US 9th Circuit Court of Appeals has a Fit of Reason

[biku324]

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

 

[Racer X]

Fantastic. When will we see normal capacity magazine bans start to crumble, not just struck down, and then immediately reversed.

 

[CH4]

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.

 

[Alk8944]

Are you aure? Doesn't sound like the 9th Circuit!

 

[ladder13]

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.

 

[Buford57]

I wondered what would happen next when I saw Satan buying ice skates.

 

[GaryS]

I have no doubt that will happen, however I also won't be surprised if it goes to SCOTUS.

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.

 

[CH4]

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.

 

[Erich]

I've said it before: the Second Amendment Foundation really gets results. If you haven't already, consider joining.


No wine club, though.

 

[Racer X]

anything on the docket for Supreme Court review on either AW or magazine bans?

 

[bushmaster1313]

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/datastore/opinions/2022/05/11/20-56174.pdf

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

Elections matter

 

[Racer X]

Judge Lee wrote that “we cannot jettison our constitutional rights, even if the goal behind a law is laudable."

I love that statement.

 

[dockmurgw]

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

 

[ladder13]

Decision here
https://cdn.ca9.uscourts.gov/datastore/opinions/2022/05/11/20-56174.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.

 

[gwpercle]

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 .
Gary

 

[ladder13]

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.

 

[OKFC05]

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.

 

[CH4]

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.

 

[6518John]

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.

 

[ladder13]

Me