Author Topic: California's magazine capacity law is (once again) off the books  (Read 2607 times)

Hawkmoon

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California's magazine capacity law is (once again) off the books
« on: September 22, 2023, 06:28:34 PM »
https://thefiringline.com/forums/showthread.php?t=617449

This went all the way up to the SCOTUS, who kicked it back down to the Ninth Circuit to be reviewed under Bruen. The Ninth Circuit then punted it back to Judge Benitez, who knocked it out of the park.
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JTHunter

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Re: California's magazine capacity law is (once again) off the books
« Reply #1 on: September 23, 2023, 03:16:44 PM »
 :facepalm: But Judge Benitez stayed his own 10 day order to allow the state to have an en banc hearing before the full 9th Court.  [popcorn]
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Ben

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Re: California's magazine capacity law is (once again) off the books
« Reply #2 on: September 23, 2023, 03:21:12 PM »
:facepalm: But Judge Benitez stayed his own 10 day order to allow the state to have an en banc hearing before the full 9th Court.  [popcorn]

I saw part of the ten day wait was that at the end, Benitez might also toss the handgun roster, which in many ways, would be a bigger win for CA than an end to the magazine ban.
"I'm a foolish old man that has been drawn into a wild goose chase by a harpy in trousers and a nincompoop."

Hawkmoon

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Re: California's magazine capacity law is (once again) off the books
« Reply #3 on: September 23, 2023, 07:09:00 PM »
:facepalm: But Judge Benitez stayed his own 10 day order to allow the state to have an en banc hearing before the full 9th Court.  [popcorn]

Yes, but this time the SCOTUS has already told the 9th Circus that their original decision was wrong, and gave them a re-do. The 9th Circus, in turn, sent it back to Beniitez for a re-do taking into account Bruen. Which he has done -- in spades. He didn't just dissect the state's historical analogues, he eviscerated them. He basically told the state that, 'Not only do your historical analogs NOT prove your case, they conclusively prove the other side's case."

It's going to be difficult for the 9th Circus to reverse on appeal again, after having gotten their wrists slapped once already.
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