California Ban on High-Cap Magazines overturned by ninth circuit

[ddbtoth]

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.

I’m rather sarcastic. To her and her ilk, I pray for suffering and pain. I used to not be this way, I guess I’ve become what I hate.

[Business_Casual]

I’m rather sarcastic. To her and her ilk, I pray for suffering and pain. I used to not be this way, I guess I’ve become what I hate.

Those prayers won’t be answered.

[ddbtoth]

Those prayers won’t be answered.

Yeah, hopefully neither will her’s.

[Diamondback]

Here's what happens next...

CA appeals to full En Banc. 50/50 they get their way there. If not, on to SCOTUS, where...

Door #1. 4 Leftists and Epstein's Blackrobed Pedo-Pal grant Cert and open the door for Nationwide Bend Over & Buttrape.
Door #2. (assuming RBG seat open but unreplaced) 4-4, Roberts assigns the opinion to whoever will give the outcome he wants.
Door #3. (assuming RBG fully replaced) We get a 6-3, but Roberts assigns himself the Opinion and tailors it so narrowly that it's as useless as tits on a bull. Like "Only Plaintiffs can have hi-caps," or "you can have 'em but can only load 10 rounds" or "you can have them but you have to get a license for each and every one."

[HKGuns]

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.

This is exactly why Trump needs to win.

[BoringGuy45]

Here's what happens next...

CA appeals to full En Banc. 50/50 they get their way there. If not, on to SCOTUS, where...

Door #1. 4 Leftists and Epstein's Blackrobed Pedo-Pal grant Cert and open the door for Nationwide Bend Over & Buttrape.
Door #2. (assuming RBG seat open but unreplaced) 4-4, Roberts assigns the opinion to whoever will give the outcome he wants.
Door #3. (assuming RBG fully replaced) We get a 6-3, but Roberts assigns himself the Opinion and tailors it so narrowly that it's as useless as tits on a bull. Like "Only Plaintiffs can have hi-caps," or "you can have 'em but can only load 10 rounds" or "you can have them but you have to get a license for each and every one."

For Door 3, he wouldn't do that. This would be a straight up or down. Roberts often rules wrong, but he has yet to legislate from the bench. He'll either rule to overturn or uphold the ban. If he were to vote to overturn the ban, I couldn't see him going along with a subsequent law requiring only 10 rounds in a mag, but I could see him upholding licensing laws. That's the MO that the courts seem to go along with: We have rights, we just need to get permission to exercise them.

[Bulletdog]

Here's what happens next...

CA appeals to full En Banc. 50/50 they get their way there. If not, on to SCOTUS, where...

Door #1. 4 Leftists and Epstein's Blackrobed Pedo-Pal grant Cert and open the door for Nationwide Bend Over & Buttrape.
Door #2. (assuming RBG seat open but unreplaced) 4-4, Roberts assigns the opinion to whoever will give the outcome he wants.
Door #3. (assuming RBG fully replaced) We get a 6-3, but Roberts assigns himself the Opinion and tailors it so narrowly that it's as useless as tits on a bull. Like "Only Plaintiffs can have hi-caps," or "you can have 'em but can only load 10 rounds" or "you can have them but you have to get a license for each and every one."

Or door number 4: This POS BS law finally gets overturned, and a small amount of the freedom that has been stolen from us gets returned, and that freedom spreads to other states across the country. Trump gets re-elected and continues to appoint more and more judges across the country that actually follow the constitution and uphold the law, and a horrendous, bloody, civil war is narrowly avoided while the left wrings their hands and cries, but finally stops trying to force us to shoot them all in the face. Peace, tranquility, and freedom finally return to the land... Okay, I may be dreaming on those last couple of points, but let a man dream...

[ABNAK]

While I obviously hope SCOTUS would rule in favor of RKBA issues (as it would make things considerably easier legality-wise), I remind everyone that at one point in time SCOTUS upheld slavery. My point? They aren't God, though they likely see themselves as such. They can rule however they want, but to me they aren't the final say. I ultimately am.

How the judiciary ever got to be the final arbiters is beyond me, but they're very fallible at times, so to me their uber alles persona doesn't fly.

YMMV

[Grand58742]

Just browsing around this morning and it appears some dealers are shipping, others are not. My guess is a lot of orders might not get filled while they wait.

I guess the lawyer question for today is the appeals process. Specifically whether or not the 9th Circuit's decision (if they vote to overturn) would be in force until the appeals process is complete. I honestly don't know about that.

All I could imagine is a bunch of clerks in places like Brownells woke up this morning to a whole metric butt-ton of orders and wondering "WTF just happened?!"

[Johnny Rico]

Brownells employees should be fully aware what happened. Smack dab on the top of the front page is a banner proclaiming “Now Sending Freedom Back to California!”

I wish other shops were so on top of things. Most of them still have full capacity magazines categorized as verboten for sale to California. And Brownells is already sold out of Glock mags.