9th sends CA Assault Weapons case back to lower court

[appraiser]

Ninth Circuit Panel Sends California "Assault Weapons" Ban Challenge Back to District Court,

That's today's order from Judges Andrew Hurwitz, Daniel Bress, and Patrick Bumatay: The district court's judgment is vacated, and this...

reason.com

order from Judges Andrew Hurwitz, Daniel Bress, and Patrick Bumatay:

The district court's judgment is vacated, and this case is remanded to the district court for further proceedings consistent with the United States Supreme Court's decision in New York State Rifle & Pistol Ass'n, Inc. v. Bruen, 597 U.S. ____ (2022).
The parties shall bear their own attorney's fees, costs, and expenses. This order constitutes the mandate of this court.
VACATED AND REMANDED.

from Reason dot com
"One question for the district judge on remand, of course, would be whether so-called "assault weapons" are indeed "dangerous and unusual," or whether they are instead in sufficiently "common use" that they aren't unusual (though, like all guns, they are dangerous). Another question might be—the matter is unclear—whether such bans might be upheld on the theory that they don't impose a material "burden on the right of armed self-defense" or "prevent 'law-abiding, responsible citizens' from exercising their Second Amendment right to public carry [and to private gun possession]." Hard to tell for certain what the result will be, and of course once the district court reconsiders the case, it will likely go back up to the Ninth Circuit."

 

[one-eyed Jack]

This shit will go on until "Rifles", "Assault Rifles" and "Assault Weapons" (as in 1994) are clearly defined. Which will be never. Jack.

 

[Hoover]

Bress and Bumatay are both very conservative and pro 2A, so it was a good draw for the 3 judge panel. Now back to the district and then that ruling will be appealed up to the 9th again. A needless delay.

 

[timbo]

Bress and Bumatay are both very conservative and pro 2A, so it was a good draw for the 3 judge panel. Now back to the district and then that ruling will be appealed up to the 9th again. A needless delay.

You can pretty much bet the delay is their plan...

 

[Hoover]

You can pretty much bet the delay is their plan...

Bress voted with the Obama appointee hurwitz (who is a liberal but one of the more sane democrat appointees on the 9th) to send it back to the district court. If Bress voted to keep it, the panel would keep the case. Some of this is just letting another court deal with it rather than themselves

 

[Bladerunner]

ALL firearms are designated common use.

The only reason some are not recognized as such is because they have been unconstitutionally outlawed.

They are not "common" because owning them in many states is impossible!!

 

[timbo]

Bress voted with the Obama appointee hurwitz (who is a liberal but one of the more sane democrat appointees on the 9th) to send it back to the district court. If Bress voted to keep it, the panel would keep the case. Some of this is just letting another court deal with it rather than themselves

I see it as a delay tactic by kicking the can down the road for a few more years. That way the CA laws stay on the books, as is.

 

[Bladerunner]

Period painting found in an old barn in northern New England should clear up common use issues.