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  #1  
Old 05-11-2022, 05:50 PM
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Default US 9th Circuit Court of Appeals has a Fit of Reason

Who'da thunk it?

LOS ANGELES — A U.S. appeals court ruled Wednesday that California’s ban on the sale of semiautomatic weapons to adults under 21 is unconstitutional.

In a 2-1 ruling, a panel of the San Francisco-based 9th U.S. Circuit Court of Appeals said Wednesday the law violates the Second Amendment right to bear arms and a San Diego judge should have blocked what it called “an almost total ban on semiautomatic centerfire rifles” for young adults.


Court: California’s under-21 gun restrictions unconstitutional - POLITICO
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Old 05-11-2022, 06:08 PM
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Fantastic. When will we see normal capacity magazine bans start to crumble, not just struck down, and then immediately reversed.
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Old 05-11-2022, 06:17 PM
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Don't get too excited. The 9th will go en banc to over turn their own three judge panel. It's happened on several 2A cases.
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Old 05-11-2022, 06:31 PM
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Are you aure? Doesn't sound like the 9th Circuit!
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Old 05-11-2022, 06:35 PM
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If it’s the same two judges who, over and over, have sided with the Constitution, they should honored by the NRA, SAF, GOA and any folks who support the Constitution.

I do.
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Old 05-11-2022, 06:40 PM
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I wondered what would happen next when I saw Satan buying ice skates.
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Old 05-11-2022, 07:08 PM
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I have no doubt that will happen, however I also won't be surprised if it goes to SCOTUS.

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Originally Posted by CH4 View Post
Don't get too excited. The 9th will go en banc to over turn their own three judge panel. It's happened on several 2A cases.
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Old 05-11-2022, 08:13 PM
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Quote:
Originally Posted by GaryS View Post
I have no doubt that will happen, however I also won't be surprised if it goes to SCOTUS.
Risking a SCOTUS win, incorporating all 50 states is the fine line the 9th always walks.
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Old 05-11-2022, 08:26 PM
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I've said it before: the Second Amendment Foundation really gets results. If you haven't already, consider joining.


No wine club, though.
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Old 05-11-2022, 09:23 PM
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anything on the docket for Supreme Court review on either AW or magazine bans?
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Old 05-12-2022, 12:13 AM
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Quote:
Originally Posted by ladder13 View Post
If it’s the same two judges who, over and over, have sided with the Constitution, they should honored by the NRA, SAF, GOA and any folks who support the Constitution.

I do.
Decision here
https://cdn.ca9.uscourts.gov/datasto...1/20-56174.pdf

Two Judges in favor of the 2A were appointed by President Trump
One Judge against the 2A appointed by President Clinton

Elections matter
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Old 05-12-2022, 05:28 AM
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Judge Lee wrote that “we cannot jettison our constitutional rights, even if the goal behind a law is laudable."

I love that statement.
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Old 05-12-2022, 08:03 AM
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Yes, but doesn't it also say this:
The 9th U.S. Circuit Court of Appeals, however, ruled that a hunting license requirement for purchases of rifles or shotguns by adults under 21 who are not in the military or law enforcement was reasonable
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Old 05-12-2022, 08:16 AM
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Quote:
Originally Posted by bushmaster1313 View Post
Decision here
https://cdn.ca9.uscourts.gov/datasto...1/20-56174.pdf

Two Judges in favor of the 2A were appointed by President Trump
One Judge against the 2A appointed by President Clinton

Elections matter
Interesting seeing the plaintiffs and noting who is not listed.

And yes, elections do matter. I know some “gun owners” who happily vote against their own interests.
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Last edited by ladder13; 05-12-2022 at 08:51 AM.
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Old 05-12-2022, 08:21 AM
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Don't get too happy ...The show isn't over ...
There are plenty more judges in CA.

Remember ...One monkey don't stop no show and it ain't over till it's over ...
... and this show is far from over .
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Old 05-12-2022, 08:52 AM
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Quote:
Originally Posted by Erich View Post
I've said it before: the Second Amendment Foundation really gets results. If you haven't already, consider joining.


No wine club, though.
Life member.
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  #17  
Old 05-12-2022, 10:37 AM
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Quote:
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I've said it before: the Second Amendment Foundation really gets results....
Should I be concerned that this great victory will be reversed by the en bloc 9th Circuit, as they did with the California "large capacity" magazine ban?

Holding: The en banc court reversed the district court’s summary judgment and remanded for entry of judgment in favor of Defendant Rob Bonta, Attorney General for the State of California, in an action raising a facial challenge to California Penal Code section 32310, which prohibits, with certain exceptions, possession of large-capacity magazines, defined as those that can hold more than ten rounds of ammunition.
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Old 05-12-2022, 11:15 AM
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Quote:
Originally Posted by OKFC05 View Post
Should I be concerned that this great victory will be reversed by the en bloc 9th Circuit, as they did with the California "large capacity" magazine ban?

Holding: The en banc court reversed the district court’s summary judgment and remanded for entry of judgment in favor of Defendant Rob Bonta, Attorney General for the State of California, in an action raising a facial challenge to California Penal Code section 32310, which prohibits, with certain exceptions, possession of large-capacity magazines, defined as those that can hold more than ten rounds of ammunition.
The 9th also went en banc, overturning Peruta V. SanDiego, a shall issue case. I can't remember the others off the top of my head.
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Old 05-12-2022, 11:49 AM
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Quote:
Originally Posted by ladder13 View Post
Interesting seeing the plaintiffs and noting who is not listed.

And yes, elections do matter. I know some “gun owners” who happily vote against their own interests.
Mike—I early voted yesterday afternoon in the largest, downtown polling place a mile from the State Capitol. I was the 27th person total to vote since early voting opened—an abysmal turnout.

I think a lot of people just like to gripe and are full of hot air and never vote. We have a number of hotly contested primary elections, judical elections, a big millage/bond request etc. And I don’t need to tell anyone about everything going on in the world. I thought the polling places would be overrun.

Instead I had an army of poll workers falling over themselves to help me because they were glad to have something to do and some business.
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Old 05-12-2022, 11:53 AM
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Me


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Old 05-12-2022, 02:03 PM
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This is a bad precedent.
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Old 05-12-2022, 02:17 PM
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Quote:
Originally Posted by dockmurgw View Post
Yes, but doesn't it also say this:
The 9th U.S. Circuit Court of Appeals, however, ruled that a hunting license requirement for purchases of rifles or shotguns by adults under 21 who are not in the military or law enforcement was reasonable
The right to keep and bear arms is not about hunting.
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Old 05-12-2022, 03:39 PM
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Quote:
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The right to keep and bear arms is not about hunting.
Never said it was. Simply pointing out the part of the ruling being ignored.
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Old 05-13-2022, 03:44 AM
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I always thought it was the 9th Circus Court. Entertainment capital of the world and all, you know?
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Old 05-13-2022, 08:29 AM
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What really sucks is Montana, Idaho and Alaska are in the 9th circuit. We have about as much in common with the rest of the 9th as a a wild elephant does to a pet turtle.
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Old 05-13-2022, 09:38 AM
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And Arizona.

There was talk a while back of breaking CA,OR,WA, AK and HI off into a new Circuit. Would have been nice to have the non-Pacific Western states in our own circuit.

And remember, it's not who votes that counts. It's who counts the votes...
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Old 05-14-2022, 12:52 AM
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We can only hope for the best.......
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Old 05-23-2022, 08:24 PM
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Quote:
Originally Posted by steelslaver View Post
What really sucks is Montana, Idaho and Alaska are in the 9th circuit. We have about as much in common with the rest of the 9th as a a wild elephant does to a pet turtle.
Doesn't mean LE and DAs will follow the 9th's decisions. They have been known to look the other way.
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