BREAKING: Duncan v Becerra (9th Circuit): 9th Circuit rules that the ban on possession of magazines

[Fishrrman]

http://looserounds.com/2020/08/14/breaking-duncan-v-becerra-9th-circuit-9th-circuit-rules-that-the-ban-on-possession-of-magazines-that-hold-more-than-ten-rounds-of-ammunition-violates-the-2nd-amendment/

BREAKING: Duncan v Becerra (9th Circuit): 9th Circuit rules that the ban on possession of magazines that hold more than ten rounds of ammunition violates the 2nd Amendment.

2 DUNCAN V.BECERRABefore: Consuelo M. Callahan and Kenneth K. Lee, Circuit Judges, and Barbara M. G. Lynn,* District Judge.Opinion by Judge Lee; Dissent by Judge Lynn SUMMARY**Second AmendmentThe panel affirmed the district court’s summary judgment in favor of plaintiffs challenging California Government Code § 31310, which bans possession of large-capacity magazines (“LCMs”) that hold more than ten rounds of ammunition; and held that the ban violated the Second Amendment.The Ninth Circuit employs a two-prong inquiry to determine whether firearm regulations violate the Second Amendment: (1) whether the law burdens conduct protected by the Second Amendment; and (2) if so, what level of scrutiny to apply to the regulation. United states v. Chovan, 735 F.3d 1127, 1136 (9th Cir. 2013)The panel held that under the first prong of the test, Cal. Penal Code § 32310 burdened protected conduct.

More at URL above...

[Fishrrman]

A step in the right direction, from the 9th Circuit, of all places...

[truth_seeker]

A step in the right direction, from the 9th Circuit, of all places...

Has the composition of that body, been change under Trump?

[Free Vulcan]

Has the composition of that body, been change under Trump?

It has, a lot, but I'm not sure there is a conservative majority in the full court yet.

[rustynail]

Two out of three judges and the case will go to the full court next.  Where many are saying the case will be

reversed and if it gets to the Supreme Court,  Roberts....

[PeteS in CA]

Federal appeals court strikes down California's ban on high-capacity magazines, says restrictions violate 2nd Amendment

https://www.foxnews.com/politics/federal-appeals-court-californias-ban-2nd-amendment

The Ninth Circuit Court of Appeals on Friday struck down California’s ban on high-capacity magazines on the basis that its restrictions violate the Second Amendment -- noting that it would criminalize half the magazines in the U.S.

The state’s law bans possession of large-capacity magazines (LCMs) that hold more than 10 rounds. The court’s three-judge panel said that while the law has a “laudable goal of reducing gun violence,” it must also comply with the Constitution.

“California’s near-categorical ban of LCMs infringes on the fundamental right to self-defense. It criminalizes the possession of half of all magazines in America today,” the majority in the 2-1 ruling stated.

“It makes unlawful magazines that are commonly used in handguns by law abiding citizens for self-defense. And it substantially burdens the core right of self-defense guaranteed to the people under the Second Amendment,” Judge Kenneth Lee wrote in the majority opinion. “It cannot stand.”

The decision can be seen here, https://michellawyers.com/wp-content/uploads/2020/08/2020-08-14-Opinion.pdf . An appeal for en banc review is guaranteed. If the full panel overturns the decision it definitely will be appealed to the USSC. OTOH, if the full panel uphold the decision or declines review, Becerra faces a risk in appealing to the USSC. If he lets his defeat stand, the decision is only binding in the 9th Circuit (though it will have influence in other circuits); if he appeals and loses there, the decision would be binding in the whole US.

[Cyber Liberty]

Federal appeals court strikes down California's ban on high-capacity magazines, says restrictions violate 2nd Amendment

https://www.foxnews.com/politics/federal-appeals-court-californias-ban-2nd-amendment

The decision can be seen here, https://michellawyers.com/wp-content/uploads/2020/08/2020-08-14-Opinion.pdf . An appeal for en banc review is guaranteed. If the full panel overturns the decision it definitely will be appealed to the USSC. OTOH, if the full panel uphold the decision or declines review, Becerra faces a risk in appealing to the USSC. If he lets his defeat stand, the decision is only binding in the 9th Circuit (though it will have influence in other circuits); if he appeals and loses there, the decision would be binding in the whole US.

Since when has Becerra given a rat's ass about anything but himself?  He'll push this to the bitter end.

[PeteS in CA]

Since when has Becerra given a rat's ass about anything but himself?  He'll push this to the bitter end.

Very possible. I was just pointing out the sorts of considerations he should be weighing. I'm aware of a significant case decided correctly by the Ninth - almost 25 years ago, now - that was not appealed to the USSC because DSS/CPS types didn't want the decision to become binding nationally.

[Cyber Liberty]

Very possible. I was just pointing out the sorts of considerations he should be weighing. I'm aware of a significant case decided correctly by the Ninth - almost 25 years ago, now - that was not appealed to the USSC because DSS/CPS types didn't want the decision to become binding nationally.

That kind of forward thinking is a thing of the past.  Now, it's push at every opportunity, results be damned.  This is the kind of thinking that convinced Harry Reid it's a good idea to scotch the Filibuster for Judges.

[skeeter]

Has the composition of that body, been change under Trump?

Why, since you mentioned it, yes it has.

[skeeter]

Since when has Becerra given a rat's ass about anything but himself?  He'll push this to the bitter end.

Prolly, but I've already unblocked all my mags anyway.

[Cyber Liberty]

Prolly, but I've already unblocked all my mags anyway.

Do you have to fix the weapons themselves?  So you can change out the mag without having to remove the barrel and upper? 

[skeeter]

Do you have to fix the weapons themselves?  So you can change out the mag without having to remove the barrel and upper?

You just pop open your AR magazine and take out the piece of plastic that prevents more than ten rds from being inserted. Presto, a twenty rd magazine.

Now throw out the law preventing normal magazine release (you wouldn't believe CA law in this regard) and I'll be in tall cotton. Currently you have to break the upper from the lower to get the magazine out.

[Cyber Liberty]

You just pop open your AR magazine and take out the piece of plastic that prevents more than ten rds from being inserted. Presto, a twenty rd magazine.

Now throw out the law preventing normal magazine release (you wouldn't believe CA law in this regard) and I'll be in tall cotton. Currently you have to break the upper from the lower to get the magazine out.

That's what I'm talkin' about. 

[skeeter]

That's what I'm talkin' about.

I don’t know how the mag release law can stand now. The same reasoning should apply.

[Cyber Liberty]

I don’t know how the mag release law can stand now. The same reasoning should apply.

It should.  If logic were to take a break and let it be so.

[mystery-ak]

Huge Gun Victory in 9th Circuit Court. Send Thank You Notes to 1600 Pennsylvania Ave.
https://pjmedia.com/news-and-politics/victoria-taft/2020/08/14/huge-gun-victory-in-9th-circuit-court-send-thank-you-notes-to-1600-pennsylvania-ave-n793961

[truth_seeker]

Two out of three judges and the case will go to the full court next.  Where many are saying the case will be

reversed and if it gets to the Supreme Court,  Roberts....

If that is the case, it adds to Souter, Bush I, "compassionate conservatism," never-ending wars. like Eisenhower warned about.

That is the #Nevertrump- Permanent State that attempted their Coup d' Etat