2aHawaii
General Topics => General Discussion => Topic started by: CyberNinja808 on August 14, 2020, 11:42:52 AM
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A three-judge panel of the 9th U.S. Circuit Court of Appeals on Friday threw out California’s ban on high-capacity ammunition magazines, saying the law violates the U.S. Constitution’s protection of the right to bear firearms.
“Even well-intentioned laws must pass constitutional muster,” Appellate Judge Kenneth Lee wrote for the panel’s majority. California’s ban on magazines holding more than 10 bullets “strikes at the core of the Second Amendment — the right to armed self-defense.”
California Attorney General Xavier Becerra did not immediately say if he would ask the full appellate court to reconsider the ruling by the three judges, or if he would appeal to the U.S. Supreme Court.
He also did not immediately say if the state would seek a delay of the ruling to prevent an immediate buying spree. Sales are currently on hold based on a stay by the lower court and cannot immediately resume.
U.S. District Court Judge Barbara Lynn of Texas, who had been named the third judge on the appellate panel, said the majority’s ruling conflicts with decisions in six other district courts across the nation.
https://sanfrancisco.cbslocal.com/2020/08/14/9th-circuit-court-panel-ends-california-ban-high-capacity-magazines-guns/?fbclid=IwAR1cSOdRLsJCqkyxdeLY8YXvjVC2vTz3L3LXzcjRPFxcG4sVQNn_vTM6tEo
Another win for the 2A community!!! :thumbsup:
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Just saw that. Article below says it potentially impacts current restrictions in Western States because of Court's jurisdiction. Does that impact Hawaii?
https://www.foxnews.com/politics/federal-appeals-court-californias-ban-2nd-amendment.amp
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The a$$ in CA will request an en Banc.
They are afraid of what the supreme court will rule.
They want to slow it all down in the hopes that a
Communist will be nominating SCOTUS judges
soon.
Problem all the Democrats have is that
we Americans can buy anything,
anytime and historically
none of their laws have stopped it.
Look at this
https://www.thoughtco.com/gun-owners-percentage-of-state-populations-3325153
Pass that "registered gun to buy ammo" law and I may buy a very big sailboat.
My last one was 45 foot long, Next one might be 65 feet.
https://www.youtube.com/watch?v=8m7fdNE74pE
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Regardless, this is definitely a big win!
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Look at this
https://www.thoughtco.com/gun-owners-percentage-of-state-populations-3325153
# of guns registered in Hawaii 8,665 :rofl: :rofl: :rofl:
Pass that "registered gun to buy ammo" law and I may buy a very big sailboat.
My last one was 45 foot long, Next one might be 65 feet.
Why would you buy such a big boat just to have it "sink" with all of your ammo and guns ? ::)
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Why would you buy such a big boat just to have it "sink" with all of your ammo and guns ? ::)
He probably has to get it past the CG without a suspiciously high waterline.
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Why would you buy such a big boat just to have it "sink" with all of your ammo and guns ? ::)
he's got to sail it allaway to the Marianas Trench.
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Just saw that. Article below says it potentially impacts current restrictions in Western States because of Court's jurisdiction. Does that impact Hawaii?
https://www.foxnews.com/politics/federal-appeals-court-californias-ban-2nd-amendment.amp
Hawaii is part of the 9th Circuit.
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Why would you buy such a big boat just to have it "sink" with all of your ammo and guns ? ::)
I would go into the "import business" in style!
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Hawaii is part of the 9th Circuit.
so if Hawaii is part of the 9th Circuit Court then will this affect us or is it only restricted to California?
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so if Hawaii is part of the 9th Circuit Court then will this affect us or is it only restricted to California?
Keep your lawyer on speed dial.
Union cops aren't too bright.
And their Democrat bosses are even more
stupid.
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so if Hawaii is part of the 9th Circuit Court then will this affect us or is it only restricted to California?
A "precedent" is not an automatic challenge to state laws.
It can, however, become the basis for a lawsuit or defense case. So, if you get caught with an "illegal" magazine, your defense could hinge on the law being unconstitutional, which the precedent might support.
Not a guaranteed defense, but it could sway a judge into dismissing the charge out of fear a conviction would be overturned on appeal, thereby placing the state law in the spotlight. Same thing CA is trying to avoid since they are not confident state mag limit laws would survive a SCOTUS ruling.
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so if Hawaii is part of the 9th Circuit Court then will this affect us or is it only restricted to California?
As with most legal things the answer is "it depends".
If something is ruled unconstitutional by a circuit court then every state that falls within that court is then covered by that ruling. So in that sense it does apply to us too. However what also matters are the specifics of the law in question. What exactly does the California law say and what exactly did the court say in their opinion. This matters because sometimes courts will rule on a technicality instead of the overall objective of the law. So you would need to weigh the california law with the ruling against the language of Hawaii's law.
Then after all of that, as Flapp pointed out, if at a state level they are not complying then you still need to end up fighting it in court in which case you better make sure you have all your ducks in a row and can argue how you are protected by the 9th circuit ruling.
However is is all assuming that California doesn't request a hearing of all the judges in which case the case will be reheard and could be decided the opposite way. And (usually) as long as a case is being appealed, we don't get to go out and start buying hi capacity magainzes yet.
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Interesting observation:
https://www.thetruthaboutguns.com/why-the-duncan-v-becerra-defeat-is-far-more-important-than-just-magazines/
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As with most legal things the answer is "it depends".
If something is ruled unconstitutional by a circuit court then every state that falls within that court is then covered by that ruling. So in that sense it does apply to us too. However what also matters are the specifics of the law in question. What exactly does the California law say and what exactly did the court say in their opinion. This matters because sometimes courts will rule on a technicality instead of the overall objective of the law. So you would need to weigh the california law with the ruling against the language of Hawaii's law.
Then after all of that, as Flapp pointed out, if at a state level they are not complying then you still need to end up fighting it in court in which case you better make sure you have all your ducks in a row and can argue how you are protected by the 9th circuit ruling.
However is is all assuming that California doesn't request a hearing of all the judges in which case the case will be reheard and could be decided the opposite way. And (usually) as long as a case is being appealed, we don't get to go out and start buying hi capacity magainzes yet.
Ninth Circuit en banc panels do NOT include "all the judges". They include the chief judge and 10 randomly drawn judges from the current judges and any active senior judges that may have been party to the original three judge panel ruling. Plus, the mandate has not been issued yet.
Charles, please correct my comment if necessary.
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Ninth Circuit en banc panels do NOT include "all the judges". They include the chief judge and 10 randomly drawn judges from the current judges and any active senior judges that may have been party to the original three judge panel ruling. Plus, the mandate has not been issued yet.
Charles, please correct my comment if necessary.
My mistake, I thought the large panel represented all the judges. Learn something new every day. :thumbsup:
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It's starting. A lawsuit has been filed by the Hawaii Firearms Coalition on Wednesday challenging the magazine ban. They have the same attorney (Alan Beck) who is representing Young v. Hawaii in the concealed carry permit challenge. https://hifico.org/
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It's starting. A lawsuit has been filed by the Hawaii Firearms Coalition on Wednesday challenging the magazine ban. They have the same attorney (Alan Beck) who is representing Young v. Hawaii in the concealed carry permit challenge. https://hifico.org/
Any updates?
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Any updates?
This lawsuit won't have any substantial updates until Duncan vs Beerra is decided. Waiting to see if that case will go en banc If so then it'll be at least another year to get the decision.
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It's starting. A lawsuit has been filed by the Hawaii Firearms Coalition on Wednesday challenging the magazine ban. They have the same attorney (Alan Beck) who is representing Young v. Hawaii in the concealed carry permit challenge. https://hifico.org/
Young isn't challenging the concealed carry permit process. That question has already been decided by Peruta: there is no Constitutionally-protected right to concealed carry (as per Heller and McDonald). All that is left is open carry. Just sayin'. Unfortunately Young doesn't include long guns. But Mr. Nichols' case does.