Posted on 12/08/2021 4:17:34 AM PST by marktwain
U.S.A. –-(AmmoLand.com)- The Ninth Circuit Court of Appeals has reversed the three-judge panel decision in Duncan v. Becerra, the ban on magazines that hold over 10 rounds. The opinion was released on November 30, 2021.
Update: The case nomenclature has changed from Duncan v. Becerra to Duncan v. Bonta, because of the change in the California Attorney General.
At the end of March, in 2019, Judge Roger T. Benitez wrote a well-reasoned opinion that found the California ban on magazines of over 10 rounds to be an unconstitutional infringement on the Second Amendment right to keep and bear arms. The case was appealed to a three-judge panel. The panel, in a split decision, upheld Judge Benitez’s opinion, on August 14, 2020.
As has become common in cases involving the Second Amendment in the Ninth Circuit, the case was then asked to be heard by an en bank panel of the Ninth Circuit. The en banc panel issued its opinion on November 30, 2021. The en banc panel reversed the decision of Judge Benitez at the Circuit court and of the three-judge pane. They found a ban on magazines that can hold more than 10 rounds to be an acceptably small infringement on the core Second Amendment right. From the decision Page 31-32:
Defendant does not dispute that California’s ban on large-capacity magazines implicates, at least in some measure, the core Second Amendment right of self-defense in the home. See, e.g., Pena, 898 F.3d at 977 (assuming without deciding that firearm regulations implicate the core right); see also Worman, 922 F.3d at 30, 36 (assuming without deciding that Massachusetts’ ban on large-capacity magazines implicates the core right); Heller II, 670 F.3d at 332
(Excerpt) Read more at ammoland.com ...
Yeah, cause nobody can get killed with a gun that only holds 11 rounds. (10 in the mag + 1 in the pipe) /sarc
Who determines what a “small infringement” is? How about zero infringement you bunch of Turkeys! That is what the 2nd states or I guess that Turkeys haven’t learned to read.
If there exist “acceptably small” infringements of “shall not be infringed”, I wonder what sorts of “acceptably small” violations of other laws, policies, or mandates might also exist.
Like being bitten by an acceptably small rattlesnake. Or having an acceptably small blood vessel burst in your brain.
Also, are police and soldiers expected to comply with the 10 round limit? If not, why not? Do they “need” more rounds? If so, then the limit is evidently not acceptable after all.
Why 10? What’s magic about that number?
What if they decide 5?
I believe that decision language alone demands a final read by the USSC. Its implications extend far beyond just that of magazines and the Second Amendment.
So the ban applies to “outside the home” but not “in the home”; ridiculous.
Well then, what constitutes being “in the home”?
Living homeless in a tent? Camper?
It’s ridiculous these black-robed geniuses would ignore the population of “transients” which constitute an entire city in the Utopia known as California.
I recall a Governor stating:
‘U don’t need ten buwwwets to kill a dewah!’
Whateverhappenedtothatguyandhisbrother?
“Like being bitten by an acceptably small rattlesnake.”
It’s the small ones that kill you - the venom is much more potent.
I DO get your most valid point however.
Kalifornia is a terrorist foreign Kountry.
https://wsed.org/baby-snake-venom-myth/
13 not a good number, but 10 rounds ok? Next, 8 rounds, then 6, then two?
Exactly so.
Then no cartridges that are too powerful, or hollowpoint or full metal jacket or unusual or common...
Who obeys laws anymore?
Major boon for the black marketeers. Thanks for the burst of the big bucks.
Perhaps there is an acceptably small number of judges swinging from trees as well.
As is so often the problem with this court — and many other courts ruling on Constitutional matters — they “forget” to consider the document itself. It’s easier that way.
The 2nd amendment amendment is very specific. “Shall not be infringed “.
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