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 ...
WOW! GRRRREAT news! Thanks for posting. HOORAY Chief.
MAGAKAG
Trump has almost changed the makeup of the Ninth Circus very few Republicans to 40% Republican. I bet the 3 judge panel consisted of 2 Republicans judges as there is no way Dem judges would follow the constitution and overturn the ban. I bet there is a politicized en banc review where the majority Dems will reverse the panel decision followed by an appeal to the Supreme Court where the 9th will be reversed
It took a President Trump naming Conservative judges to the 9th.
Shocked.
Must have new appointees.
WooooHoooo!
A chance to have Colorado’s laws overturned!
They will probably have to file their own lawsuits to get relief.
Individual judges can issue nationwide injunctions with the force of law, but rulings of unconstitutional laws must be fought state by state.
Trump has added ten judges to this circuit.
We’re seeing the results.
I would add to your list of one word - 3d printer
330 MILLION v how many?
ARM UP Americans. BE PREPARED to be UNCIVILIZED to the UNCIVIL.
It’s the only thing THEY understand. (just got off this conversation...with a neighbor...during a walk. Considering all options with lots of neighbors. Lots of smart minds and sharp shooters here...very fortunate)
Of course there are worst case scenarios to ponder.
“ WOW!”
************
Let’s not get too excited. Remember this is the 9th Circuit Court we’re talking about. Could be a head fake....
Excuse me while I go outside and look for pigs flying.............Now, where’s my umbrella?....................
Ugh, yeah.
Hopefully, if this case gets to SCOTUS, Compromised Roberts will uphold this ruling, as opposed to joining with the Fab (sarc) Four, so that the 10-round limit in Maryland’s SB 281, plus the preceding 20-round limit will be struck down.
BANG!
I wonder if this applies to the People’s republic of MA as well?
That would be great. Especially for those who might have acquired LCMs in the past and had them buried in the garden. Under the rose bush. To the right?
Congrats Calfornia Gun Owners! Buy lots as much as possible.
> If this holds, then all the other communist states restrictions on magazines fall. <
A Circuit Court ruling only holds for that circuit. Only a Supreme Court ruling holds for the entire country. So I’m guessing the commie states outside of the 9th circuit can continue to violate the 2A in this matter.
Trump needs to place a few more judges on the 9th Circuit in his second term but the difference between the 9th Circuit now and what it was in the past....ie the 9th Circus days....is both obvious and striking. You actually see some sane rulings from 9th Circuit panels now.
See my later comment when I thought about it some more, each communist state will have to sue for their freedom.
The People defined arms. Riverboats with swivel guns. Drovers on cattle drives with Winchesters and Henrys. Clipper ships with 24 pdrs. Farmers with Pennsylvania rifles. Southwest ranchers with Remington Model 8s. It has always been so.
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