CA 10rd mag ban reversed by 9th Circuit

[VTski4x4]

Pinch me, I'm dreaming.

NRA-ILA | Federal Court Upholds Decision to Block California’s Magazine Ban

 

[Chevy 2 65]

Why can't that happen here with all the BS..

 

[Brewer]

Meanwhile, in the trial court, a motion for summary judgment is pending and a ruling on the merits of the case is expected soon. Regardless of the outcome, the case will most certainly be appealed again to the 9th Circuit. By that time, the Supreme Court will likely have a new justice who respects the right to keep and bear arms as protected by the Second Amendment.

 

[dhuze]

Why can't that happen here with all the BS..

Once a precedent is set you need to get someone to challenge it.

 

[enbloc]

The 9th?

 

[Palladin]

Nice

 

[Nick Leduc]

Once a precedent is set you need to get someone to challenge it.

WTS: 30 Round Pmags.

 

[FPrice]

Isn't this the court which Rush calls the "9th Circus" because of it's leftist leanings?

 

[VTski4x4]

Isn't this the court which Rush calls the "9th Circus" because of it's leftist leanings?

Yep. They must have been drunk for this ruling.

 

[bren42970]

Can we do the same? Who do I send money too.

 

[bfm]

The 9th?

Well, O'Scannlain, who happens to by my uncle in law, has made several pro 2nd decisions. They are often overturned by the full court of course.

 

[Al-Jim19]

I would gladly take a hit on my investment in prebans I fit meant I could buy pmags for $12 each and Glock 33 rounders for $30. Lots of other pistols would become more appealing too.

 

[Chevy 2 65]

Maybe because of this? I don't know?

Splitting the Ninth Circuit Court?

 

[SKumar]

This makes no sense at all

 

[enbloc]

Well, O'Scannlain, who happens to by my uncle in law, has made several pro 2nd decisions. They are often overturned by the full court of course.

Does he have someone taste his food for him?

 

[Beretta92FS]

Seems the case was only related to proposition 63, which removed the grandfathering of pre ban magazines; it is not necessarily related to possessing new standard capacity magazines. But my understanding here could be wrong.

 

[BUMPA01603]

It feels dam good to get one in the F*cking WIN column for a change, no Sh*t !!!

 

[not new guy]

Lots of good people in CA fighting important fights, for all of us.

 

[Garys]

This was a ruling by a 3 judge panel. CA has the option, and will more than likely, petition for an en banc opinion. As with Peruta, the 3 judge decision will likely be overturned by the en banc panel. How long that might take depends on the chief judge of the 9CA. They can move quickly to vacate the ruling and void the trial judges injunction. Or, they can sit on it for years because they likely won't want their decision to go to SCOTUS for cert.

Once Kavanaugh is confirmed, I expect that that SCOTUS will be more interested in taking up 2A cases. If there is another vacancy, we might even see a decision mandating "shall issue" for all states.

As Winston Churchill said after the Second Battle of El Alamein, "Now this is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning."

 

[VetteGirlMA]

I wonder when the en bank hearing will be to overturn this ruling and return the insanity meter back to 11 in California?

 

[Thirwell1216]

Wonder if this could be used a a precedent to fight what we have in MA...oh wait, we have an AG that makes up the rules and a governor that lets her do as she pleases.

 

[snax]

Hopefully, CA is at the breaking point on this, if it not already is, and you will see more challenges, revolts, and hopefully 'progressives' getting kicked out. Perhaps this will help spark a wave of others finally seeing this BS for what it is. Maybe it will help wake up more in this state, and NY, NJ, IL, HI..etc

 

[firestorm]

Seems the case was only related to proposition 63, which removed the grandfathering of pre ban magazines; it is not necessarily related to possessing new standard capacity magazines. But my understanding here could be wrong.

This is the issue. This was only a ruling on allowing the preliminary injunction to stand. The case itself is still in the lower court, and is only about the new mag ban that requires them to give up grandfathered pre bans. If this made it's way to the SCOTUS somehow, I don't think it would do anything if overturned but allow them to keep the mags they have personally owned since before 2000.

There needs to be a challenge to overall AWB's and mag bans to fix this nonsense, this is a highly specific CA type of thing that wouldn't help anybody outside there, and would be moot if they could buy/possess new mags.

 

[Noreaster]

This was only a ruling on allowing the preliminary injunction to stand. The case itself is still in the lower court, and is only about the new mag ban that requires them to give up grandfathered pre bans.

I concur, this was just a ruling on the injection. The prop 63 ban in question is on previously grandfathered magazines and is still ongoing.

 

[robjax]

they will change the law. "restriction on the possession of magazines that hold 10 rounds or more." the wording in the law will be changed to "more than 10 rounds" and that will be upheld. They might be able to keep > than 10 rounders if they already possess them because due process was mentioned..." arguing the law violated the Second Amendment as well as Americans’ due process rights." My guess is the due process is the issue as I'm sure they couldn't care less about 2A.

 

[Dennis in MA]

I would gladly take a hit on my investment in prebans I fit meant I could buy pmags for $12 each and Glock 33 rounders for $30. Lots of other pistols would become more appealing too.

ABSOLUTELY!!!! It's a no-brainer!

The $ you (and I) spent on pre-ban mags is a sunk cost. We already spent it. And the reality is: We aren't going to SELL our pre-ban mags. Ever. They have, technically, ZERO value to us in teh future as a financial commodity. It's like people that tell you their house has appreciated X in the last Y years. Whodaflunk cares??? You can't sell it and live underneath an overpass. It's a house. If you sell it, you need to. . . LIVE SOMEWHERE.

But gun guys in not-as-free states are NOT looking to sell pre-ban mags any time soon.

I'd be excited to get hicap mags for my non-old-Glock guns.