AR15 Ban Overturned in CA

[GaryS]

A federal judge has ruled that the state's ban on AR15s is unconstitutional.

For those who want to read the entire opinion.

https://storage.courtlistener.com/recap/gov.uscourts.casd.642089/gov.uscourts.casd.642089.115.0.pdf

Pages 1 and 93/94 have "the good stuff."

It's a step, but just the first one.

 

[SMSgt]

I see little chance of this standing, but I hope I am wrong.

"However, while the Court is mindful that government has a legitimate interest in protecting the public from gun violence,..."

Gun Violence. Even the judges do not understand guns aren't violent.

 

[Gunhacker]

Unfortunately along with the ruling, a temporary stay for 30 days was also issued, where CA DOJ has 30 days to appeal the ruling. If they do, the stay remains in effect while this works it's way through the courts.

If by some miracle, the CA DOJ does not file an appeal within 30 days, then the stay expires and the ruling stands, and CA's AR-15 assault weapon laws are gone.

No too difficult to predict which direction the CA DOJ will go.

 

[schutz5]

It will be appealed by tomorrow!
Tyrants never sleep.

 

[robertrwalsh]

The ball has to start rolling somewhere. With luck, this will be the place.

 

[ladder13]

Being the positive person that I am, I welcome the ruling.

I have no space for negativity in my life.

 

[oneeyedpete]

I see little chance of this standing, but I hope I am wrong.

"However, while the Court is mindful that government has a legitimate interest in protecting the public from gun violence,..."

Gun Violence. Even the judges do not understand guns aren't violent.

Respectfully, I think you are wrong. Judge Benitez was the Judge that overturned California's magazine capacity law and his decision was so well reasoned that the 9th Circuit had to affirm his decision on appeal even though it is by far the most left wing leaning of all federal circuit courts. If anything this decision is even more well reasoned and goes into a lot of actual facts that are undeniable. This judge knows his facts and his guns and his reasoning is compelling. I hope California's attorney general appeals this decision because he will lose on the facts just like he did on the magazine issue. Better yet, let him take it all the way to the Supreme Court where it will become the law of the land!

 

[stansdds]

I'd like to think this will go well for the people of California, but history repeats its mistakes.

 

[ladder13]

Respectfully, I think you are wrong. Judge Benitez was the Judge that overturned California's magazine capacity law and his decision was so well reasoned that the 9th Circuit had to affirm his decision on appeal even though it is by far the most left wing leaning of all federal circuit courts. If anything this decision is even more well reasoned and goes into a lot of actual facts that are undeniable. This judge knows his facts and his guns and his reasoning is compelling. I hope California's attorney general appeals this decision because he will lose on the facts just like he did on the magazine issue. Better yet, let him take it all the way to the Supreme Court where it will become the law of the land!

Well reasoned post.

 

[Llance]

"Instead, the State’s litigation stance is more like the view recently expressed by a police chief in Oakland, California: "we do not want victims to arm themselves; we want them to be good witnesses." 18. "Of course, a dead victim is a lousy witness." emphasis mine.

No truer words.

Llance

 

[Johnrh]

I'd like to think this will go well for the people of California, but history repeats its mistakes.

This is way bigger than CA. It will affect all 50 states.

 

[NYlakesider]

Respectfully, I think you are wrong. Judge Benitez was the Judge that overturned California's magazine capacity law and his decision was so well reasoned that the 9th Circuit had to affirm his decision on appeal even though it is by far the most left wing leaning of all federal circuit courts. If anything this decision is even more well reasoned and goes into a lot of actual facts that are undeniable. This judge knows his facts and his guns and his reasoning is compelling. I hope California's attorney general appeals this decision because he will lose on the facts just like he did on the magazine issue. Better yet, let him take it all the way to the Supreme Court where it will become the law of the land!

Very good post, thanks. The snake in the wood pile is IF the SCOTUS will hear this. They only seem to take the cases they want to work with!

 

[oneeyedpete]

Very good post, thanks. The snake in the wood pile is IF the SCOTUS will hear this. They only seem to take the cases they want to work with!

Yes, unfortunately, this is how the court system works. The USSC has absolute discretion in what cases it certifies for review. In this case there would be very good cause for review as there is conflict amongst the various circuits, as noted in Judge Benitez's decision. In fact, I think he emphasized the differing standards in his decision to assure the USSC would agree to review the case if it were to come up for review. He is a shrewd cookie!

 

[SMSgt]

Respectfully, I think you are wrong. Judge Benitez was the Judge that overturned California's magazine capacity law and his decision was so well reasoned that the 9th Circuit had to affirm his decision on appeal even though it is by far the most left wing leaning of all federal circuit courts. If anything this decision is even more well reasoned and goes into a lot of actual facts that are undeniable. This judge knows his facts and his guns and his reasoning is compelling. I hope California's attorney general appeals this decision because he will lose on the facts just like he did on the magazine issue. Better yet, let him take it all the way to the Supreme Court where it will become the law of the land!

I hope I am wrong also, as stated, but my faith in the courts, in these highly political times, is tenuous at best.

 

[Racer X]

If it is appealed, what is the next court up the ladder?

 

[GaryS]

The media likes victims, especially dead ones. That way the can blame anonymous "gun violence" for the deaths, not actual people.

When a good guy kills a bad guy in self defense, the media isn't interested unless they can find some hidden flaw in the good guy's background.

For some reason the media likes to dredge up old traffic violations to show that the good guy was irresponsible and shouldn't have had a gun.

"Instead, the State’s litigation stance is more like the view recently expressed by a police chief in Oakland, California: "we do not want victims to arm themselves; we want them to be good witnesses." 18. "Of course, a dead victim is a lousy witness." emphasis mine.

No truer words.

Llance

 

[GaryS]

The Ninth Circuit Court of Appeals. Which will take somewhere between 1-3 years to adjudicate the case. Since that's the most liberal circuit in the federal system, there is a good chance that they will overturn the lower court decision.

After that either side can appeal for a rehearing by a larger panel of judges.

After that, it's an appeal to the Supreme Court.

I'm guessimating that it will be five years before this case is finally put to rest.

If it is appealed, what is the next court up the ladder?

 

[ISCS Yoda]

It is correct that the CA AG will appeal because that's what they do and it is correct that it will take some time for the 9th Circuit to rule on this. However, using the proverbial camel's nose under the tent example, this is a major step forward for gun rights in America. We don't know for a fact that the 9th Circuit won't affirm the decision, anyway - it is possible. Regardless, one side or the other will take it to the SCOTUS so it might be awhile but I think we're headed to a showdown in the courts that will be positive for the shooting community in the end.

So, now, where did I put my prayer wheel, anyway..........

 

[nicky4968]

Of course, the good people of California might come to their senses and repeal some laws instead of waiting for a judicial decision.

 

[Gunhacker]

The Ninth Circuit Court of Appeals. Which will take somewhere between 1-3 years to adjudicate the case. Since that's the most liberal circuit in the federal system, there is a good chance that they will overturn the lower court decision.

After that either side can appeal for a rehearing by a larger panel of judges.

After that, it's an appeal to the Supreme Court.

I'm guessimating that it will be five years before this case is finally put to rest.

I do not think that the 9th Circuit Court make up is as liberal as it once was, due to the appointments that Trump has made.

I'm hopeful that the appeal outcome will be positive for us.

Donald Trump reshapes 9th Circuit with conservative appointments - Washington Times