CA Magazine ban overturned

[GaryS]

Someone on another forum commented about this, and mentioned that as of Saturday, Midway and Brownell's are accepting orders for standard capacity magazines for delivery in CA.

I haven't verified that, but I'm sure someone can.

CA might be under pressure not to appeal this, at least beyond the 9th Circuit. Other states with crippled magazine laws would not like the outcome if this is upheld.

IIRC, this only applies to the particular federal district in which the deciding judge sits. It won't even extend to the complete 9th Circuit.

Considering that the 9th allowed the stay of enforcement pending the litigation, it is not utterly certain that it will be reversed. That said, we should all plan on donating to the litigation as it will be expensive and likely to reach SCOTUS either way.

 

[KAC]

Botach in Nevada is accepting orders from CA residents for standard capacity magazines.

 

[dockmurgw]

Certainly good news. Gun Owners of Vermont is currently in court attempting to get the magazine bans enacted here last year thrown out...I hope this decision helps our case here.

 

[Muss Muggins]

IIRC, this only applies to the particular federal district in which the deciding judge sits. It won't even extend to the complete 9th Circuit.

It is law in the 9th Circuit, but the opinion may be written so narrowly that only applies specifically to the state law in question, and can't be extrapolated out to other states. It certainly applies throughout California, since the case challenged a state law. Were it only to apply to a specific judicial district, which is rare, it would be the district from which the original case arose . . .

 

[cmj8591]

The Supreme Court reverses most of the cases it actually hears from every Circuit . . .

I don't think the Supreme Court grants cert unless they are tending to overturn something. Which makes sense when you think about it. Why hear a case if you are going to agree with it? Just let it stand.

 

[cmj8591]

Someone on another forum commented about this, and mentioned that as of Saturday, Midway and Brownell's are accepting orders for standard capacity magazines for delivery in CA.

I haven't verified that, but I'm sure someone can.

Just got an E mail from Gun Mag Warehouse. It was a big flier announcing that they were shipping mags to Ca. Buy them up while you can!

 

[Muss Muggins]

I don't think the Supreme Court grants cert unless they are tending to overturn something. Which makes sense when you think about it. Why hear a case if you are going to agree with it? Just let it stand.

Well, one of the primary reasons for granting cert is to resolve a Circuit split, so this issue may be ripe for those in other magazine limited Circuits to mount a challenge . . .

 

[GaryS]

That's if the 9th Circuit agrees to hear the case. They don't even have to do that. If they don't then the state will have to appeal to SCOTUS to overturn that decision.

In regards to granting cert. There is no evidence that SCOTUS will grant cert based on what they may or may not decide in a particular case.

Sometimes the Court will explain why they didn't grant cert, but other times they just deny the petition without comment.

Well, one of the primary reasons for granting cert is to resolve a Circuit split, so this issue may be ripe for those in other magazine limited Circuits to mount a challenge . . .

 

[Muss Muggins]

That's if the 9th Circuit agrees to hear the case. They don't even have to do that. If they don't then the state will have to appeal to SCOTUS to overturn that decision.

Agreed. I’m just thinking out loud that if other magazine challenged states see what happened here, the forward thinking gun rights advocates might mount a challenge just to get it denied in order to start the process to create a Circuit split . . .

 

[yaktamer]

That's if the 9th Circuit agrees to hear the case. They don't even have to do that.

This is incorrect. Unlike the Supreme Court, in which review is discretionary, the circuit courts generally can't deny review.

 

[bushmaster1313]

This is incorrect. Unlike the Supreme Court, in which review is discretionary, the circuit courts generally can't deny review.

^^^Affirmative

The Ninth Circuit will do something, but it might not be a decision on the merits. For example,because the District Court decided the case on summary judgment, the Ninth Circuit could hold that summary judgment was improper as a matter of law, vacate the District Court's summary judgment on that basis, and remand back to the District Court to make a new decision after developing a full evidentiary record

 

[Muss Muggins]

That Per Curiam fella' writes a lot of those opinions . . .

The Ninth Circuit will do something, but it might not be a decision on the merits. For example,because the District Court decided the case on summary judgment, the Ninth Circuit could hold that summary judgment was improper as a matter of law, vacate the District Court's summary judgment on that basis, and remand back to the District Court to make a new decision after developing a full evidentiary record

 

[RedRiver]

I must admit that before reading the language quoted above I was on the fence as to whether the 2A protects magazines that hold more than 10 rounds. But the language from Heller is clear, if the weapon is not unusual it cannot be banned.

One takeaway is that every supporter of the 2A should consider it a personal civic duty to lawfully possess a semiautomatic rifle capable of accepting a removable magazine, thereby helping to ensure that such arms will be considered usual and in common use for lawful purposes.

Thank you, one step closer to a 308 semi for me.