Probably both.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.
NOT exactly.They'll probably appeal at the state level if the ban remains within the state. However, if this ruling starts spreading to other communist states, then an appeal to the Supreme Court is likely, especially in view of Ginsburg's health situation.
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...All Californians have to do is leave the state to buy their mags.
This is a direct result of Trump being President!!!! Not tired of winning yet!!!Is sanity returning to the 9th Circuit??
They can't search your car. They can only ASK if you have "contraband." If you say no, they have to let you proceed.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...
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't search your car. They can only ASK if you have "contraband." If you say no, they have to let you proceed.
Really???????!!!!!!!!!Gun rights groups have been trying to get such cases before the nation’s high court now that it has a more conservative majority.
Your 100% right on that.Probably both.
The Communists in charge of Californicate cannot allow this to go unchallenged.
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
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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.
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.
The Ninth Circuit Federal Court of Appeals issued a much-anticipated opinion on August 14 finding the large capacity magazine ban is unconstitutional. Palmetto State Armory applauds the court’s ruling and is proud to have provided an affidavit in support of the challenge to the illegal ban.
Due to the opinion, PSA will accept orders from California for large capacity magazines. If your order is accepted the inventory is held in reserve for you. We cannot ship any of those orders until the opinion becomes final. If the decision is not final in the next 30 days, you will have the option to cancel the order or hold the reservation.
As the court said, “California’s near-categorical ban of LCMs infringes on the fundamental right to self-defense…. t substantially burdens the core right of self-defense guaranteed to the people under the Second Amendment. It cannot stand.”
“This decision is a victory for the Second Amendment and a reason Palmetto State Armory supports the Second Amendment Defense Fund,” said PSA owner Jamin McCallum. “Protecting our freedoms and defending our constitutional liberties are PSA’s founding principles.”
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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 scotusYour 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.
What ban on rifle magazines.