Big decision from the 9th Circuit today - hi-cap mags legal in California again

[AmmoManAaron]

You can read the ruling here:

https://dl.airtable.com/.attachment...9e63a83234/94d604dc/DuncanvBecerraOpinion.pdf

 

[larcat]

Wow and great. From the ninth circuit no less

You can read the ruling here:

https://dl.airtable.com/.attachment...9e63a83234/94d604dc/DuncanvBecerraOpinion.pdf

 

[Phase2]

It is a short-term victory. People there should buy up all the higher-cap mags they can right now.
Given historical precedent, it will almost certainly appealed and a temporary sale ban put in place until it is re-litigated and overruled in an en-banc 9th circuit hearing.

 

[larcat]

Can you explain en-banc?

It is a short-term victory. People there should buy up all the higher-cap mags they can right now.
Given historical precedent, it will almost certainly appealed and a temporary sale ban put in place until it is re-litigated and overruled in an en-banc 9th circuit hearing.

 

[Hatin Since 87]

Nice!! Hopefully California starts to wake up and see what’s going on. Doubtful, but this is progress.

 

[Phase2]

En-banc means all judges.

The 9th Circuit (west coast basically) is very fond of appealing and re-litigating any pro-2A decisions that manage to get past the usual 3 judge hearings.

Ninth Circuit En Banc Procedure Summary

 

[MarkC]

Can you explain en-banc?

This opinion was from a three judge panel drawn from the 29 judges assigned to the Ninth Circuit. An en banc rehearing, if requested, would be before a larger panel drawn from the 29 judges. Looking at recent 9th Circuit en banc cases, it looks like a panel of eleven circuit judges would hear the appeal, if a majority vote of the 29 judges on the entire court grant the rehearing.

http://cdn.ca9.uscourts.gov/datastore/general/2017/02/10/En_Banc_Summary2.pdf

ETA: That's the same link as Phase2 posted, above. He made his look better than I did.

 

[MCgrease08]

I don't expect another Freedom Week of sales to CA.

The stay against enforcement of the injunction continues until the mandate (the official instructions from the Court) issues. The mandate won’t issue until there has been a ruling on the all-but-certain motion for en banc rehearing. And as the Hawaii open carry case demonstrates, CTA9 is perfectly willing to sit on such requests for, quite literally, years.

https://www.thetruthaboutguns.com/b...es-down-california-high-capcity-magazine-ban/

 

[indykid]

Don't forget that Trump has replaced several judges on the 9th, which could explain this important ruling.

 

[rosejm]

And just when magazines were the only firearm parts that were inexpensive and available.

 

[JTScribe]

The judge who wrote the decision grew up in Koreatown in the 90's.

 

[Chance]

According to story on Breitbart this is an en-banc decision

 

[Phase2]

According to story on Breitbart this is an en-banc decision

That would be surprising. Page 2 from the original link only lists three judges.

 

[Kdf101]

This is why a second Trump term is so important. Not his idiotic twitter rants, not his name calling, but judge appointments. I still believe that gun control will ultimately be decided in the courts, and we need conservative, non commie judges on these courts.

 

[blue2golf]

This is why a second Trump term is so important. Not his idiotic twitter rants, not his name calling, but judge appointments. I still believe that gun control will ultimately be decided in the courts, and we need conservative, non commie judges on these courts.

I think gun control will be decided in the streets, after Democrats turn tens of millions of law abiding Americans into felons for owning a piece of plastic. I know I'm not going to prison, nor turning anything in.

 

[Kdf101]

I think gun control will be decided in the streets, after Democrats turn tens of millions of law abiding Americans into felons for owning a piece of plastic. I know I'm not going to prison, nor turning anything in.

could be, I hope not. No real winners in that scenario. I still think the courts are the important thing right now.

 

[SwikLS]

I think gun control will be decided in the streets, after Democrats turn tens of millions of law abiding Americans into felons for owning a piece of plastic. I know I'm not going to prison, nor turning anything in.

its one thing to say from my cold dead hands but its another to live up to it

 

[MarkC]

its one thing to say from my cold dead hands but its another to live up to it

This is true. You can hang on to your prohibited item, but if you ever need to use it, a DA/prosecutor in a liberal jurisdiction could likely file charges on YOU.

Recent example: the McCloskeys near St. Louis, the couple who had the mob bust down the gate and invade the private community. It wasn't the mob who had their house invaded with a search warrant, weapons seized, and criminal charges filed.

 

[ajeandy]

This is why a second Trump term is so important. Not his idiotic twitter rants, not his name calling, but judge appointments. I still believe that gun control will ultimately be decided in the courts, and we need conservative, non commie judges on these courts.

You consider Trump conservative? That’s amusing.

 

[KLB]

You consider Trump conservative? That’s amusing.

To be fair, he said conservative judges, not Trump was. Trump has appointed generally conservative or originalist judges with his appointments