9th Circuit Strikes down Magazine Restrictions - Breaking

[Rockrivr1]

Just breaking now. Heard it on Gun and Gadgets.

Ninth Circuit Upholds Preliminary Injunction Against Newsom’s Standard Capacity Magazine Ban | CRPA

California Rifle & Pistol Association

crpa.org

 

[beaker]

Wow, that is great news! And the 9th Circuit. I hope this translates quickly to people who live in Communist states who can't exercise their Constitutional Rights, although it will still be a long haul... I look forward to our legal-eagles on the forum to chime in and explain the decision to us legal peons.

 

[BostonVI]

They cited the Caetano v. Mass case in the decision. Those California motherf***ers better send us a thank you note. And by us I mean Comm2A.

 

[allen-1]

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.

 

[Radtekk]

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.

The 9th circus actually upheld The Constitution, specifically 2a? We really ARE living in strange times. Now, if RBG could retire and Schumer didn't block a Trump nominee...

 

[fishgutzy]

They cited the Caetano v. Mass case in the decision. Those California motherf***ers better send us a thank you note. And by us I mean Comm2A.

Indeed. That was a rare case wear even the liberals on SCOTUS smacked it own. They understood the implications of allow it to stand went way beyond 2A regardless their hatred of the 2A.
It would have meant that only owners individually owned manual printing presses and quill pens enjoyed freedom of the press.

 

[Rob Boudrie]

Last time this happened it created a window for legal grandfathering - persons who acquired standard cap magazines while the order was in effect, so responsible suppliers will be expediting and prioritizing CA shipments before this gets stayed or overturned.

 

[Rob Boudrie]

They cited the Caetano v. Mass case in the decision. Those California motherf***ers better send us a thank you note. And by us I mean Comm2A.

The real credit goes to the public defender in the Caetano case who managed to get it all the way to SCOTUS. The most Comm2a did in that case was file an Amicus.

 

[daekken]

If you live in a free state and need mags, I'd suggest getting them NOW - especially common ones like AR/AK/Glock, etc. I think Brownells and/or Midway said they shipped like half a million mags during the last injunction...add in the new owners, the pandemic, and the election...and it might make CheaperThanDirt look like a bargain.

 

[ThePreBanMan]

Wow, Epic... That's awesome... So... Now the next question, what's the next step to make this a nation wide law?

 

[oldguy68]

They are only allowing it because the politicians in CA are afraid of BLM and Antifa and want more than 10 rounds in their magazines!
Never mind the defund the police and less police presence if that goes through.
Police now just stand by and say this is what the people want, so be it!

The McCloskey husband and wife situation must have really got them thinking about their safety and how mag capacity would help them stay alive in an outnumbered, riot/lynching situation.

Thanks Guns and Gadgets for the info!

PS. Don't ever think that they are doing this for the people. They are way to selfish for that kind of thinking. They are doing it for the preservation of their own families.

 

[roccoracer]

Am I correct in thinking that the only way this can be challenged is with the Supreme Court? With the recent reluctance of the supreme court to hear 2A cases I suspect they would not hear the case and the law would stand.

 

[SgtHal75]

They cited the Caetano v. Mass case in the decision. Those California motherf***ers better send us a thank you note. And by us I mean Comm2A.

Does this mean we can have them now???...

 

[mg42doc]

The 9th circus actually upheld The Constitution, specifically 2a? We really ARE living in strange times. Now, if RBG could retire and Schumer didn't block a Trump nominee...

Trump has essentially flipped the 9th, stuffing it with Conservative judges, I believe the judge in this case is a Trump appointee.

I hope for 4 more years of appointments...

 

[SgtHal75]

Last time this happened it created a window for legal grandfathering - persons who acquired standard cap magazines while the order was in effect, so responsible suppliers will be expediting and prioritizing CA shipments before this gets stayed or overturned.

Hopefully those pukes from PSA don’t ruin it this time

 

[ThePreBanMan]

Trump has essentially flipped the 9th, stuffing it with Conservative judges, I believe the judge in this case is a Trump appointee.

I hope for 4 more years of appointments...

Let's hope. The judges he's been picking are rock starts IMHO...

 

[JayMcB]

appeal to en banc in 3.....2..........1...........

 

[SgtHal75]

Am I correct in thinking that the only way this can be challenged is with the Supreme Court? With the recent reluctance of the supreme court to hear 2A cases I suspect they would not hear the case and the law would stand.

Let’s hope!

 

[Thirwell1216]

I'm sure that local governments will start manipulating "consumer saftey" acts like Harshabarger did with handguns here in the future. But all those CA residents should have a Magpul holiday!

 

[ReluctantDecoy]

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.

 

[Waher]

appeal to en banc in 3.....2..........1...........

View: https://twitter.com/varadmehta/status/1294324945804308482

Standard capacity magazines for all in these states!

 

[ISOTOX]

Hello Boy's...Don't start celebrating yet.

 

[Rockrivr1]

Am I correct in thinking that the only way this can be challenged is with the Supreme Court? With the recent reluctance of the supreme court to hear 2A cases I suspect they would not hear the case and the law would stand.

That's what the guy on Guns & Gadgets indicated. It would have to go to the SC and the way they been ruling on 2A cases this will go back to this decision with CA being SOL.

 

[rep308]

I've been waiting for a MA freedom week since Sept 1994. I still have 3 unopened shipping boxes containing 36 untouched 30 round AR mags complete with the dated invoices from Quality Parts (Bushmaster)

 

[SgtHal75]

Hello Boy's...Don't start celebrating yet.
View attachment 380626

Just spit my beer out!!!!

 

[richc]

How does this impact us here in MA. I'm really a simple man. No words with more than six chars please.

 

[VetteGirlMA]

Now the $64 question will the gun grabbers take it to scotus or does the fight end in CA?

 

[Thirwell1216]

I'm sure these two will have a beer summit with Warren to figure out some games to stop any thing represnting the law of the land.

 

[rivet_42]

I'll be That Guy...this ruling only applies in the Ninth, so it means nothing to us here in the PRMA. Furthermore, I suspect that the intent was to punt this to SCOTUS, where the Roberts court will overturn it and uphold the mag ban. The Roberts court, much to our frustration, has been unwilling to expand gun rights beyond the Court's holdings in Heller and McDonald, and I don't see an exception being made here. I would love to be proven wrong though.

 

[allen-1]

How does this impact us here in MA. I'm really a simple man. No words with more than six chars please.

no impact today in MA

Now I'm gonna exceed that character length:
The only place this decision can be overruled is the Supreme Court.
I believe that other parties can sue their states and refer to this decision.