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Thread: 9th Circuit upholds California ban on high-capacity ammo magazines

  1. #51
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    From the San Diego Union Tribune:

    The 9th Circuit agreed on Monday to the advocates’ request to stay the possession part of the law for 150 days to allow time for the writ of certiorari to be filed. If the petition is filed during that period, the stay will be extended until the high court makes a determination on whether it will consider the case.
    https://www.sandiegouniontribune.com/news/courts/story/2021-12-21/gun-magazine-supreme-court

  2. #52
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    Edge of my lane re Con Law, especially in the 9th circuit as I have exclusively practiced in the 8th whose reversal rate by the USSC has historically been much lower than the 9th.


    That 150 day stay in enforcement is a nuanced position that, in my personal opinion, reflects a tacit acknowledgement that the USSC may overrule the 9th such that enforcement in in the interim would create far more problems than it solves.

    I would absolutely defer to those with more Con Law experience, particularly those who have practiced and/or studied the 9th circuit jurisprudence.
    I am not your attorney. I am not giving legal advice. Any and all opinions expressed are personal and my own and are not those of any employer-past, present or future.

  3. #53

    NRA-ILA Asks Supreme Court to Strike California's Magazine Ban

    https://www.nraila.org/articles/2022...s-magazine-ban

    Fairfax, Va. - The National Rifle Association’s Institute for Legislative Action (NRA-ILA) partnered with the California Rifle & Pistol Association (CRPA) yesterday to petition the Supreme Court to hear a challenge to California's ban on magazines capable of holding more than ten rounds.

    "California’s ban violates the Second Amendment, the Takings Clause, and the fundamental right of self-defense," said Jason Ouimet, executive director of NRA-ILA. "The reason Americans choose these commonly owned magazines is the same reason law enforcement does - to better defend themselves, their loved ones, and their communities from violent attack."


    PETITION FOR WRIT OF CERTIORARI
    https://michellawyers.com/wp-content/uploads/2022/03/2022-02-28-Duncan-Cert-Petition-FINAL.pdf

    The questions presented are:
    1. Whether a blanket, retrospective, and confiscatory law prohibiting ordinary law-abiding citizens from possessing magazines in common use violates the Second Amendment.

    2. Whether a law dispossessing citizens without compensation of property that was lawfully acquired and long possessed without incident violates the Takings Clause.

    3. Whether the “two-step” approach that the Ninth Circuit and other lower courts apply to Second Amendment challenges is consistent with the Constitution and this Court’s precedent.

  4. #54
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    Good let's see if Scotus can actually take this case and have a clear decision. Of course, that will mean that I have to pay good money for more mags for various handguns and long arms. I might have to buy a new higher capacity EDC!

    Of course, by the time this gets through the court, we will be up to Glock Gen 8 with XRay Vision Dot sights that project a dot on the vital organs of the enemy.

    Seriously, fingers crossed on this one.

  5. #55
    Site Supporter Shotgun's Avatar
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    Quote Originally Posted by Glenn E. Meyer View Post
    Of course, by the time this gets through the court, we will be up to Glock Gen 8 with XRay Vision Dot sights that project a dot on the vital organs of the enemy.
    This is, of course, the handgun preferred by those of us who can no longer get a hard focus on the front sight.

    With five and a half conservatives on the SC, we at least have a hope that the High Court will take this one on.
    "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

  6. #56
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    The most likely scenario is that they will grant, vacate, and remand this case (and several other gun cases) when they decide NYSRPA v. Bruen. That's their normal practice when they have cases before them that could be affected by a decision they make.

  7. #57
    Site Supporter RoyGBiv's Avatar
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    Quote Originally Posted by joshs View Post
    The most likely scenario is that they will grant, vacate, and remand this case (and several other gun cases) when they decide NYSRPA v. Bruen. That's their normal practice when they have cases before them that could be affected by a decision they make.
    What's the ETA on a NYSRPA v Bruen decision?
    "No free man shall ever be debarred the use of arms." - Thomas Jefferson, Virginia Constitution, Draft 1, 1776

  8. #58
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    Quote Originally Posted by RoyGBiv View Post
    What's the ETA on a NYSRPA v Bruen decision?
    Likely not until June. The Court often holds the bigger decisions until the end of the term.

  9. #59
    Crunchenticker Devotee Suvorov's Avatar
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    Quote Originally Posted by joshs View Post
    Likely not until June. The Court often holds the bigger decisions until the end of the term.
    I truly wonder if the unfolding events in Eastern Europe may have some impact on their rulings? Maybe I’m trying to find a silver lining in the tragedy but I do find it ironic that the same people telling us we have no need for semi-automatic rifles that hold more than 10 rounds because there is no way such an armed populace could stand up to tanks are cheering the arming of babushkas in the Ukraine.

  10. #60
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    Quote Originally Posted by Suvorov View Post
    I truly wonder if the unfolding events in Eastern Europe may have some impact on their rulings? Maybe I’m trying to find a silver lining in the tragedy but I do find it ironic that the same people telling us we have no need for semi-automatic rifles that hold more than 10 rounds because there is no way such an armed populace could stand up to tanks are cheering the arming of babushkas in the Ukraine.
    Perhaps, it's difficult to know what non-legal factors influence the justices. We're certainly making that argument (as are others): https://www.nraila.org/articles/2022...their-homeland

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