9th Circuit Strikes down Magazine Restrictions - Breaking

Ninth Circuit Issues Stay Freezing California High-Capacity Magazine Ban​

The United States Court of Appeals for the Ninth Circuit issued a stay Tuesday which prevents the enforcement of California’s “large-capacity” magazine ban while an appeal is made to the Supreme Court.


Breitbart News reported that the Ninth Circuit on November 30 reversed a lower court ruling, siding with California Attorney General Rob Bonta and allowing the ban on possession of large-capacity magazines.


Me thinks they will be placing an order for a pallet or two of mags.
 
There is a pending cert before SCOTUS out of the 3rd circuit. NJ passed a nearly identical ban and the NJ gun rights group appealed it to SCOTUS a few months ago. Most likely SCOTUS will hold both the CA and NJ cases until they decide the NY state carry case. At that point SCOTUS can take up one or combine the mag cases or remand them back to the 9h and 3rd to review the cases in light of the NY state carry ruling. I think that’s probably the most likely outcome. They’d be remanding to correct aka reverse their ruling though.

There’s also an assault weapon ban case nearing SCOTUS out of the 4th circuit (Maryland), there’s also an AWB case still in the 9th circuit, an open carry case at SCOTUS pending cert from the 9th (Hawaii).

There are A LOT of cases SCOTUS can take if they so desire
 
There are A LOT of cases SCOTUS can take if they so desire

Key word there is desire, and when it comes to guns I think avoidance is their desire when they can get away with it.

I would love to be proven wrong and a year from now find standard capacity mags protected under 2A per SCOTUS.


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Key word there is desire, and when it comes to guns I think avoidance is their desire when they can get away with it.

I would love to be proven wrong and a year from now find standard capacity mags protected under 2A per SCOTUS.


🐯

We don’t know how the current court will handle cases, 2A and others, since it’s only a year old. It seems like the new court with ACB is less likely to duck cases, they did take the NY state carry case and have hand biden many loses thus far. They took up an abortion case from Mississippi and everyone expects them to uphold the restrictions on abortion Mississippi passed and possibly strike down roe and casey, the two abortion precedents.

Even if they don’t take a magazine case, if they decide the NY state carry case and remand the carry cases to the 3rd and 9th with instructions to use text history and tradition for 2A cases, that’s a big win. That will tee up a case against Massachusetts, NY, MD, etc for mags

Even though there were strong conservatives on the court after heller and McDonald, I don’t think Scalia, Alito and thomas had complete trust in Roberts or Kennedy being with them on a decision so why take the case and make bad precedent. Now with kavanaugh and ACB to go with Alito, thomas and gorsuch, they feel more comfortable taking cases.

Well see though.
 
Key word there is desire, and when it comes to guns I think avoidance is their desire when they can get away with it.

I would love to be proven wrong and a year from now find standard capacity mags protected under 2A per SCOTUS.


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This can happen when fewer than four justices (the number required to grant cert) do not want to address the conflict between law and what they see as desirable public policy.
 
This can happen when fewer than four justices (the number required to grant cert) do not want to address the conflict between law and what they see as desirable public policy.
Denial of cert often happens when justices fear their desired outcome would fail, setting a bad precedent for decades to come. Or forever.

That's why pro-2A justices have denied cert on imperfect cases, or because they're certain the majority ruling would be a disaster for 2A rights.

It's not just about neutral analysis of the law. There is plenty of gamesmanship within SCOTUS.
 
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