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 ...
Google is blocking news on this!!!!!!!!!!!!!
BOOM! ... errr... BANG!
Operators are now standing by at 1-800-FREEDOM
we have california friends with birthdays coming up, what internet stores are shipping these to cali now? we have checked 5 or 6 stores and nobody is shipping these to calif yet???? thanks
Well, we NEED ‘em here after all these years. All apologies, but this *IS* occupied territory (thank you GWB)
Bottom line: if they can ban magazines over 20 rounds, they can ban magazines over 10 rounds, they can ban magazines over five rounds, they can ban magazines period.
“Watch for Beccerra to appeal the three judge panel to the full Circuit Court. They still outnumber us there.”
I believe the 9th is so big, that when they do en banc that the number of judges is 11 not all.
why stand in line? and yes Virginia, there is 380 available out there. But why, when you can have 9mm???
https://ammoseek.com/ammo/380-auto
“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.”
How can this be true when we’ve had 3-1/2 years of traffic court judges in the 666th District of Babylon invoke national rulings to hogtie POTUS?
The 9th Circuit is on the verge of becoming a conservative majority. Trump’s been putting in judges left and right. Haven’t you been paying attention?
Can’t a judge now call for a review by the full panel? Just like Flynn?
All, please list on-line Shops that stay on top of these decisions and have lifted the California restriction. I need to get a couple 30 rounders. I have nothing but 10’s currently.
“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”
Yes as to the result of 9th circuit. But the Supremes won’t touch it. The conservatives on the Court know that Rogers will rule against the second amendment.
The 9th circuit applied the “strict scrutiny” test. No way Rogers goes with strict scrutiny because that would overturn most anti-second-amendment laws. The most we would get out of Rogers is a fact-specific ruling that has almost no precedential value.
“Roberts” I think you mean.
it looks like a fake news report
we have checked ten big internet stores and NONE of them are shipping into Californication
No not fake news,
https://apnews.com/11a1e49886a3143f2db3fbf5b10c5069
I suspect Shops just have to figure out what it’s all about....
so far 12 internet stores are not shipping these into California
it is important to know which stores are accepting orders to ship to Calif because they will almost certainly honor existing orders and ship them, even if the court order gets put on hold or is overruled by the damned commie courts in Cali
so it is vital to learn which internet stores will ship these to california friends TODAY before any other judges can screw up this court order, time is of the essence
thanks
yes well so far no shops seem to know anything about this and 12 of them are not shipping into calif
so if anyone finds shops that are shipping these into calif please post here ASAP before a higher court screws up this court order
time is vital and so far 100 postings here do not seem to identified any internet sellers , thanks thanks we have calif friends with birthdays this month and would much like to get orders in for them today if possible
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