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9th Circuit Court Stays Lower Court Ruling Banning 'High' Capacity Magazines in California
Red State ^ | 10/11/23 | Matt Funicello

Posted on 10/11/2023 7:34:30 PM PDT by CFW

In a completely unsurprising ruling today, the 9th Circuit Court of Appeals has placed a stay on the lower court ruling on the constitutionality of California's outright ban on "high" capacity magazines.

Last month, a lower federal court judge overturned that ban as unconstitutional. On Tuesday, the larger “en banc” panel stayed that decision — stopping it from taking effect — pending an appeal by the state.

The decision divided the judges along ideological lines. The court’s liberal majority found that the state of California had made “strong arguments” for why the ban on ammunition magazines with more than 10 rounds in them is constitutional. Even under a new, stricter test for gun laws set forth by the U.S. Supreme Court last year, the jurists found, the state is likely to win its appeal.

The motivations for placing the stay on the ruling, was mainly to prevent what happened on March 29th, 2019, when the same law was ruled unconstitutional by the U.S. District Court for the Southern District of California by Judge Roger Benitez. At the time Benitez issued a stay, along with his unconstitutional ruling against the law, but also issued an injunction against the enforcement of the law.

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


TOPICS: Constitution/Conservatism; Culture/Society; Extended News; US: California
KEYWORDS: 2ndamendment; 9thcircuit; 9thcircus; banglist; california; constitution; duncanvbonta; firearms; magban
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Constitutional rights sometime seem to take one step forward and three steps back. I look forward to seeing this one at SCOTUS.
1 posted on 10/11/2023 7:34:30 PM PDT by CFW
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To: CFW

The new 9th Circuit picks of The Tater [Jihad Joe] have regained control of the court, 15 to 14.


2 posted on 10/11/2023 7:37:57 PM PDT by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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To: CFW

9th?

It’s a circus.

Not my Monkeys [or Kangaroos...]


3 posted on 10/11/2023 7:39:21 PM PDT by Paladin2
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To: Paladin2

Courts don’t Trump a GOD given right.


4 posted on 10/11/2023 7:41:20 PM PDT by cowboyusa (YESHUA IS KING OF AMERICA! DEATH TO MARXISM AND GLOBALISM! Trump 2024, NO more Mr Nice)
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To: kiryandil

Traitor Roberts has a problem that he needs to immediately address [he won’t].


5 posted on 10/11/2023 7:41:47 PM PDT by Paladin2
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To: CFW

I still can’t decipher the ruling. I thought I read that the lower federal court judge ruled the law unconstitutional and the 9th Court reversed that?

So, California can now ban “high capacity” magazines?


6 posted on 10/11/2023 7:42:02 PM PDT by fwdude (.)
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To: CFW
A Pro-2A lawyer breaks it down; much dissent from several judges of the 9th Circuit.

The Chaos in the 9th Circus (uh, Circuit) (9mins)

7 posted on 10/11/2023 7:43:12 PM PDT by PROCON (Sic Semper Tyrannis)
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To: cowboyusa

There’s the Laws of Physics [MUST be obeyed], The Laws of God, and the Laws of Man.


8 posted on 10/11/2023 7:43:25 PM PDT by Paladin2
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To: cowboyusa

There’s the Laws of Physics [MUST be obeyed], The Laws of God, and the Laws of Man.


9 posted on 10/11/2023 7:44:05 PM PDT by Paladin2
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To: CFW

It’s going to be handy to have large capacity magazines and lots of ammunition for every single weapon that you have.

America will soon be under attack by Muslims. Count on it!


10 posted on 10/11/2023 7:45:06 PM PDT by airborne (Thank you Rush for helping me find FreeRepublic! )
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To: CFW

More than 4 rds is hi capacity?


11 posted on 10/11/2023 7:46:10 PM PDT by Mark (DONATE ONCE every 3 months-is that a big deal?)
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To: fwdude

Watch the short video in comment #7


12 posted on 10/11/2023 7:46:21 PM PDT by PROCON (Sic Semper Tyrannis)
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To: CFW

The next Republican president should elevate Judge Roger Benitez two lead the ninth circuit. I don’t know his politics and detail, or his intellectual prowess, but maybe the Supreme Court.


13 posted on 10/11/2023 7:46:33 PM PDT by Reno89519 (It's war. No one murders and takes Americans hostage. Time to act. Declare war on Hamas.)
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To: CFW; mylife; Joe Brower; MaxMax; Randy Larsen; waterhill; Envisioning; AZ .44 MAG; umgud; ...

RKBA Ping List


This Ping List is for all news pertaining to infringes upon or victories for the 2nd Amendment.

FReepmail me if you want to be added to or deleted from this Ping List.

More 2nd Amendment related articles on FR's Bang List.

14 posted on 10/11/2023 7:46:51 PM PDT by PROCON (Sic Semper Tyrannis)
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To: CFW

I’m looking forward to SCOTUS ruling on this matter. I considering relocating to Boston where magazines over 10 rounds are banned.


15 posted on 10/11/2023 7:56:51 PM PDT by thegagline (Sic semper tyrannis! Goldwater in 2024)
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To: CFW

The Second Amendment is clear.

Tyrants will usually choose to ignore the rule of law to impose their own dictates on the populace to better control them.


16 posted on 10/11/2023 8:05:17 PM PDT by metmom (He who testifies to these things says, “Surely I am coming soon.” Amen. Come, Lord Jesus.)
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To: PROCON; fwdude

Gotta love Washington Gun Law.


17 posted on 10/11/2023 8:12:29 PM PDT by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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To: CFW

How fast can you swap out magazines?


18 posted on 10/11/2023 8:17:40 PM PDT by SkyDancer (~Definition Of A Business Jet: A Mailing Tube For Executives ~)
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To: CFW

The problem with these Department of Jesters clowns is that they don’t realize that you can kill someone with one bullet.


19 posted on 10/11/2023 8:18:14 PM PDT by FlingWingFlyer (Make America FIRST Again. FJB)
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To: CFW
Roll your own:


20 posted on 10/11/2023 8:21:08 PM PDT by central_va (I won't be reconstructed and I do not give a damn...)
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