The 9th Circuit rules in our favor!

[Rastoff]

I just saw this: BREAKING: 9th Circuit Holds "Large Capacity" Firearm Magazines Protected by 2nd Amendment, Affirms Lower Court Ruling - Firearms Policy Coalition

Basically the 9th Circuit has ruled that limiting magazines to 10 rounds was unconstitutional because mags with higher capacity are a normal use item by people who aren't breaking the law.

As if 2020 wasn't weird enough, now the 9th circuit has ruled in favor of a pro-2A lawsuit. I just saw a pig fly by and I'm waiting for Godzilla to actually rise from the ocean.

 

[peter-paul]

Wow!

This circuit's composition has been slowly changing, with the current president working to level out the ideological composition.

Sent from my SAMSUNG-SM-G891A using Tapatalk

 

[Grimjaws]

California 10 Round Magazine Restriction Struck Down!

Well looks like the 9th court struck down the 10 round magazine limit. Wonder what that means for those of us stuck in other states with 10 round limits?

Appeals court ends California ban on high-capacity magazines

 

[bushmaster1313]

Wonder what that means for those of us stuck in other states with 10 round limits?

Means nothing outside the 9th Circuit.

Link to the Decision

District Court Judge ruling the ban unconstitutional
Roger T. Benitez appointed by George W. Bush

Appeals Judges ruling ban unconstitutional:

Consuelo M. Callahan appointed by George W. Bush
Kenneth K. Lee Appointed by Donald Trump

Appeals Judge saying ban was constitutional:
Barbara M. G. Lynn appointed by Bill Clinton

Unfortunately (and this is a legal not a political comment) it does matter who you get as your Judge in the District Court or as Judges on the Appeals Panel.

And who appointed the Judge often indicates how that judge will rule.

 

[mocha001]

finally the iron curtain is lifted just a little in California

 

[bushmaster1313]

finally the iron curtain is lifted just a little in California

Unless the make-up of the full Ninth Circuit Court of Appeals has changed, the full en banc Court will reverse the three judge Appeals Panel, reinstate the Ban and the Supreme Court will decline to hear the case

Also, until the Court of Appeals issues a Mandate making its decision final, I would not rush out and bring a greater than 10 round magazine into California.

 

[hogblue]

Interim ruling. Plaintiff will appeal to the full circuit where it will be reversed. Just the sad facts as I see’um.

 

[LVSteve]

Godzilla won't be coming because I remembered to feed him properly last time I was at the coast.

 

[HOUSTON RICK]

A step in the right direction.

 

[kscharlie]

District Court Judge Rober Benitez was the judge that initially ruled that banning "large capacity magazines" was unconstitutional based on the Second Amendment. If you have not read his entire ruling, here is a link to it. It is long, but man, this guy understands what it is all about. It is a fascinating read.
https://d3uwh8jpzww49g.cloudfront.net/sharedmedia/1510684/2064261_2019-03-29-order-granting-plaintiffs_-msj.pdf

The 3 judge panel of the 9th Circuit upheld Judge Benitez' ruling. However, it may not be over yet. The case could be appealed for an en banc review of the entire 9th Circuit, or it could be directly appealed to the U. S. Supreme Court, or it could be accepted by the California Attorney General and allowed to stand. We will have to wait and see what transpires.

In the meantime, this is good news.

 

[fiasconva]

We've got a foot in the door now. Let's just hope it continues and eventually involves the other states and their restrictions.

 

[woodsltc]

I think that President Trump's judiciary appointments are beginning to bear fruit......it wasn't but a few years ago that the 9th Circuit Court was a fruitcake of liberal judges.

Don

 

[kscharlie]

There have been other instances of a favorable 3-judge panel ruling from the 9th Circuit that have subsequently been overturned by the full circuit. If that happens in this case, I have hope that the U. S. Supreme Court will hear an appeal. The original District Court ruling by Judge Roger Benitez was, imo, brilliant.

If you have not read his opinion on the case, you can find it here:
https://d3uwh8jpzww49g.cloudfront.net/sharedmedia/1510684/2064261_2019-03-29-order-granting-plaintiffs_-msj.pdf

Well worth the read.

 

[DWalt]

Keep in mind that a district court's decisions apply only to that district. And it could well be appealed to the Supreme Court where it could be affirmed, overturned (or the SC could decide not to hear the case). There have been some more conservative judges appointed to the 9th District recently. For some time, the 9th was considered a solid liberal bastion, also I believe it had more decisions overturned on appeal by the Supremes than any other district court.

 

[somorris]

Good news for a change!

 

[ladder13]

Not even a mention in most of the media. As the old saying goes “elections have consequences”. Remember this.

 

[johngross]

 

[fordson]

Unless the make-up of the full Ninth Circuit Court of Appeals has changed, the full en banc Court will reverse the three judge Appeals Panel, reinstate the Ban and the Supreme Court will decline to hear the case

Also, until the Court of Appeals issues a Mandate making its decision final, I would not rush out and bring a greater than 10 round magazine into California.

So, practically speaking, we haven’t really gained anything as it will be appealed to the full court who will overrule the three judge
panel.
Sight.............

 

[Racer X]

I saw this morning a number of e-mails that various online stores were shipping to Cali. Now I know why. Hooray!

 

[llowry61]

Wow!

This circuit's composition has been slowly changing, with the current president working to level out the ideological composition.

Sent from my SAMSUNG-SM-G891A using Tapatalk

The importance of appointing federal judges is overlooked by many people. As long as they are in good standing, a federal judge may serve a life term. The 9th circuit has been flipped with 10 successful appointments by the current administration. These 10 appointees will impact the 9th circuit decisions for many years to come.