Huge 2A ruling in 9th circuit

[platoonDaddy]

This is HUGE

http://www.foxnews.com/politics/2018/07/20/liberal-9th-circuit-surprises-with-pro-2nd-amendment-decision-blocking-california-ammo-ban.html

[Clint]

Winning Bigly!

[FromMyColdDeadHand]

I feel like we are being set-up. Like there is the old gut with a fishing pole with the Bill of Rights on it going -"Almost got it... Gotta be quicker..."

[Doc Safari]

I feel like we are being set-up. Like there is the old gut with a fishing pole with the Bill of Rights on it going -"Almost got it... Gotta be quicker..."

You think like I do. I've been sitting here racking my brain on how the left engineered this to either gin up campaign funds or mobilize their base to stop conservative SCOTUS picks. I'm still scratching my head, but I don't trust these dudes any further than I can throw a freight train.

[Leaveammoforme]

So when does the "High Capacity Magazine" tax kick in?

[TomMcC]

As much as I am thankful for this ruling (I live in Ca.), it was a 2-1 ruling. If the entire 9th circuit has a go at this I'm not at all optimistic.

[kerplode]

You guys are getting excited over nothing. The progs aren't going to let this stand...Certainly not from the 9th. It'll be re-hear en banc and the ban will be upheld.

[FromMyColdDeadHand]

At least we have one Circ ruling in our favor. They trot that out that there is no right to an AR because of the MA and MD rulings.

'En Blanc" or legalesse for "Full Crazy"

[26 Inf]

You guys are getting excited over nothing. The progs aren't going to let this stand...Certainly not from the 9th. It'll be re-hear en banc and the ban will be upheld.

Here are the reasons for an enbanc hearing after a panel has made a decision:

Rule 35. En Banc Determination

(a) When Hearing or Rehearing En Banc May Be Ordered. A majority of the circuit judges who are in regular active service and who are not disqualified may order that an appeal or other proceeding be heard or reheard by the court of appeals en banc. An en banc hearing or rehearing is not favored and ordinarily will not be ordered unless:

(1) en banc consideration is necessary to secure or maintain uniformity of the court's decisions; or

(2) the proceeding involves a question of exceptional importance.

(b) Petition for Hearing or Rehearing En Banc. A party may petition for a hearing or rehearing en banc.

(1) The petition must begin with a statement that either:

(A) the panel decision conflicts with a decision of the United States Supreme Court or of the court to which the petition is addressed (with citation to the conflicting case or cases) and consideration by the full court is therefore necessary to secure and maintain uniformity of the court's decisions; or

(B) the proceeding involves one or more questions of exceptional importance, each of which must be concisely stated; for example, a petition may assert that a proceeding presents a question of exceptional importance if it involves an issue on which the panel decision conflicts with the authoritative decisions of other United States Courts of Appeals that have addressed the issue.

(2) Except by the court's permission:

(A) a petition for an en banc hearing or rehearing produced using a computer must not exceed 3,900 words; and

(B) a handwritten or typewritten petition for an en banc hearing or rehearing must not exceed 15 pages.

(3) For purposes of the limits in Rule 35(b)(2), if a party files both a petition for panel rehearing and a petition for rehearing en banc, they are considered a single document even if they are filed separately, unless separate filing is required by local rule.

(c) Time for Petition for Hearing or Rehearing En Banc. A petition that an appeal be heard initially en banc must be filed by the date when the appellee's brief is due. A petition for a rehearing en banc must be filed within the time prescribed by Rule 40 for filing a petition for rehearing.

(d) Number of Copies. The number of copies to be filed must be prescribed by local rule and may be altered by order in a particular case.

(e) Response. No response may be filed to a petition for an en banc consideration unless the court orders a response.

(f) Call for a Vote. A vote need not be taken to determine whether the case will be heard or reheard en banc unless a judge calls for a vote.

Based on what I underlined/bolded, yea, seems likely it can be reheard en banc.

[Renegade]

This is not a win.

This ruling only prevents CA from enforcing the ban while the lawsuit works its way through the system.

In Duncan v. Becerra, U.S. District Judge Roger Benitez temporarily blocked a portion of Proposition 63 that prohibits possession of magazines holding more than 10 rounds of ammunition. The issue is set to go to trial this fall.

https://www.courthousenews.com/ninth-circuit-upholds-block-of-california-gun-magazine-ban/

[TomMcC]

Our swell AG Becerra will most likely appeal this decision to the en bance 9th. This happened with CCW's and we got hosed.

[BrigandTwoFour]

When it comes to the 9th, I can't think of any 2A case in recent memory that went our way in the end. Even if we get a small victory on a three judge panel (2-1, as this one was), it almost always gets taken up en banc and gets reversed.

Remember, this wasn't a challenge on CA's banning of magazines. They did that years ago and have gotten away with it by grandfathering previously owned mags. The law banned the future sale and import. The law that this case challenged was a new one that banned possessions of previously grandfathered magazines without compensation (i.e. unlawful "takings"). Even if this decision stands, the prior law banning the sale, import, and transfer of new magazines remains in effect.

[Moose-Knuckle]

I feel like we are being set-up.

I'm so accustomed to their anti-Liberty rulings that is exactly what popped into my brain pan when I read the article.

Something is rotten in the state of Denmark, err California and all that.

[Averageman]

Nothing good comes out of the Ninth Circuit Court for the United States or its Citizens.
Now if you want to take some guns, help some illegals stay here, or are looking for some support for people with gender confusion, they're all over it.