s opinion, however, should not be read as immediately ending the ban on acquiring magazines over 10 rounds. While possession of these magazines remains legal under the injunction issued by the district court in 2017, it is unclear whether today’s decision lifts the district court’s 2019 order staying the injunction that would have halted the enforcement of the manufacture and acquisition ban. According to the terms of that order, it remains in effect “pending final resolution” of the Duncan appeal. And because the state of California may petition for an 11-judge en banc panel to rehear the case or file a petition directly to the Supreme Court of the United States, it may be months before this appeal is finally resolved. Put simply, take caution! It is unclear whether California residents may begin to purchase magazines over 10 rounds yet.

A more detailed analysis of today’s opinion and what’s next will be published shortly. To stay informed on the Duncan lawsuit, as well as other important CRPA-supported litigation efforts, be sure to visit the CRPA website and subscribe to CRPA email alerts.


118 posted on 08/14/2020 7:20:54 PM PDT by SteveH
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To: faithhopecharity

Turners has been my
Go To shop for many
years but I’ve not
Been in since March.
They are Straight
Shooters and they
Get the goods.


119 posted on 08/14/2020 8:29:22 PM PDT by Big Red Badger (TRUMP vs Biden-----------Any Question?)
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To: Big Red Badger

Thanks much.


120 posted on 08/15/2020 12:17:41 AM PDT by faithhopecharity (Politicians are not born, they are excreted. Marcus Tullius Cicero (106 to 43 BCE))
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