The 9th Circuit rules in our favor!

[7tenz]

Big victory in CA standard cap magazine ban

Not so fast. Benitez still has to lift the stay, well it gets complicated for my non-legalese self. But the 9th circuit came down in our favor today. Supposedly the CA DOJ and something en banc, it may be until the 28th before we can actually get to overwhelm the gun parts suppliers again like we did for one week last year. And if the DOJ is successful in their appeal then we are back to square one in the messed up way I understand it in a hurry.

 

[Golddollar]

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.

Did Diana Ross write the opinions?

 

[7tenz]

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

I don't believe they are shipping standard caps yet. Maybe taking orders? But I think there is going to be a disappointment when they get the message that the order will be on hold. We'll see...

 

[Old 44 Guy]

So true. Makes this old guy very happy.

 

[misswired]

I don't believe they are shipping standard caps yet. Maybe taking orders? But I think there is going to be a disappointment when they get the message that the order will be on hold. We'll see...

If in California, I’d be ordering!

 

[ladder13]

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

And hopefully gets a bunch more and right this ship.

Get out and vote!

 

[stansdds]

Although this is nice, it is not the end of the 9th Circus's decision regarding magazine capacity limits. This decision gets appealed to the full 9th Circus Court, there it is more likely to be upheld.

Regardless of the outcome, it will then go to the SCOTUS, where it will either be denied a hearing or, if heard, the current make up of the SCOTUS may put the final stamp of approval on magazine restrictions.

 

[7tenz]

If in California, I’d be ordering!

I'm seeing posts about cancellations already over in CalGuns.

 

[Puller]

Unfortunately, it's a drop in a bucket that has a hole in the bottom.

 

[Rastoff]

Keep in mind that a district court's decisions apply only to that district.

Indeed, but the 9th district covers these states/holdings:

Ninth Circuit Districts
1. Alaska
2. Arizona
3. Central District of California
4. Eastern District of California
5. Northern District of California
6. Southern District of California
7. Guam
8. Hawaii
9. Idaho
10. Montana
11. Nevada
12. Northern Mariana Islands
13. Oregon
14. Eastern District of Washington
15. Western District of Washington

 

[Walter Rego]

As a Californian I was all ready to exercise my rights again. I wanted a couple of hi cap mags for a CZ 75 Compact. None to be found.
So even if some retailers are willing to ship, finding inventory in this time of massive shortages in guns and ammo and accessories like spare magazines is another story.

 

[peter-paul]

As a Californian I was all ready to exercise my rights again. I wanted a couple of hi cap mags for a CZ 75 Compact. None to be found.
So even if some retailers are willing to ship, finding inventory in this time of massive shortages in guns and ammo and accessories like spare magazines is another story.

I sold my CZ-75 compact, and I may have another brand new factory magazine, never used.

I will need to locate it though. Please PM me if you're interested in it.

Sent from my SAMSUNG-SM-G891A using Tapatalk

 

[EdnAZ]

So....rarely do I partake in legal discussion on the internet, but I will put forth a few items to ponder.

I read where many speculate that the overturn of the "ban" will be appealed and reversed by the en banc Court. There is no right of appeal to the "en banc" Court, and an en banc appeal may be made by one of the parties or sua sponte by one of Appeals Court Judges (that heard the case). In order for the Court to grant an en banc hearing, a majority of the active, non-recused Judges must vote in favor of it.

En banc calls, including sua sponte en banc calls, are a common occurrence. In an average year in the Ninth Circuit, there are approximately 1,500 requests by parties for rehearing en banc. Typically, there are approximately fifty requests each year by a judge for a vote on whether to rehear the case en banc. On the average, the Ninth Circuit hears between 15-25 en banc cases a year.

Personally, in this case I would love for it be heard en banc. In the event our side loses, they we can get it before SCOTUS. The 9th opinion was solid and I'd love for there to be national ruling.

One can be assured that many (if not most) of the "gun control" legal advocates will weigh in and tell the Ca AG to let it stand. Its a very narrow ruling that only effects magazine capacity in (effectively) a few states. The danger with appealing it is a wide national ruling, which I believe that SCOTUS is ripe for. Personally, if I was on the gun control side, I'd lay low until I see whom Justices Ginsburg and Thomas are replaced by.

As a side note, the dissenting judge was only sitting by designation (filling in) and is from TEXAS. Shameful.

edited to add: In the 9th, there are 29 judges, but an en banc panel (normally) only consists of 11. So literally no one can predict what a 9th en banc panel might rule, simply because no one knows whom would be assigned to such an en banc panel. President Trump has appointed 10 of them.

 

[JDinAZ]

Lets hope that this Federal Court decision helps to get things on track in other courts pertaining to 2A issues.

 

[bushmaster1313]

California has 14 days to file a petition for an en banc hearing
Then the procedure at the court itself is very funky:

http://michellawyers.com/wp-content/uploads/2010/11/Ninth-Circuit-En-Banc-Procedure-Guide.pdf[/quote]

Petition for en banc hearing was filed by California on August 28, 2020

Attorney General Becerra Continues Defense of California’s Ban on Acquisition and Possession of Large-Capacity Magazines | State of California - Department of Justice - Office of the Attorney General

 

[DeplorabusUnum]

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

This one may be headed to our SCOTUS.

 

[bushmaster1313]

In official legal terms, the status of magazine restrictions in California is "A Mess."

Given the uncertainty, I would not want to do anything causing me to have to explain why a magazine holding over 10 rounds was not illegal.

Be careful out there.

 

[Doug M.]

I am not so sure that the odds of an "en banc" review are all that high, nor are the odds of a reversal all that high. The 9th Circuit (NOT District) is so big that not all the judges would be on such a panel. I can't recall the total # in the circuit, but only 11 would be on the panel. Given the change in the composition of the circuit in the last few years, the old experience of all favorable rulings being overturned by an en banc court is not near as likely.

The process will not be rapid, that's true. The outcome is not a sure thing. I read the majority opinion on Friday, and the opinion is similar to Judge Benitez opinion at the District Court, looking heavily at history and finding that the magazines are well established as lawful going back even to pre-Revolutionary times.

 

[ContinentalOp]

I'm not sure it'd make it to the Supreme Court if it gets appealed past the en banc panel. They've rejected a bunch of 2A cases recently, if I'm not mistaken. Not sure what would make this case any more likely, but I'll be the first to admit I'm no legal eagle.

Just my layman's opinion.

 

[CH4]

The original District Court ruling by Judge Roger Benitez was, imo, brilliant.

^^^^^^^^^^^^
This

I think there’s a good chance of SCOTUS granting cert if the 9th goes en banc again to overturn itself. Knowing that the AG may choose to back off instead of risking an unfavorable ruling by SCOTUS, thus upholding the Benitiz ruling which would incorporate all 50 states and DC.