fishweewee

9th Circus Strike Down Cali Magazine Ban

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Posted (edited) · Report post

So I'm told.  :point::beers:

 

Duncan v Becerra

 

Strict scrutiny applied.

 

https://dl.airtable.com/.attachments/6d809a9cc6fddb883f29559e63a83234/94d604dc/DuncanvBecerraOpinion.pdf

 

The panel affirmed the district court’s summary judgment in favor of plaintiffs challenging California Government Code § 31310, which bans possession of largecapacity magazines (“LCMs”) that hold more than ten rounds of ammunition; and held that the ban violated the Second Amendment

Edited by fishweewee

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3 mins ago, bassackward said:

Awesome. But how many appeals and injunction options are available to them to stop this?

Goes to the Supreme Court if somebody wants to pursue it.

 

9th Circus covers

 

District of Alaska
District of Arizona
Central District of California
Eastern District of California
Northern District of California
Southern District of California

District of Hawaii
District of Idaho
District of Montana
District of Nevada
District of Oregon
Eastern District of Washington
Western District of Washington


It also has appellate jurisdiction over the following territorial courts:

District of Guam
District of the Northern Mariana Islands

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14 mins ago, fishweewee said:

Goes to the Supreme Court if somebody wants to pursue it.

 

9th Circus covers

 

District of Alaska
District of Arizona
Central District of California
Eastern District of California
Northern District of California
Southern District of California

District of Hawaii
District of Idaho
District of Montana
District of Nevada
District of Oregon
Eastern District of Washington
Western District of Washington


It also has appellate jurisdiction over the following territorial courts:

District of Guam
District of the Northern Mariana Islands

Wonder if they’d actually hear this one, if it was brought before them. Can’t imagine someone in Cali won’t want to pursue it, though Antis in other jurisdictions may try to convince them to take the loss and ****. Should be interesting. 

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7 mins ago, Surf Hunter said:

Mississippi Auto Arms already emailed me and told me to buy.  :D 

Time to order a 100 round drum.

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Posted (edited) · Report post

1 hour ago, fishweewee said:

So I'm told.  :point::beers:

 

Duncan v Becerra

 

Strict scrutiny applied.

 

https://dl.airtable.com/.attachments/6d809a9cc6fddb883f29559e63a83234/94d604dc/DuncanvBecerraOpinion.pdf

 

The panel affirmed the district court’s summary judgment in favor of plaintiffs challenging California Government Code § 31310, which bans possession of largecapacity magazines (“LCMs”) that hold more than ten rounds of ammunition; and held that the ban violated the Second Amendment

This was just a 3-judge panel? 

 

Will CA seek an en banc decision? 

 

ETA: But if this stands and gets to the SC, the Justices will be faced with having to decide if they want to opine on this for strict scrutiny and original intent vs loose scrutiny and the supremacy of "the public good".  

 

And if they were to let this decision stand, and affirm strict scrutiny, then how is that not able to be extended beyond magazines to MSRs? 

Edited by flyangler

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