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9th Circuit Ruling On Second Amendment May Force John Roberts’ Hand; Hampers Biden-Harris
Red State ^ | 08/14/2020 | Bonchie

Posted on 08/15/2020 9:53:45 AM PDT by Drew68

A major decision was released today by the 9th Circuit Court of Appeals regarding the Second Amendment. If you weren’t aware, many states limit magazine capacity, with the most common stipulation being nothing over ten rounds. This has been a roundabout way to try to enforce some level of “gun control” in places like California. It’s also an incredibly arbitrary measure. What makes it constitutional to ban eleven rounds but not nine?

Now we have an answer in the form of it being ruled not constitutional at all.

This ruling has a much wider possible impact than just on magazines. This could also be the precedent to knock down all kinds of arbitrary gun control measures that focus on specific aspects of a weapon.

It should be noted that this will likely go to a full hearing of the 9th Circuit, but it also should be noted that the court is now majority Republican-appointed. If a full hearing brings the same result, then this all but forces Chief Justice John Roberts to stop being a coward and to take this up. Of course, given his previous antics, there’s no guarantee at all Roberts won’t vote with the liberals in any hypothetical ruling on gun rights. To this point, though, the Supreme Court has steadfastly refused to take up any recent Second Amendment cases. With this 9th Circuit ruling so thoroughly quashing a major tool of those trying to set arbitrary limits on firearms, Roberts either has to live with the result, or he has to make a move. We’ll see what he does.

The other thing this ruling does is draw a line in the sand between some of the radical measures Kamala Harris and Joe Biden, if elected, want to take versus what is legally allowed. If having more than ten rounds is constitutional, there’s simply no way a forced gun buyback is going to survive a legal challenge, nor is it likely any “assault weapons ban” would stand. An AR-15 is simply a rifle (and not even an overly powerful one) at the end of the day. While I’d rather Trump just win so we don’t have to wage these battles, it would be interesting to see what a Biden administration would do in the face of this ruling. Watching them get smacked down would certainly be satisfying.

Overall, this is great news for the Constitution and for the rights of Americans everywhere. Lastly, it underscores just how important the Trump presidency and his transformation of the judiciary have been.


TOPICS: News/Current Events; US: California; US: Delaware
KEYWORDS: 2ndamendment; 9thcircuit; banglist; california; clowncar; delaware; india; jamaica; joebiden; joeclowncarbiden; kamalaharris; ninthcircuit; nolink; nra; secondamendment
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This ruling has the potential to be as momentous as Heller in overturning countless LCM and "assault weapon" bans across the country. I'd be lying to say I wasn't nervous to see where Roberts will side on this.
1 posted on 08/15/2020 9:53:45 AM PDT by Drew68
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To: Drew68
Oops. Forgot link:

9th Circuit Ruling On Second Amendment May Force John Roberts’ Hand; Hampers Biden-Harris

2 posted on 08/15/2020 9:55:00 AM PDT by Drew68
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To: Drew68

There is NO second amendment in California...perhaps a ‘second suggestion’, maybe.
In my county of 2 million there are 50 CCW permits, those going to politicians and high dollar donors.
The supreme court is fine with the second being infringed, bastards.


3 posted on 08/15/2020 10:01:03 AM PDT by glasseye ("A policeman's job is only easy in a police state." Orson Welles)
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To: All

I don’t want any 2nd case going to this SC we barely won the last one. We need to flip at least one rat seat. Roberts will betray us again.


4 posted on 08/15/2020 10:01:32 AM PDT by iamgalt
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To: Drew68
"... but it also should be noted that the court is now majority Republican-appointed. "

That's news to me. Last I heard it was 16 Democrat appointed versus 13 Republican. Did I miss something?

5 posted on 08/15/2020 10:06:31 AM PDT by William Tell
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To: Drew68
FOOLED YOU DIDN'T I!


6 posted on 08/15/2020 10:08:52 AM PDT by yoe
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To: Drew68

The States are unconstitutionally involved in the limitation of a Constitutionally guaranteed right of citizens to bear arms. Are any of the other States allowed to redefine any of the other enumerated Bill of Rights?


7 posted on 08/15/2020 10:11:26 AM PDT by vigilence (Vigilence)
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To: Drew68

Roberts is part of the measured opposition group, a detente in Washington that has been a plague on our nation wheich should be governed by the people.

Ever since the apple cart has been upset by the election 2016, the entire Washington establishment has been apoplectic and has gone to war with the American people.
There are no prisoners who can be taken in this kind of war, no quarter that can be given.


8 posted on 08/15/2020 10:17:37 AM PDT by Bayard
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To: glasseye

In my county of 500k the Sheriff approves just about anyone who wants to run the admin gauntlet.

The fact that it is different here makes it arbitrary.

And that will not pass “strict scrutiny”.


9 posted on 08/15/2020 10:18:06 AM PDT by Mariner (War Criminal #18)
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To: Drew68

My GL comes with 13. They know that.


10 posted on 08/15/2020 10:20:15 AM PDT by eyedigress (Joe, put your mask on!)
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To: Drew68
this all but forces Chief Justice John Roberts to stop being a coward and to take this up.

If one SCOTUS Justice were to die this month, and I got to pick'em, I'd let buzzy live and send john roberts off to face the final Judge.

Trump and the Turtle would have a new Scotus Justice before the end of the week after the funeral.

The demonRATs could scream, the msm would rant, and then report that the new Justice was Donald Trump Jr. {just kidding, but it would be worth it if only to watch the exploding heads}.

11 posted on 08/15/2020 10:27:07 AM PDT by USS Alaska
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To: Drew68

The mag ban is redundant and emotion driven.


12 posted on 08/15/2020 10:32:17 AM PDT by lurk
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To: glasseye

Glass....sounds like you live in santa clara county under sheriff laurie smith.....wass!


13 posted on 08/15/2020 10:33:06 AM PDT by klb99 (I now understand why the South seceeded)
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To: Drew68

Even if the case rose to SCOTUS, it would be maybe 2 years from now, following the election and the likely eternal retirement of at least one SC justice.


14 posted on 08/15/2020 10:36:36 AM PDT by lurk
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To: Drew68

I am sure we would have heard if the 9th had been flipped. It is getting close though. Which means that it is almost a 50-50 chance when the 3 judge panel is chosen. A full hearing almost never happens in the 9th because there are so many judges and the backload is huge.


15 posted on 08/15/2020 10:39:55 AM PDT by Revolutionary ("Praise the Lord and Pass the Ammunition!")
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To: Drew68

They own Roberts; he’ll rule the way the left wants.

We need to find out what they have on him and publicize it.


16 posted on 08/15/2020 10:40:42 AM PDT by TBP (Progressives lack compassion and tolerance. Their self-aggrandizement is all that matters.)
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To: USS Alaska

Right ON!!!!!!


17 posted on 08/15/2020 10:41:23 AM PDT by madrastex
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To: USS Alaska

Right ON!!!!!!


18 posted on 08/15/2020 10:41:24 AM PDT by madrastex
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To: USS Alaska

Right ON!!!!!!


19 posted on 08/15/2020 10:41:24 AM PDT by madrastex
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To: Bayard

“...no quarter that can be given...”

El Deguello.


20 posted on 08/15/2020 10:42:44 AM PDT by Bonemaker (invictus maneo)
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