9th Circuit En Banc Rules As Expected For California In Duncan v. Bonta Mag Ban (Judge VanDyke Dissent Video Included)

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The Opinion:
Employing the methodology announced in New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022), the en banc court concluded that California’s law comported with the Second Amendment for two independent reasons. First, the text of the Second Amendment does not encompass the right to possess large-capacity magazines because large-capacity magazines are neither “arms” nor protected accessories. Second, even assuming that the text of the Second Amendment encompasses the possession of optional accessories like large-capacity magazines, California’s ban on large-capacity magazines falls within the Nation’s tradition of protecting innocent persons by prohibiting especially dangerous uses of weapons and by regulating components necessary to the firing of a firearm.

Accordingly, the en banc court remanded this case to the district court with the instruction to enter judgment in favor of the California Attorney General.

Judge VanDyke - Dissent video in 23-55805 Duncan v. Bonta

View: https://www.youtube.com/watch?v=DMC7Ntd4d4c
 
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Judge VanDyke dissent video does a pretty good job at dismantling the majorities opinion/logic on protected vs not protected elements of a handgun. Shows that such logic is simply unrealistic in real life and shows a basic lack of understanding on how firearms work.
 
Judge VanDyke dissent video does a pretty good job at dismantling the majorities opinion/logic on protected vs not protected elements of a handgun. Shows that such logic is simply unrealistic in real life and shows a basic lack of understanding on how firearms work.
Nothing to do logical or not

It about how twisted the inferior courts can go to get a antigun ruling
 
R. NELSON - Circuit Judge - dissenting said:
But the majority didn’t just butcher the Second Amendment and give a judicial middle finger to the Supreme Court. It also spurned statutory procedure for en banc proceedings.
now the petition for cert...
 

View: https://x.com/hannahhill_sc/status/1902778525532426439


Ruling summed up:
1. Magazines are accessories, not arms, so no 2A protection.
2. They're "especially dangerous" so even if they were arms, we could ban them anyway.

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I've been a little busy as of late (tasked at >1.8 man year at work)
While this is exactly as expected it still sucks.
It doesn't create a circuit split
And it is so shitty even if SCOTUS does take it, we would likely see a Caetano like response slapping it down for being absurdly held bit with little clear and narrow direction on how to actually rule on the subject.
The 9th was smart to drop this duece while the country has thier eyes on activist judges blocking executive power.
Ass cancer - 7 painful cases of it.
 
I've been a little busy as of late (tasked at >1.8 man year at work)
While this is exactly as expected it still sucks.
It doesn't create a circuit split
And it is so shitty even if SCOTUS does take it, we would likely see a Caetano like response slapping it down for being absurdly held bit with little clear and narrow direction on how to actually rule on the subject.
The 9th was smart to drop this duece while the country has thier eyes on activist judges blocking executive power.
Ass cancer - 7 painful cases of it.
I particularly appreciate this part:
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Basically - this case was returned to us to correct our decision based on Bruen. Not only did we fail to do that, we plagiarized our own remanded thinking.
 
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