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Author Topic: 9th Circuit Court Rules That Ban On Ammo Magazines Over 10 Rounds  (Read 725 times)
Robert
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S Florida


« on: August 14, 2020, 11:42:44 AM »


 9th Circuit Court Rules That Ban On Ammo Magazines Over 10 Rounds Is Unconstitutional

https://dl.airtable.com/.attachments/6d809a9cc6fddb883f29559e63a83234/94d604dc/DuncanvBecerraOpinion.pdf
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Jess from VA
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No VA


« Reply #1 on: August 14, 2020, 12:04:33 PM »

A three judge panel (2 - 1) approved the Dist Ct's (U.S. District Judge Roger Benitez), summary judgment against the magazine ban (over 10).  And for the right reasons and using the right testing on the merits of constitutional review of the 2d Amend.

Just in time for VA gov Northam's special session 2d attempt to impose the same limit on Virginians, maybe this month.  Not that a 9th Cir decision is controlling in VA.  No matter how sound the judicial reasoning.  But this is exceedingly good news from a historically bad court (9th Cir).

However, this 9th Cir 3 judge decision can be preempted by an en banc (full court) review.

It is unfortunate that a while back, in another case in MD (Kolbe v. Hogan) (4th Cir, including VA) a three judge panel also found a ban on ARs and over 10 rd mags to be unconstitutional (as did the CA Dist and 3mbr 9th Cir panel), but then a full 4th Cir review overturned the panel decision.  And then the SCOTUS decided not to hear that appeal.  A decision not to hear the appeal is not a precidential decision, as it is not on the merits.

I can forgive Roberts in his other recent cases siding with the court liberals, based on his reasoning, but when the SCOTUS does take this issue up, if he sides with them again, he needs to GO (to the devil).    
« Last Edit: August 14, 2020, 01:41:23 PM by Jess from VA » Logged
Patrick
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Largo Florida


« Reply #2 on: August 14, 2020, 03:34:31 PM »

The 9th !  You gotta be kidding, whats the catch.
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semo97
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Texas


« Reply #3 on: August 14, 2020, 04:39:54 PM »

They want us to believe it and jump up and down for joy until after the election. They are planning the Dems will win and confiscate all guns and you can keep your mags. Watch them real close.
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Serk
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Rowlett, TX


« Reply #4 on: August 14, 2020, 05:02:32 PM »

Sudden outbreak of common sense...

Although I fully expect the Democrats to arrange a mass shooting before the election, they need it to rile up their anti-freedom members with their "Ban "Assault" Weapons!1!1!!!" rhetoric...

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Jersey mike
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Brick,NJ


« Reply #5 on: August 14, 2020, 05:26:06 PM »

I’m wondering if this will have an impact here in N.J.
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Pappy!
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Central Florida - Eustis


« Reply #6 on: August 14, 2020, 07:22:12 PM »

Wow....at work we were just talking about the Dems being in need of a perfectly timed mass shooting again.
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old2soon
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Willow Springs mo


« Reply #7 on: August 14, 2020, 07:28:16 PM »

Wow....at work we were just talking about the Dems being in need of a perfectly timed mass shooting again.
     
                 Let me respond thusly-While another mass shooting would sicken me such an event would Not Surprise me in the least. And-YES-guessin here I are That jaded.  Cry RIDE SAFE.
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0leman
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« Reply #8 on: August 15, 2020, 08:37:58 AM »

I too am totally stunned that the Ninth Court would make that decision.  They are the most over turned Court in the country.  WOW!!!
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Serk
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Rowlett, TX


« Reply #9 on: August 15, 2020, 08:41:42 AM »

I too am totally stunned that the Ninth Court would make that decision.  They are the most over turned Court in the country.  WOW!!!

"NRA spokeswoman Amy Hunter issued a statement echoing that the ruling was “a huge win” for gun owners across the country, and noting that the judge who wrote the opinion had been appointed by President Donald Trump."

Source - https://www.sandiegouniontribune.com/news/courts/story/2020-08-14/9th-circuit-tosses-california-law-banning-high-capacity-magazines-saying-it-runs-afoul-of-second-amendment

And that, if for no other reason, is why President Trump, despite all his numerous flaws, will get my vote and my support in November.
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