Liberal 9th Circuit surprises with pro-2nd decision - Blocking CA ban (Read 4177 times)

drck1000

Quote
Second Amendment activists were given a surprise boost this week when the liberal Ninth Circuit Court of Appeals backed a lower court’s decision to suspend California’s ban on the possession of large magazines.

Activists, supported by the National Rifle Association, have argued that the state's ban on ownership of magazines holding 10 bullets or more is unconstitutional. They won a preliminary injunction by a San Diego district court last year, and a three-judge panel on the Ninth Circuit backed that injunction Tuesday.

The court found that the district court did not abuse its discretion in granting the injunction or by concluding that magazines fall within the scope of the Second Amendment.

http://www.foxnews.com/politics/2018/07/20/liberal-9th-circuit-surprises-with-pro-2nd-amendment-decision-blocking-california-ammo-ban.html

Will certainly keep an eye on this one.

6716J

So does this now mean the Hawaii ban on standard capacity magazines is dead? We really need to get rid of these reduced capacity magazines and allow the people to have what is standardized across the country

It's like going to the store and being told you can only have 6 egg containers, even though 12 egg containers are standard. You can even buy eggs in standard 12 egg containers, but must be modified to carry no more than 6 eggs at a time.
I'd rather have a bottle in front of me, than a frontal lobotomy.

Flapp_Jackson

So does this now mean the Hawaii ban on standard capacity magazines is dead? We really need to get rid of these reduced capacity magazines and allow the people to have what is standardized across the country

It's like going to the store and being told you can only have 6 egg containers, even though 12 egg containers are standard. You can even buy eggs in standard 12 egg containers, but must be modified to carry no more than 6 eggs at a time.

Nope.  The 9th Circuit Court merely blocked the new CA law from taking effect until after the upcoming trial challenging the law.

Stay tuned. The actual trial could help HI if the ban is deemed unconstitutional.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

drck1000

So does this now mean the Hawaii ban on standard capacity magazines is dead? We really need to get rid of these reduced capacity magazines and allow the people to have what is standardized across the country

It's like going to the store and being told you can only have 6 egg containers, even though 12 egg containers are standard. You can even buy eggs in standard 12 egg containers, but must be modified to carry no more than 6 eggs at a time.

No, or at least not yet.  Not holding my breath, but at least some hope.  I've been reading speculation that this decision (I think 2-1) eventually won't stand (or be upheld, or whatever).  And even more deeper that this is a ploy by the left for an end-around somehow.  Even speculation on trying to mobilize support for liberals the upcoming elections to "fight the NRA".  While I don't know about all of that, I wouldn't doubt if there were some truth.  For now, I'll take it as a step in the right direction in terms of 2a and hope more cases end up reaching SCOTUS with hopefully a makeup that is more 2a friendly.  Again, not holding my breath, but sign of hope. 

Nope.  The 9th Circuit Court merely blocked the new CA law from taking effect until after the upcoming trial challenging the law.

Stay tuned. The actual trial could help HI if the ban is deemed unconstitutional.

Yeah, more of a stay tuned update as opposed to something substantive.  But I do see potential to change things in HI. 

macsak

No, or at least not yet.  Not holding my breath, but at least some hope.  I've been reading speculation that this decision (I think 2-1) eventually won't stand (or be upheld, or whatever).  And even more deeper that this is a ploy by the left for an end-around somehow.  Even speculation on trying to mobilize support for liberals the upcoming elections to "fight the NRA".  While I don't know about all of that, I wouldn't doubt if there were some truth.  For now, I'll take it as a step in the right direction in terms of 2a and hope more cases end up reaching SCOTUS with hopefully a makeup that is more 2a friendly.  Again, not holding my breath, but sign of hope. 

Yeah, more of a stay tuned update as opposed to something substantive.  But I do see potential to change things in HI.

it's basically luck of the draw with a 3 judge panel

baker and peruta won 2-1, but were overturned when the whole 9th circuit panel geard the case

zippz

This is a tough one to get through.  Its still at district court so it'll be a few years to make it through the court system.

The bright side is trump will make more 9th/Scotus appointees so it'll have a better chance then.

drck1000

it's basically luck of the draw with a 3 judge panel

baker and peruta won 2-1, but were overturned when the whole 9th circuit panel geard the case
???

 :rofl:

macsak

???

 :rofl:


are you the spelling police now?
 >:D

heads

drck1000


are you the spelling police now?
 >:D

heads
Nope. Just keeping ya honest. . .  :P

macsak

Nope. Just keeping ya honest. . .  :P

sorry

no focus

drck1000

6716J

Re: Liberal 9th Circuit surprises with pro-2nd decision - Blocking CA ban
« Reply #11 on: July 24, 2018, 12:17:35 PM »
Wow

2 decisions in a week in favor of the 2nd.... whoda thunk
I'd rather have a bottle in front of me, than a frontal lobotomy.