Federal Court: California Magazine Ban Violates 2nd Amndment

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Federal Court: California Magazine Ban Violates 2nd Amndment

Postby Grayskies on Fri Mar 29, 2019 5:47 pm

Breaking! Federal Court Finds California Magazine Ban Violates the Second Amendment
In one of the strongest judicial statements in favor of the Second Amendment to date, Judge Roger T. Benitez of the U.S. District Court for the Southern District of California determined on Friday that California’s ban on commonly possessed firearm magazines violates the Second Amendment.

https://www.nraila.org/articles/2019032 ... -amendment
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Re: Federal Court: California Magazine Ban Violates 2nd Amndment

Postby Holland&Holland on Fri Mar 29, 2019 5:53 pm

Awesome news.
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Re: Federal Court: California Magazine Ban Violates 2nd Amndment

Postby Ghost on Fri Mar 29, 2019 7:12 pm

Good and even better if the NRA is actually doing something
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Re: Federal Court: California Magazine Ban Violates 2nd Amndment

Postby Rip Van Winkle on Sat Mar 30, 2019 6:07 am

While I applaud the good news, I'd like to remind everyone this case will be appealed and likely overturned through the 9th Circus.

Given Chief Justice Roberts unwillingness to hear 2nd Amendment cases.... well, here's hoping.
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Re: Federal Court: California Magazine Ban Violates 2nd Amndment

Postby Ghost on Sat Mar 30, 2019 6:18 am

Rip Van Winkle wrote:While I applaud the good news, I'd like to remind everyone this case will be appealed and likely overturned through the 9th Circus.

Given Chief Justice Roberts unwillingness to hear 2nd Amendment cases.... well, here's hoping.

The 9th circus sent it back to that judge for the ruling. Does that make it different?
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Re: Federal Court: California Magazine Ban Violates 2nd Amndment

Postby Rip Van Winkle on Sat Mar 30, 2019 6:45 am

Ghost wrote:The 9th circus sent it back to that judge for the ruling. Does that make it different?

I don't know. The linked article states the case was referred back to the judge from the 9th circus, then later states it will be appealed to the 9th circus. :?

I'm not a legal scholar, I just masquerade as one on the interwebs. :lol:
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Re: Federal Court: California Magazine Ban Violates 2nd Amndment

Postby Holland&Holland on Sat Mar 30, 2019 6:54 am

It is in California, it will get overturned but maybe, just maybe, it will get heard at the supreme court someday.
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Re: Federal Court: California Magazine Ban Violates 2nd Amndment

Postby Ghost on Sat Mar 30, 2019 8:45 am

Holland&Holland wrote:It is in California, it will get overturned but maybe, just maybe, it will get heard at the supreme court someday.

And at least we have found a judge that follows the constitution.
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Re: Federal Court: California Magazine Ban Violates 2nd Amndment

Postby bstrawse on Sat Mar 30, 2019 5:17 pm

Ghost wrote:
Rip Van Winkle wrote:While I applaud the good news, I'd like to remind everyone this case will be appealed and likely overturned through the 9th Circus.

Given Chief Justice Roberts unwillingness to hear 2nd Amendment cases.... well, here's hoping.

The 9th circus sent it back to that judge for the ruling. Does that make it different?


The District Judge implemented a stay on enforcement of the law several months ago pending argument and decision on the merits of the case - that stay order was appealed to the 9th Circuit on an expedited basis. The panel declined to overrule his stay and sent the case back to him to rule on the merits of the case.

This is his ruling on the merits of the case.

The defendant (the State AG of California) can now appeal this case on the permits to the 9th Circuit. I expect they'll hear arguments sometime in 2020 and rule a few months later. This case could then be before SCOTUS in 2021 or 2022 - conservatively.

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Re: Federal Court: California Magazine Ban Violates 2nd Amndment

Postby Ghost on Sat Mar 30, 2019 7:00 pm

bstrawse wrote:
Ghost wrote:
Rip Van Winkle wrote:While I applaud the good news, I'd like to remind everyone this case will be appealed and likely overturned through the 9th Circus.

Given Chief Justice Roberts unwillingness to hear 2nd Amendment cases.... well, here's hoping.

The 9th circus sent it back to that judge for the ruling. Does that make it different?


The District Judge implemented a stay on enforcement of the law several months ago pending argument and decision on the merits of the case - that stay order was appealed to the 9th Circuit on an expedited basis. The panel declined to overrule his stay and sent the case back to him to rule on the merits of the case.

This is his ruling on the merits of the case.

The defendant (the State AG of California) can now appeal this case on the permits to the 9th Circuit. I expect they'll hear arguments sometime in 2020 and rule a few months later. This case could then be before SCOTUS in 2021 or 2022 - conservatively.

Bryan

And right now Californians are buying mags at record pace
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Re: Federal Court: California Magazine Ban Violates 2nd Amndment

Postby sansooshooter on Tue Apr 02, 2019 4:12 am

Trump has the 9th circus in his crosshairs . He is actively appointing judges to turn the 9th into a more conservative court.

https://finance.yahoo.com/news/trump-ge ... 26532.html
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Re: Federal Court: California Magazine Ban Violates 2nd Amndment

Postby Ghost on Tue Apr 02, 2019 8:12 am

sansooshooter wrote:Trump has the 9th circus in his crosshairs . He is actively appointing judges to turn the 9th into a more conservative court.

https://finance.yahoo.com/news/trump-ge ... 26532.html

But he also gave us a bump stock ban which sets very bad precedent
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Re: Federal Court: California Magazine Ban Violates 2nd Amndment

Postby sansooshooter on Tue Apr 02, 2019 8:40 am

Ghost wrote:
sansooshooter wrote:Trump has the 9th circus in his crosshairs . He is actively appointing judges to turn the 9th into a more conservative court.

https://finance.yahoo.com/news/trump-ge ... 26532.html

But he also gave us a bump stock ban which sets very bad precedent

Yep I agree . Trump isn't as staunch on the 2ND as I would like him to be . As I have said before , I don't trust any politicians or the political class in general !
I don't own a bump stock . Personally I don't want one and yes they are fun to play with .
As long as I'm not paying for the ammo ! :lol:
I don't like that they are a banned item .
Personally if the NFA disappeared tomorrow . I would buy a select fire weapon, if I could afford one .
But I would only hit the fun switch rarely .
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Re: Federal Court: California Magazine Ban Violates 2nd Amndment

Postby Holland&Holland on Tue Apr 02, 2019 11:28 am

Ghost wrote:
sansooshooter wrote:Trump has the 9th circus in his crosshairs . He is actively appointing judges to turn the 9th into a more conservative court.

https://finance.yahoo.com/news/trump-ge ... 26532.html

But he also gave us a bump stock ban which sets very bad precedent

Very true and very bad.
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Re: Federal Court: California Magazine Ban Violates 2nd Amndment

Postby Ironbear on Tue Apr 02, 2019 2:52 pm

sansooshooter wrote:Personally if the NFA disappeared tomorrow . I would buy a select fire weapon, if I could afford one .

Yeah. For me select fire... maybe. SBR and suppressor in a heartbeat!
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