Author Topic: 9th Circuit Overturns Cali Mag Ban  (Read 3162 times)

DustinD

  • I have a title
  • friends
  • Senior Member
  • ***
  • Posts: 919
  • I have a personal text message
9th Circuit Overturns Cali Mag Ban
« on: August 14, 2020, 12:46:27 PM »
https://www.firearmspolicy.org/9th-circuit-holds-large-capacity-firearm-magazines-protected-2nd-amendment

Some spicy comments and they set the bar pretty high for the enboc review to overrule.
"I don't always shoot defenceless women in the face, but when I do, I prefer H-S Precision.

Stay bloodthirsty, my friends."

                       - Lon Horiuchi

MillCreek

  • Skippy The Wonder Dog
  • friend
  • Senior Member
  • ***
  • Posts: 20,478
  • APS Risk Manager
Re: 9th Circuit Overturns Cali Mag Ban
« Reply #1 on: August 14, 2020, 12:58:50 PM »
My goodness. And from that division of the 9th Circuit.
_____________
Regards,
MillCreek
Snohomish County, WA  USA


Quote from: Angel Eyes on August 09, 2018, 01:56:15 AM
You are one lousy risk manager.

WLJ

  • friends
  • Senior Member
  • ***
  • Posts: 36,954
  • On Patrol In The Epsilon Eridani System
Re: 9th Circuit Overturns Cali Mag Ban
« Reply #2 on: August 14, 2020, 01:00:00 PM »
Overridden by legal gymnastics in 5,4,3.......
“Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views.”
― William F. Buckley

“The Party told you to reject the evidence of your eyes and ears. It was their final, most essential command.”
― George Orwell, 1984

“Those who believe without reason cannot be convinced by reason.”
― James Randi

WLJ

  • friends
  • Senior Member
  • ***
  • Posts: 36,954
  • On Patrol In The Epsilon Eridani System
Re: 9th Circuit Overturns Cali Mag Ban
« Reply #3 on: August 14, 2020, 01:05:55 PM »
There's a little tin foil voice telling me to expect a mass shooting in CA within a week.
The internet is making me a little bit paranoid on some matters, don't know sometimes if that's a good thing or bad.
“Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views.”
― William F. Buckley

“The Party told you to reject the evidence of your eyes and ears. It was their final, most essential command.”
― George Orwell, 1984

“Those who believe without reason cannot be convinced by reason.”
― James Randi

just Warren

  • friend
  • Senior Member
  • ***
  • Posts: 5,234
  • My DJ name is Heavy Cream.
Re: 9th Circuit Overturns Cali Mag Ban
« Reply #4 on: August 14, 2020, 01:27:15 PM »
Nice!

If it survives the Robert's Court I'm finally going to get that drum mag for my 642.

Seriously though, lets see challenges to the handgun roster, the "assault rifle" laws and so forth.

Member in Good Standing of the Spontaneous Order of the Invisible Hand.

K Frame

  • friend
  • Senior Member
  • ***
  • Posts: 48,578
  • I Am Inimical
Re: 9th Circuit Overturns Cali Mag Ban
« Reply #5 on: August 14, 2020, 02:06:38 PM »
My goodness. And from that division of the 9th Circuit.

The 9th isn't the insane asylum it used to be.

Trump's appointments very, very quietly tipped the balance on the 9th.
MAGA unto others as you would have them MAGA unto you!

Dogs are our link to paradise. They don’t know evil or jealousy or discontent. To sit with a dog on a hillside on a glorious afternoon is to be back in Eden, where doing nothing was not boring—it was peace. — Milan Kundera


The gift which I am sending you is called a dog, and is in fact the most precious and valuable possession of mankind
-- Theodorus Gaza

MechAg94

  • friend
  • Senior Member
  • ***
  • Posts: 35,623
Re: 9th Circuit Overturns Cali Mag Ban
« Reply #6 on: August 14, 2020, 05:16:17 PM »
I guess there may be a run on mags for a short time. 
“It is much more important to kill bad bills than to pass good ones.”  ― Calvin Coolidge

Perd Hapley

  • Superstar of the Internet
  • friend
  • Senior Member
  • ***
  • Posts: 62,871
  • My prepositions are on/in
Re: 9th Circuit Overturns Cali Mag Ban
« Reply #7 on: August 14, 2020, 05:23:06 PM »
Time for Magpul to do another airlift.
Can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are the gift of God?
--Thomas Jefferson

Ben

  • Administrator
  • Senior Member
  • *****
  • Posts: 49,894
  • I'm an Extremist!
Re: 9th Circuit Overturns Cali Mag Ban
« Reply #8 on: August 14, 2020, 05:49:10 PM »
I guess there may be a run on mags for a short time. 

Glad I'm finally stocked on mags.
"I'm a foolish old man that has been drawn into a wild goose chase by a harpy in trousers and a nincompoop."

230RN

  • friend
  • Senior Member
  • ***
  • Posts: 19,762
Re: 9th Circuit Overturns Cali Mag Ban
« Reply #9 on: August 14, 2020, 06:11:43 PM »
There's a little tin foil voice telling me to expect a mass shooting in CA within a week.
The internet is making me a little bit paranoid on some matters, don't know sometimes if that's a good thing or bad.

That occurred to me, too, 'cept maybe more time needed to brainwash a perpetrator into doing it for <koff-koff> "them."

Some of those lefties have pretty plastic "brains," but it may take more than a week to con someone into "the end justifies the means" on that one.

"Paranoid much, 230RN ?"

Ayup.  Call it that.

Or, "Observe, assess, and overcome."

Terry, 230RN

« Last Edit: August 14, 2020, 06:40:01 PM by 230RN »

Angel Eyes

  • Lying dog-faced pony soldier
  • friend
  • Senior Member
  • ***
  • Posts: 13,881
  • You're not diggin'
Re: 9th Circuit Overturns Cali Mag Ban
« Reply #10 on: August 14, 2020, 08:09:02 PM »
Been following these developments on Calguns.  Apparently, the Primary Arms and Brownells websites both crashed due to all the Californians trying to buy mags.
I've renamed my AR-15 to MS-13 so Democrats will protect it.

Fly320s

  • friend
  • Senior Member
  • ***
  • Posts: 14,415
  • Formerly, Arthur, King of the Britons
Re: 9th Circuit Overturns Cali Mag Ban
« Reply #11 on: August 14, 2020, 08:20:37 PM »
There's a little tin foil voice telling me to expect a mass shooting in CA within a week.
The internet is making me a little bit paranoid on some matters, don't know sometimes if that's a good thing or bad.

There have been more than enough mass shootings for the gun-grabbers to use to their advantage.  One more won't make a difference, especially after this ruling.
Islamic sex dolls.  Do they blow themselves up?

WLJ

  • friends
  • Senior Member
  • ***
  • Posts: 36,954
  • On Patrol In The Epsilon Eridani System
Re: 9th Circuit Overturns Cali Mag Ban
« Reply #12 on: August 15, 2020, 10:44:01 AM »
Noticed P-mags went up a couple of dollars on some sites since yesterday.
I've been monitoring p-mags prices since the panic started
“Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views.”
― William F. Buckley

“The Party told you to reject the evidence of your eyes and ears. It was their final, most essential command.”
― George Orwell, 1984

“Those who believe without reason cannot be convinced by reason.”
― James Randi

Pb

  • friend
  • Senior Member
  • ***
  • Posts: 5,026
Re: 9th Circuit Overturns Cali Mag Ban
« Reply #13 on: August 17, 2020, 05:36:02 PM »
Nice!

If it survives the Robert's Court I'm finally going to get that drum mag for my 642.

Seriously though, lets see challenges to the handgun roster, the "assault rifle" laws and so forth.



There have been a lot of challenges to AW and mag bans.

Every single one has ultimately lost, and the Supreme Court will be no help.

WLJ

  • friends
  • Senior Member
  • ***
  • Posts: 36,954
  • On Patrol In The Epsilon Eridani System
Re: 9th Circuit Overturns Cali Mag Ban
« Reply #14 on: August 17, 2020, 06:41:56 PM »
Hold your horses according to this

Quote
    We have been asked by California retailers, distributors and ammunition magazine manufacturers across the industry whether Friday’s landmark decision by the U.S. Court of Appeals for the 9th Circuit in Duncan v. Becerra means they can now sell to California consumers, ship to California retailers or manufacture in the state for commercial sale in the state ammunition magazines capable of holding more than 10 rounds of ammunition (so-called “Large Capacity Magazines” or LCM). The short answer is “NO.”

    While the holding in Duncan is a tremendous victory for the Second Amendment, members of the industry should continue to refrain from selling or shipping into California LCMs until after the appeal proceeding is concluded or the stay is modified or lifted. This is because the U.S. District Court’s Order Staying In Part Judgment Pending Appeal, dated April 4, 2019, remains in effect “pending final resolution of the appeal from the Judgment.” The appellate proceedings have not concluded or been finally resolved, so the stay remains in place.

    Stay tuned. NSSF will update you on developments, including when the appeal is over and you can sell standard-sized magazines in California.

https://www.thetruthaboutguns.com/caution-nssf-issues-industry-advisory-on-california-magazine-ban-ruling/
“Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views.”
― William F. Buckley

“The Party told you to reject the evidence of your eyes and ears. It was their final, most essential command.”
― George Orwell, 1984

“Those who believe without reason cannot be convinced by reason.”
― James Randi

MillCreek

  • Skippy The Wonder Dog
  • friend
  • Senior Member
  • ***
  • Posts: 20,478
  • APS Risk Manager
Re: 9th Circuit Overturns Cali Mag Ban
« Reply #15 on: November 30, 2021, 04:00:01 PM »
And we are back to California being able to ban high capacity magazines, due to a ruling from the entire Ninth Circuit today:

https://www.politico.com/states/california/story/2021/11/30/9th-circuit-upholds-california-ban-on-high-capacity-ammo-magazines-9427914

The intent to appeal the decision to SCOTUS has been announced.
_____________
Regards,
MillCreek
Snohomish County, WA  USA


Quote from: Angel Eyes on August 09, 2018, 01:56:15 AM
You are one lousy risk manager.

MechAg94

  • friend
  • Senior Member
  • ***
  • Posts: 35,623
Re: 9th Circuit Overturns Cali Mag Ban
« Reply #16 on: November 30, 2021, 04:36:14 PM »
Quote
“Accordingly, the ban on legal possession of large-capacity magazines reasonably supported California’s effort to reduce the devastating damage wrought by mass shootings,” the majority wrote, adding that the laws do not constitute an illegal government taking because “the government acquires nothing by virtue of the limitation on the capacity of magazines.”

That last is an odd turn of phrase. 

On the former, what is the "devastating damage wrought by mass shootings"?  It hurts the people who are directly affected, but it really just gets lost in the normal crime statistics for the year.  None of the politicians seem to care about the larger number of shootings and murders that don't cause more than a few deaths at a time.  Of course, that statement makes the assumption that larger capacity magazines cause mass shootings. 
 
“It is much more important to kill bad bills than to pass good ones.”  ― Calvin Coolidge

cordex

  • Administrator
  • Senior Member
  • *****
  • Posts: 9,524
Re: 9th Circuit Overturns Cali Mag Ban
« Reply #17 on: November 30, 2021, 05:09:58 PM »
That last is an odd turn of phrase. 
Trying to get around Fourth Amendment protection, I assume?

If so, doesn't that conflict a bit with Tennessee v Garner wherein use of deadly force is considered a seizure subject to the Fourth Amendment's reasonableness requirement?  Pretty sure gunning someone down doesn't mean the government acquires anything of virtue either.

Perd Hapley

  • Superstar of the Internet
  • friend
  • Senior Member
  • ***
  • Posts: 62,871
  • My prepositions are on/in
Re: 9th Circuit Overturns Cali Mag Ban
« Reply #18 on: November 30, 2021, 05:24:46 PM »
Trying to get around Fourth Amendment protection, I assume?

If so, doesn't that conflict a bit with Tennessee v Garner wherein use of deadly force is considered a seizure subject to the Fourth Amendment's reasonableness requirement?  Pretty sure gunning someone down doesn't mean the government acquires anything of virtue either.

The government are all cannibals!    [tinfoil]
Can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are the gift of God?
--Thomas Jefferson

MillCreek

  • Skippy The Wonder Dog
  • friend
  • Senior Member
  • ***
  • Posts: 20,478
  • APS Risk Manager
Re: 9th Circuit Overturns Cali Mag Ban
« Reply #19 on: November 30, 2021, 06:06:15 PM »
I have been reading some comments suggesting that everyone should have a revolver or two, since it is unlikely revolvers will be the subject of any bans.  Does anyone know if there are any current USA bans or restrictions that effect revolvers?
_____________
Regards,
MillCreek
Snohomish County, WA  USA


Quote from: Angel Eyes on August 09, 2018, 01:56:15 AM
You are one lousy risk manager.

Bogie

  • friend
  • Senior Member
  • ***
  • Posts: 11,511
  • Hunkered in South St. Louis, right by Route 66
    • Third Rate Pundit
Re: 9th Circuit Overturns Cali Mag Ban
« Reply #20 on: November 30, 2021, 06:31:50 PM »
They will require any revolver to have a safety.
Blog under construction

WLJ

  • friends
  • Senior Member
  • ***
  • Posts: 36,954
  • On Patrol In The Epsilon Eridani System
Re: 9th Circuit Overturns Cali Mag Ban
« Reply #21 on: November 30, 2021, 06:33:47 PM »
They will require any revolver to have a safety.

Forgotten Weapons: Remembering When Revolvers Had Safeties
https://www.popularmechanics.com/military/weapons/a21242/revolvers-with-safeties/
“Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views.”
― William F. Buckley

“The Party told you to reject the evidence of your eyes and ears. It was their final, most essential command.”
― George Orwell, 1984

“Those who believe without reason cannot be convinced by reason.”
― James Randi

lee n. field

  • friend
  • Senior Member
  • ***
  • Posts: 14,052
  • tinpot megalomaniac, Paulbot, hardware goon
Re: 9th Circuit Overturns Cali Mag Ban
« Reply #22 on: December 01, 2021, 11:46:51 AM »
Forgotten Weapons: Remembering When Revolvers Had Safeties
https://www.popularmechanics.com/military/weapons/a21242/revolvers-with-safeties/

The thinking behind the Dutch police revolver safety is scary.  ("Well, you might be intending to only shoot a blank, but also have live rounds in some chambers in the cylinder, and what if you forgot which was which...?")
« Last Edit: December 01, 2021, 01:41:52 PM by lee n. field »
In thy presence is fulness of joy.
At thy right hand pleasures for evermore.

dogmush

  • friend
  • Senior Member
  • ***
  • Posts: 15,786
Re: 9th Circuit Overturns Cali Mag Ban
« Reply #23 on: December 01, 2021, 11:55:06 AM »
The thinking behind the Dutch police revolver safety is scary.  ("Well, you might be intending to only shoot a blank, but also have live rounds in the some chambers in the cylinder, and what if you forgot which was which...?")

If only Alec Baldwin had had that revolver.......