California Ban on High-Cap Magazines overturned by ninth circuit

[FromMyColdDeadHand]

What is needed is a circuit that says yes and one that says no so that SCOTUS has to determine what is right. MD (5th?) has upheld mag bans, right now we have a 'split decision' and that is SCOTUS click bait.

Like I've said before, Roberts has to be made to understand that if he goes with the liberals on a ban of mags or Semi's, the blood will be on his hands. There are what, a billion 'hi cap' mags in the US? Maybe more? If they were the problem, we would have more than a couple hundred rifles used in shooting deaths. Ban mags and semi, nationally, and you are going to have 'issues'.

How many of the Judges were Trump's? That is a reason to be Trump philic and even give a nod to Cocaine Mitch for getting judges through.

[Diamondback]

Why would I do that? Knowing that a SC reversal will cement a mag ban as constitutionally permissible and that Roberts would rule that way, she'd probably vote to take the case. Roberts turns away cases to appeal to both the left and the right: The left gets their unconstitutional laws, and then Roberts appeals to the right and says he was just adhering to originalism, and without contradicting rulings by circuit courts, he shouldn't take the case. But if this is upheld, we now have contradictory rulings. I'm afraid Roberts would rule with the left that because the 2A doesn't specify that 10+ round mags are protected, and DC v. Heller found that not every weapon is protected for every purpose, who's to say that "high capacity" magazines are protected?

I won't really feel optimistic about a 2A case until either RGB or Breyer are replaced with a true conservative justice. For awhile, I thought Roberts was kicking the can down the road with 2A cases to avoid pissing off the left by ruling against them. But now, I think it's the other way around.

Regrettable though it is, this would be the only good reason I could see for the votes against Cert that Gorsuch and Kav have cast, if I knew I had Zombie Earl Warren as a deciding vote I'd be inclined to deny Cert wherever possible to limit the damage that Epstein's black-robed pedo-pal can do.

[jpmuscle]

From Duane Liptak;

So, there are a lot of questions about "Can mags be shipped to CA now?" I've spent most of my morning trying to determine the answer to that very question. I'm not an attorney, I just sometimes have to talk like one at work and fake it, so keep that in mind. This is not legal advice, and you should confirm or deny any of this with your own attorney prior to doing anything at all, because it's entirely possible that I'm full of it. But here's what I understand:

The circuit court process is a little different. The filing of the actual decision is not what makes the decision "final". The decision is "final" when the court issues a mandate saying so, which occurs a minimum of 7 days after the decision. But...the state could file an appeal for en banc review. That just means that if approved, the case would be reviewed by a panel of 11 judges instead of 3, so it's not really "en banc" but the ninth circuit is so large they break it up that way. The state has 14 days to file for en banc review, and at the end of that time, if they do not file, that's when the 7 day clock would actually start for the mandate to be issued, and for the decision to be final.

If the state DOES file for en banc review (probably filing that right now), then there is a vote as to whether or not the review is granted. If they vote for NO review, then the 7 day clock starts then. If they vote to allow review, we could have 2-3 months or more to wait for the en banc review, and the decision of the court will not be "final" until after that decision, and then the 7 day period after.

Our attorneys initially thought that we were good to start shipping immediately, until we talked to the folks that were savvy on federal circuit court process, including an appellate attorney in CA that filed one of the amicus briefs on the case, and has represented our interests out there before.

Bottom line is that we have between 7 days and several months before the decision is "final" which is what triggers the release of the lower court stay--to my understanding. Any of y'all that are actual circuit court appellate attorneys can tighten me up, and I'll correct this post.

Don't get me wrong...this is awesome--just not "open the floodgates" time. And, don't be discouraged-- with the current makeup of the 9th, it's not a sure thing that en banc review would sink it. It's almost 50/50 now on that court, so the draw for the en banc panel will foretell how that will go. Especially given the wording and strength of both the benitez decision and the 3 judge panel decision on the 9th, it's really encouraging.

TL;DR Can't ship mags to CA yet, have to wait for official court Mandate to be filed regarding the decision, may be 7 days to a few months for that to happen.

Sent from my iPhone using Tapatalk

[Red*Lion]

What is needed is a circuit that says yes and one that says no so that SCOTUS has to determine what is right. MD (5th?) has upheld mag bans, right now we have a 'split decision' and that is SCOTUS click bait.

Like I've said before, Roberts has to be made to understand that if he goes with the liberals on a ban of mags or Semi's, the blood will be on his hands. There are what, a billion 'hi cap' mags in the US? Maybe more? If they were the problem, we would have more than a couple hundred rifles used in shooting deaths. Ban mags and semi, nationally, and you are going to have 'issues'.

How many of the Judges were Trump's? That is a reason to be Trump philic and even give a nod to Cocaine Mitch for getting judges through.

Many more than a billion high cap mags in the country. There is good reason to believe that there is quit a bit more than 600 actual firearms in the U.S., so likely at least 5 times that number in mags.

[vicious_cb]

Freedom week saw almost a million mags shipped into CA in week. Better get your mags now before the flood gates open.

[Johnny Rico]

Great news. Important question — What are some good sites for AR and GLOCK mags?

[Grand58742]

I have one question about all this...

When did the term "LCM" come into being?

[AwaySooner]

Freedom week saw almost a million mags shipped into CA in week. Better get your mags now before the flood gates open.

The flood gates are opened. Brownell and ETS are open for CA buyers now.

[HKGuns]

This was a panel decision. They can re-hear it en banc with a more "favorable" selection of liberal justices.

Now that is a crock.

[Grand58742]

Just looked it up, the count on the 9th wasn't as lopsided as I thought. 16 were appointed by Democrats, 13 by Republicans (10 by Trump alone).

I don't know how the selection for the en banc is done, but that's better odds than I thought.