Posted on 08/22/2020 8:46:38 AM PDT by marktwain
On 4 April, 2019, the Honorable Roger T. Benitez issued a stay on his finding the ban on magazines over 10 rounds was unconstitutional under the Second Amendment. The stay was issued pending an appeal to the Ninth Circuit. On 14 August, 2020, the three-judge panel issued their opinion.
The three-judge panel of the Ninth Circuit upheld Judge Benitez confirming the magazine ban as unconstitutional.
It was a split decision, with Judge Lee, appointed by President Trump, and Judge Callahan, appointed by President Bush, agreeing the ban on magazines is unconstitutional; and Judge Lynn, appointed by President Clinton, dissenting.
Here is the link to the opinion by the three-judge panel.
The opinion and dissent follow what has become the typical split in the courts on the power of the Constitution. One side claims words mean things, and limits on government power, placed in the Constitution, must be honored.
The other side has dominated for 70 years. It has the essential Progressive view of the Constitution. In that view, the Constitution is infinitely malleable; the meaning of words can be changed as the current court deems necessary to adapt the Constitution to the meaning judges (or more properly, Progressives) wish it to mean at any time. If it is to the advantage of Progressives to uphold the First Amendment; it will be upheld. If it is to the advantage of Progressives to ignore or dismiss the Second Amendment; it will be ignored or dismissed.
The essence of the opinion is expressed in these two paragraphs, taken from the text:
As for prong one of our analysis, the record shows that LCMs are not subject to the exceptions announced in Heller. Magazines are protected arms, and larger capacity magazines are not unusual. LCMs have never been subject to longstanding prohibitions.
(Excerpt) Read more at ammoland.com ...
Next step: Will AG Becerra or a Ninth Circuit judge ask for an en bank review by the Ninth Circuit?
Some retard was arguing high cap mags did not exist when the 2nd amendment was written he should check out the rifle lewis and Clark used and when it was invented.
They need to go after Californias stupid, Safe handgun, list.
RGB hates the limits the Second Amendment places on government power with a passion; Roberts seems to be compromised.
Agreed.
When RGB is no longer on the SCOTUS, the left will lose their minds.
We must be ready.
Can't get PMags. I can get HexMags, they make them with 15 round capacity just for Colorado.
And just for fun, this is one of the best cartoons I've ever seen:
We have that here in Massachusetts too. It galls me that in some states “shall not be infringed” means something...while in Massachusetts (and other states) it means *less* than nothing.
So I’m not a felon in waiting anymore?
For the moment... in the Ninth Circuit.
Feel your pain here in CT. After Sandy Hook, the knee jerk response of the demoncrats made us just as restricted as MA. Unfortunately, the ninth does nothing for us.
If you have some free time google "Caetano v Massachusetts".Just a couple of years ago SCOTUS ruled 9-0 in favor of Caetano and against the Massachusetts state legislature *and* the Massachusetts Supreme Judicial Court (the state's highest court) in upholding 2nd Amendment rights.
The next leftist hill to be attacked and destroyed is the unconstitutional restriction on full-auto weapons.
That is a ways off.
Prior to that, I expect:
National concealed and or open carry.
Removal of the ban on interstate sales of pistols.
Removal of short barreled rifles and shotguns from the NFA to the same restrictions as pistols.
Removal of silencers from the NFA. Same restrictions as rifles.
Finding restrictions on ammunition and component sales unconstitutional.
These are all much easier and less controversial. They cannot be logically upheld, unless you take the position... "Guns are Bad!"
The Second Amendment forecloses that position.
I appreciate your reply and consider your political knowledge about weapons superior to mine.
But agitating for full-auto possession will create an earthquake in the leftist anti-gun community that will require a major muster of Nazi anti-gun forces to defend another hill.
Divide and conquer.
The refusal to register, or allow a tax to be paid, is quite recent, and hard to justify.
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