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Thread: Judge Benitez is hearing a challenge to the CA AWB today!

  1. #71
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    Quote Originally Posted by WobblyPossum View Post
    I’ve been reading through Judge Benitez’s written decision and find his arguments well reasoned and persuasive. I’m getting annoyed at all of the negative coverage the decision has received in which the line about Swiss Army knives is quoted without anything else. It shows the writer hadn’t read past the opening paragraph. I’m about a third of the way through and will continue. This makes me want to read through the magazine capacity decision he issued as well.
    Heck, they can't even make it past the first sentence!

  2. #72
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    Quote Originally Posted by Shotgun View Post
    @joshs You linked to the Grewal Petition. Did you mean to link to another case?
    Nope, I was just saying that if SCOTUS wants to go all-in on 2A right now, they certainly have the opportunity. I don't think it's likely they'll grant ANJRPC, but, if they do, things will get very interesting.

  3. #73
    Site Supporter Erick Gelhaus's Avatar
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    Quote Originally Posted by WobblyPossum View Post
    I’ve been reading through Judge Benitez’s written decision and find his arguments well reasoned and persuasive. I’m getting annoyed at all of the negative coverage the decision has received in which the line about Swiss Army knives is quoted without anything else. It shows the writer hadn’t read past the opening paragraph. I’m about a third of the way through and will continue. This makes me want to read through the magazine capacity decision he issued as well.
    I'm quite favorably impressed with the effort he, and others, are putting into his written opinions on the cases.

  4. #74
    Member Shotgun's Avatar
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    Quote Originally Posted by joshs View Post
    Nope, I was just saying that if SCOTUS wants to go all-in on 2A right now, they certainly have the opportunity. I don't think it's likely they'll grant ANJRPC, but, if they do, things will get very interesting.
    Got it, and thanks. You're right. A decision on a magazine capacity ban would be going all in.
    "Rich," the Old Man said dreamily, "is a little whiskey to drink and some food to eat and a roof over your head and a fish pole and a boat and a gun and a dollar for a box of shells." Robert Ruark

  5. #75
    Revolvers Revolvers 1911s Stephanie B's Avatar
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    Quote Originally Posted by joshs View Post
    Why do you think CA will lose at the Ninth Circuit? The odds are still strongly in the government's favor for a panel draw.

    Also, the Rupp case, which is effectively challenging the same thing as this case, has already been argued and is stayed pending a decision from the en banc court in the Duncan case.

    Even when we win in the Ninth, the government just appeals and the en banc court always sides with the government. If we can't create a circuit split (unlikely because the circuits where we can win aren't likely to have a state that bans AWs) or get a win en banc in the Ninth due to a lucky en banc judge draw, then it is unlikely SCOTUS will intervene.
    I don't, but I suspect that even without a circuit split, there may be enough justices on the court who want to reinforce Heller. As you know, it takes four to grant certiorari.
    If we have to march off into the next world, let us walk there on the bodies of our enemies.

  6. #76
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    They need to take a case or two that does two things:

    1. Clearly eliminates state bans on weapons and magazine types
    2. Clearly supports that states must be at least easily obtained shall issue on concealed carry.

    Yes, there's OC, constitutional carry, SBRs, reciprocity, suppressors, etc. - but these are the two. No futzing around with lesser importance nuances. Do the progun justices have the fire in the belly for sweeping decisions and not get lost in the weeds or put in poison pills like Heller had. That will be determine in about 300 years.

    Legislative solutions like the SAGA act are impossible as the Demcrats wouldn't and Mitch and company wouldn't get rid of a fund raiser, send a check point or two.

  7. #77
    Abducted by Aliens Borderland's Avatar
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    9th upholds the lower court. CA appeals. SC upholds the 9th and bingo, no more state AR bans in the US. Who's going to bet on that?

    9th does what every other US district court does and doesn't uphold the lower court. They have a history.

    AR's are banned in California, Connecticut, Hawaii, Maryland, Massachusetts, New Jersey and New York. They got there by US district court decisions. The 9th isn't any different.

    Lets not get carried away here folks. 10 % of the population of the US lives in CA and most of them love their AWB. Oh, and don't forget the VP is from CA.
    Last edited by Borderland; 06-08-2021 at 08:30 PM.
    In the P-F basket of deplorables.

  8. #78
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    Quote Originally Posted by Borderland View Post
    I'm not up on court cases but hasn't this AR ban in several other fed district courts like the 1st and 2nd been upheld? How does the 9th district court, even if they uphold the lower courts decision, change anything. CA would have to appeal to the SC? In doing so doesn't that more or less open Pandora's box for every other state in the US to not be able, or not be able, to enforce an AR ban? So far it's been a states rights issue. Take it to the SC and it's no longer a states rights issue like Heller and McDonald.

    I could see where that might be a yuge gamble on CA's part. They could easily jack the rest of the countries AR bans on one 50 yd field goal attempt. Then everyone would really hate anyone from CA.
    California will appeal to the Ninth Circuit. When appealing to a circuit court, a three judge panel hears the case. If California wins, the plaintiffs/petitioners would likely appeal to SCOTUS. If the panel were to uphold the district court decision, California would likely seek en banc review of the panel decision. In normal en banc review, the all the judges of the circuit hear the case, but the Ninth is so big, that they instead use 11 judges (10 randomly selected judges and the chief judge) for en banc review. So far, any positive panel decisions in 2A cases have been overturned en banc in the Ninth Circuit. If that were to happen, the plaintiffs could then petition SCOTUS to hear the case, but as I mentioned up thread, SCOTUS generally looks for cases where there is a circuit split (there wouldn't be here) or where the government is appealing from an adverse decision from a circuit court.

    If SCOTUS decides an issue, then all the circuits are bound by that decision. States might attempt to preemptively change their laws or they could wait to be forced to by plaintiffs filing an action in a federal district court, which would now be bound by the new SCOTUS decision.

    As an example, D.C. lost Heller at the D.C. Circuit and appealed to SCOTUS. D.C. then lost at SCOTUS and created precedent that the 2A protects an individual right and forecloses a ban on handgun possession or a storage requirement that requires firearms to be kept in a nonfunctional condition. When D.C. lost on carry outside the home, it chose not to appeal to SCOTUS rather than risk a SCOTUS decision that would have recognized a clear right to carry.

  9. #79
    Tactical Nobody Guerrero's Avatar
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    "The victor is not victorious if the vanquished does not consider himself so."
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  10. #80
    Chasing the Horizon RJ's Avatar
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    Quote Originally Posted by Guerrero;[URL="tel:1234851"
    1234851[/URL]Court of Appeals blocks it:

    https://www.nationalreview.com/news/...t-weapons-ban/
    Was this the en banc ​ review that @joshs talked about? Asking if this is where it goes to SCOTUS? (I assume only if they take the case - IANAL and all that).

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