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Just a Man
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The Ninth Circuit Protects Gun Rights and Stops Confiscation
https://www.nationalreview.com/2018/07/ninth-circuit-protects-gun-rights-california/

Every now and then the Ninth Circuit Court of Appeals - arguably the nation's most progressive federal circuit - can offer up a legal surprise. Yesterday, it gave us a legal shock, when a divided panel of its judges affirmed last year's federal district-court injunctiontemporarily blocking enforcement of California's confiscatory ban on so-called large-capacity magazines.

Under California law, any person who possesses a legally purchased magazine capable of holding more than ten rounds of ammunition must either remove the magazine from the state, sell it to a licensed firearm dealer, or hand it over to law enforcement. Those citizens who retained their magazines after the law went into effect risked a fine or up to one year's imprisonment in county jail.

The district court's 66-page opinion was a legal tour-de-force that not only dismantled California's justifications for the ban, but also reiterated and reinforced the constitutional and historical basis for the right to keep and bear arms. As I wrote last year, this paragraph from the district-court opinion is nearly-perfect:
 

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GeePeeDoHolic
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Yet the Ninth Circuit's language - rooted in the history of the amendment - links constitutional protection to a weapon's potential militia use. In other words, the "military style" moniker actually connects the guns in question to the historic purpose of the right to bear arms.
But, but, I thought this line of thinking was "dead"
 

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Man of Myth and Legend
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Remember, the 9th Circuit is the looney tune left coast court. About 80% of their cases that go up to SCOTUS are overturned. I am sure everyone out there hopes this one will be also. I suspect they are a bit scared of Kavanaugh though.

Nemo
 

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I think it was a 3 judge panel that ruled. It may be reheard en-bac and the decision reversed.
 

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American
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So if the case is reheard en banc can Duncan, et. al. request the case instead be heard before the SCOTUS? I would think by then Kavanaugh would be in place. This could only help.

It's happened previously where there is a favorable 2A case decision by the 9th, then announced to be reheard en banc, and the favorable decision gets wiped from precedence. Then after a years's time the case is actually reheard, then another year's time the 9th circus reverses the three judge panel decision. Unconscionable.

The sooner Kavananaugh is seated the better.
 

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Member Georgia Carry
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I'd like to see a million or more Californians stand up at various times and publicly state they still have their normal capacity magazines, and never intended to give them up.
 

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Lawyer and Gun Activist
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That District Court judge's opinion is SO pro-gun, pro- liberty, it almost seems like an April Fools joke.
 

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Swollen Member
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It'll all be erased by the 9th Circuit.
 

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Lawyer and Gun Activist
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If 10 round mags are just fine for self-defense and taking on even multiple armed intruders in your home, which is the California Attorney General's position, WHY DON'T COPS CARRY SUCH MAGS? Why do regular uniform cops on the beat carry guns that hold 17 rounds with another 34 rounds in spare mags on their belts???
 

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WHY DON'T COPS CARRY SUCH MAGS?
Because legislators keep sticking the ubiquitous "Section XYZ shall not apply to active duty federal, state and local law enforcement personnel." Blame the idiots who write the laws.
 

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It'll all be erased by the 9th Circuit.
Most likely but remember that the 9th's make-up is changing thanks to Trump's appointments. I can't say whether that will have any real effect at this time but then there's always the Supreme Court. I thought the ruling was very pro-2nd Amendment and well thought out.
 
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