2A: 9th Circuit Holds 'Large Capacity' Magazines are Protected by 2nd Amendment

[ssb]

Who picks the en banc panel. If it's truly random, I have a feeling CA may not want to roll the dice. If it's "random..."

[Mark D]

Exciting news for those of us in CA. I bought some mags during "Freedom Week", and will probably add more to my collection.

I just did a quick check of Brownell's, Midway, and CDNN but didn't see anything on those websites to indicate they're ready ship to CA yet.

[joshs]

Who picks the en banc panel. If it's truly random, I have a feeling CA may not want to roll the dice. If it's "random..."

It's randomly selected by the court's clerk (or deputy clerk) with at least one judge witnessing the draw. See the Ninth's version of FRAP 35-3 http://cdn.ca9.uscourts.gov/datastor...rules/frap.pdf

[joshs]

Exciting news for those of us in CA. I bought some mags during "Freedom Week", and will probably add more to my collection.

I just did a quick check of Brownell's, Midway, and CDNN but didn't see anything on those websites to indicate they're ready ship to CA yet.

Technically the lower court's stay is still in effect.

[Mark D]

Technically the lower court's stay is still in effect.

Interesting. Does the lower court have to make an announcement that the stay is lifted?

[DMF13]

This is a very interesting and tough to predict situation. 4 years ago I would have said it was likely to get an en banc hearing, and just as likely to be overturned. Now, with the recent changes to the 9th Circuit both sides are in a tough spot.

The State risks either not getting an en banc review, or they risk getting one with judges that will support the original panel. Further by pursuing this further they risk a highly unpredictable Supreme Court ruling.

The plaintiffs have only a slightly better position, as they can hope the ruling stands, and is not pursued at the Supreme Court. However, they too risk a highly unpredictable Supreme Court ruling.I
All assuming the Court would even grant cert, and based on recent gun cases that doesn't look good.

Anyone wishing this to go to the Supreme Court should keep in mind, if the Court agrees to hear it, by the time the case actually is heard, and decided, there the makeup of the Court could be much different. Not only is Justice Ginsburg's age/health a factor, it should be noted Justices Breyer, Thomas, and Alito, are all over 70, and with the exceptions of Justices Kavanaugh and Gorsuch, everyone else on the Court is over 60. All of them are high risk if they get COVID-19 just based on age. Other health factors could be a problem too.

All of this going on when it's uncertain who will be making any possible appointments, and it's uncertain what the makeup of the Senate will be like when those possible appointments are made.

I wouldn't want to place bets on how this will end up.

[McD]

Isn't the next hurdle an en banc hearing?

Probably, yes.

[11B10]

The 9th: "Oh, you mean THAT Constitution?!?"

[Mark D]

For what it's worth, PSA is accepting mag orders from California. I imagine they'll hold off on shipping for a while.

[Wayne Dobbs]

This puts the state of California in a spot... If they go to the USSC, to try to get this overturned, the ruling stands until the issue is decided, If the USSC declines to hear the case, like they have 10 other 2Acases, the ruling stands.. DiFi, Nancy and a few others are probably blowing a fuse right about now.. For you folks in California, this is your big chance, get’em while you can, because I have no doubt that the Attorney General of California is scrambling to come up with a appeal...

This will certainly go to an en banc review that will set things back the way they were. Given how Roberts has moved to the left on so many things lately, I'm not sure we want this in SCOTUS.