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Posted on 09/02/2020 5:20:45 AM PDT by marktwain
On 28 August 2020, Attorney General Becerra of California petitioned the Ninth Circuit to review the case of Duncan v. Becerra. The review would be of the three-judge panel which held the California ban on magazines that hold over 10 rounds of ammunition to be unconstitutional. From the Petition for En Banc:
1 INTRODUCTION AND RULE 35 STATEMENT
California respectfully petitions for rehearing en banc of the panel’s decision, which invalidates a state law restricting large-capacity magazines that can hold more than 10 rounds of ammunition (LCMs). California voters adopted the current LCM law in response to a spate of mass shootings in this State and across the Nation, and in light of evidence establishing the severe toll inflicted by mass shootings involving LCMs. A divided panel of this Court, however, held that this law is among the policy choices that the Second Amendment takes “off the table.” District of Columbia v. Heller, 554 U.S. 570, 636 (2008).
Judge Roger T. Benitez issued his opinion on 29 March 2019. It is a beautifully written opinion, based on the philosophy that the Constitution means something, and should only be altered by amendment. Judge Benitez found the magazine ban to be unconstitutional. The three-judge panel issued their opinion on 14 August 2020. The majority opinion is based on the same philosophy, upholding Judge Benitez' opinion. One judge dissented, based on the philosophy the Constitution should be interpreted to mean whatever judges deem appropriate for the times.
The petition for review of the case by an en banc panel of the Ninth Circuit does not mean the review will automatically be granted. The Ninth Circuit could vote not to review the case en banc.
(Excerpt) Read more at ammoland.com ...
The re-election of President Donald Trump will be for more important to the outcome of this case than what the Ninth Circuit decides.
RIGGED! 100 to 1 the DA has every judge en banc on speed dial. We don’t have a justice system, just a legal “process.”
Here we go, folks!
As expected. The rats still have a ruling majority in the 9th so we will probably lose this one.
“RIGGED! 100 to 1 the DA has every judge en banc on speed dial. We don’t have a justice system, just a legal “process.””
I’ll bet the DA is Soros funded.
You mean the AG didn’t just drop the issue like Prop 8?
Shocking
This Ping List is for all things pertaining to infringes upon or victories for the 2nd Amendment.
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Since the people comprise the "entire court" they ought to show the AG what they think.
Yes. If we really want to make the 9th Circuit American, we need to do all that we can to get the vote out for President Trump and keep a Republican majority in the Senate.
Remember that Justice Kavanaugh was confirmed by the current Republicans in the Senate. It was difficult, but it worked. It’s the only chance that we’ll have to get it done and keep our freedoms. We’re halfway there.
“Becerra”
I wonder if he plans to disarm his illegal amigos of their illegal magazines?
Thanks! Very well written and informative!
The police ARE “super citizens”. Their officers don’t have to pass a background check for their issued firearms. They don’t have to go through the 9-18 month process for obtaining a suppressor, and they are exempt from the 1986 machine gun ban.
The legal process ends with the Supreme Court, which is why it’s CRITICAL that President Trump wins in November and that we keep the Senate.
One or two more Supreme Court picks for President Trump would change the course of the justice system for a generation. That’s far more impact than any single law or executive order or policy.
Well, a smaller capacity clip might be acceptable if police were a given backup in all situations. This isn’t possible with the recent ploy by the Democrats to de-fund the police. Due to the uncertainty of relief from police presence, a larger clip is justified.
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