GUNS/RLTD Ban on magazines with more than 10 rounds is UNCONSTITUTIONAL
- Thread starter jward
- Start date
night driver
ESFP adrift in INTJ sea
DAMN!!!
Someone in NYFS needs to run THIS up the flag pole RIGHT EFFIN NAOW!!!!
Someone in NYFS needs to run THIS up the flag pole RIGHT EFFIN NAOW!!!!
Cacheman
Ultra MAGA!
9th Circuit ends California ban on high-capacity magazines
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.
lasvegassun.com
0
9th Circuit ends California ban on high-capacity magazines
Published Friday, Aug. 14, 2020 | 10:26 a.m.
Updated 2 minutes ago
SACRAMENTO, Calif. (AP) — 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.”
He noted that California passed the law “in the wake of heart-wrenching and highly publicized mass shootings,” but said that isn't enough to justify a ban whose scope “is so sweeping that half of all magazines in America are now unlawful to own in California.”
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.
California Rifle & Pistol Association attorney Chuck Michel called it “a huge victory” for gun owners "and the right to choose to own a firearm to defend your family.”
The ruling has national implications because other states have similar restrictions, though it immediately applies only to Western states under the appeals court's jurisdiction.
It was a fractured decision: Two of the three judges voted to toss out the state’s ban, while the third judge dissented.
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.
Gun rights groups have been trying to get such cases before the nation’s high court now that it has a more conservative majority.
Friday’s decision upholds a 2017 ruling by San Diego-based U.S. District Judge Roger Benitez, who blocked a new law that would have barred gun owners from possessing magazines holding more than 10 bullets.
But he and the appeals court went further by declaring unconstitutional a state law that had prohibited buying or selling such magazines since 2000. That law had let those who had the magazines before then keep them, but barred new sales or imports.
Probably both.
The Communists in charge of Californicate cannot allow this to go unchallenged.
jward
passin' thru
John Basham
@JohnBasham
REPORT: In a stunning decision the 9th Circuit has ruled in (Duncan v Becerra) IN FAVOR OF GUN RIGHTS by affirmng that #California's ban on possession of high capacity magazines holding ten rounds or more violates the #2ndAmendment.
View attachment 214391
@JohnBasham
REPORT: In a stunning decision the 9th Circuit has ruled in (Duncan v Becerra) IN FAVOR OF GUN RIGHTS by affirmng that #California's ban on possession of high capacity magazines holding ten rounds or more violates the #2ndAmendment.
View attachment 214391
night driver
ESFP adrift in INTJ sea
That "Conflict" is the WHOLE IDEA!!
off to the Supremes!!
off to the Supremes!!
Con-tractor
The Mad in Genius
Unfortunately the stay against enforcement of the injunction continues until the mandate (the official instructions from the Court) issues. The mandate won’t issue until there has been a ruling on the all-but-certain motion for en banc rehearing. So no "freedom week" of full mags again
All Californians have to do is leave the state to buy their mags.
night driver
ESFP adrift in INTJ sea
NOT exactly.
Remember that this is a FEDERAL Court, covering a number of states.
This WILL go NORTH after the En Banc hearing.
Besides her dissenting opinion reasoning is faulty.
20Gauge
TB Fanatic
California has border checks for those coming from other states. In theory it is to check for veggies from out of state.... something that is verbotan! They also use it to check for other things..... such as ammo and guns...
20Gauge
TB Fanatic
This is a direct result of Trump being President!!!! Not tired of winning yet!!!
They can't search your car. They can only ASK if you have "contraband." If you say no, they have to let you proceed.
20Gauge
TB Fanatic
I have witnessed them searching more than one car over the years. They may not be "able" to, but that never stopped them from doing so.
They can only search if given permission.
Unfortunately the original argument leaves it wide open to be overturned, like how does this general ban and deprivation of the right of law abiding citizens from owning these to defend themselves and country will stop criminals from obtaining them? All the law does is denies the right of people that should have them.
Elza
Veteran Member
Really???????!!!!!!!!!
Trump has appointed 10 judges to the ninth circuit.
Bps1691
Veteran Member
Your 100% right on that.
The wheels to appeal this are in full tilt boogie...
The left will push this all the way up to the SCOTUS ...
... and with the turncoats (Roberts & Gorsuch) you never know if they'll rule based upon the constitution or make it up as they go along
But this is a great first step.
I don't think (yet) that Gorsuch is a turncoat. Roberts OTOH, definitely IS.
Tristan
Has No Life - Lives on TB
9th Circuit ends California ban on high-capacity magazines
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.
0
9th Circuit ends California ban on high-capacity magazines
Published Friday, Aug. 14, 2020 | 10:26 a.m.
Updated 2 minutes ago
SACRAMENTO, Calif. (AP) — 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.”
He noted that California passed the law “in the wake of heart-wrenching and highly publicized mass shootings,” but said that isn't enough to justify a ban whose scope “is so sweeping that half of all magazines in America are now unlawful to own in California.”
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.
California Rifle & Pistol Association attorney Chuck Michel called it “a huge victory” for gun owners "and the right to choose to own a firearm to defend your family.”
The ruling has national implications because other states have similar restrictions, though it immediately applies only to Western states under the appeals court's jurisdiction.
It was a fractured decision: Two of the three judges voted to toss out the state’s ban, while the third judge dissented.
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.
Gun rights groups have been trying to get such cases before the nation’s high court now that it has a more conservative majority.
Friday’s decision upholds a 2017 ruling by San Diego-based U.S. District Judge Roger Benitez, who blocked a new law that would have barred gun owners from possessing magazines holding more than 10 bullets.
But he and the appeals court went further by declaring unconstitutional a state law that had prohibited buying or selling such magazines since 2000. That law had let those who had the magazines before then keep them, but barred new sales or imports.
Buy 'em now, ya'll!
Though not trying to get mags, I was on the PSA website to order something, and after reviewing my order and clicking CONTINUE, nothing happened.
Jackpine Savage
Veteran Member
I just got an
Probably because PSA just put this up on their Faceborg page:
Probably because PSA just put this up on their Faceborg page:
kittyluvr
Veteran Member
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we can now count on floperts, goresucks and caveagain to bend with the marxists and find a pretzel to limit citizens to single shot .22 and 20 gauge single shot shotguns like nice soviet peasants, we are saddled with scuzbuckets as usual, expect this to be appealed to a welcoming cabal of marxists at the scotus
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biere
Veteran Member
Brownells site basically got to where people could not use it earlier today when this broke. Many places selling to cali again and many mags going out of stock.
ar15 mags are something that stores got by the thousands. But if you have something that uses less common mags then I would get em if you want em. Even glock mags have crept up in price and gone out of stock in some places.
I never checked psa on the used fal mags they got in, someone said those are now all gone.
ar15 mags are something that stores got by the thousands. But if you have something that uses less common mags then I would get em if you want em. Even glock mags have crept up in price and gone out of stock in some places.
I never checked psa on the used fal mags they got in, someone said those are now all gone.
What ban on rifle magazines.
Anyone know where I can find a belt fed magazine.