9th Circuit rules that the ban on possession of magazines that hold more than ten rounds of ammunition violates the 2nd Amendment.

[KZP]

BREAKING: Duncan v Becerra (9th Circuit): 9th Circuit rules that the ban on possession of magazines that hold more than ten rounds of ammunition violates the 2nd Amendment.

2 DUNCAN V.BECERRABefore: Consuelo M. Callahan and Kenneth K. Lee, Circuit Judges, and Barbara M. G. Lynn,* District Judge.Opinion by Judge Lee; Dissent by Judge Lynn SUMMARY**Second AmendmentThe p…

looserounds.com

2 DUNCAN V.BECERRABefore: Consuelo M. Callahan and Kenneth K. Lee, Circuit Judges, and Barbara M. G. Lynn,* District Judge.Opinion by Judge Lee; Dissent by Judge Lynn SUMMARY**Second AmendmentThe panel affirmed the district court’s summary judgment in favor of plaintiffs challenging California Government Code § 31310, which bans possession of large-capacity magazines (“LCMs”) that hold more than ten rounds of ammunition; and held that the ban violated the Second Amendment.The Ninth Circuit employs a two-prong inquiry to determine whether firearm regulations violate the Second Amendment: (1) whether the law burdens conduct protected by the Second Amendment; and (2) if so, what level of scrutiny to apply to the regulation. United states v. Chovan, 735 F.3d 1127, 1136 (9th Cir. 2013)The panel held that under the first prong of the test, Cal. Penal Code § 32310 burdened protected conduct. First, the panel held that firearm magazines are protected arms under

 

[theLBC]

\o/

wonder when freedom week starts again.

 

[KZP]

Need a lawyer to help enlighten us on how broad this ruling is for the country.

 

[sea2summit]

This is just the appeal after last years ruling correct? Are they going to try to go to supreme with it or is CA gonna throw in the towel?

 

[Powder_Burns]

Would be nice if Colorado would ditch their stupid mag ban so I can get some 20rd mags for my bolt action .22lr.

 

[theLBC]

This is just the appeal after last years ruling correct? Are they going to try to go to supreme with it or is CA gonna throw in the towel?

don't know yet. bacerra ruled it illegal last year, but they got a stay on his ruling after 2 weeks of freedom, and looks like the court removed that.
whether they appeal again i don't know, but i assume they will use my taxes to keep trying to take my freedoms away.

 

[ForgeValley]

Dudes, if you need a mag in the near future, buy now. That sucking sound you are about to hear is California shooters hoovering up every mag in existence.

 

[MarinePMI]

About damned time!

 

[Howland]

It is one ruling in one federal circuit (the last circuit you would expect), but potentially huge in that it says both that it interferes with a fundamental right and that strict scrutiny is the correct standard of review (consistent with Heller).

This likely goes to en banc review by the entire circuit and given their reputation a likely reversal but that expected reversal and the arguments and rationale for reversal are precisely what would eventually be heard by SCOTUS.

Potentially this is a major win but it will still take years to play out. What might be more important is the makeup of SCOTUS by the time it gets there and whether they will even consider hearing the case.

 

[MarinePMI]

I think with the SCOTUS shaped as it is now, they would be loathe to push it further. Primarily because there would be no point. Every Californian (as mentioned) is going to buy all the regular capacity magazines they can. Pandora's box has been opened...

 

[ForgeValley]

And just like that....

 

[IrishWind]

This ruling should apply to all Jurisdictions that the 9th Circus covers. See map below.
I do have a law degree, but am not practicing, so take this more of a legal observer's opinion.
There will be a slight fury of activity for gun owners (yay). Cali will likely get a stay/injunction and the ban will go back in as Cali tries to appeal this. And then Cali and the States outside the 9th start a soul searching because other States and cities with similar bans are now going to be facing challenges. And if another circuit court says 10 round limits are legal, then the stage is set where the US Supreme Court will have to hear the case. And with Roberts looking more like a liberal Judge everyday, I am not sure if this is going to be a good thing. But I am also thinking the left is looking at the Court as 5-4 against them and not wanting to roll the dice either.

 

[chrome]

Best news in fucking months.

 

[pmclaine]

Why elections matter.

There has been a "seeding" of Constitutionalists that actually read the fucking document it appears.

 

[Claluja]

Nice writeup Navynambu! Btw, think 4th Circuit (MD, VA, NC, SC, WV) is now the most liberal federal appeals court. Trump has done a good job with 9th Circuit.

 

[Threadcutter308]

This ruling should apply to all Jurisdictions that the 9th Circus covers. See map below.
I do have a law degree, but am not practicing, so take this more of a legal observer's opinion.
There will be a slight fury of activity for gun owners (yay). Cali will likely get a stay/injunction and the ban will go back in as Cali tries to appeal this. And then Cali and the States outside the 9th start a soul searching because other States and cities with similar bans are now going to be facing challenges. And if another circuit court says 10 round limits are legal, then the stage is set where the US Supreme Court will have to hear the case. And with Roberts looking more like a liberal Judge everyday, I am not sure if this is going to be a good thing. But I am also thinking the left is looking at the Court as 5-4 against them and not wanting to roll the dice either.

Makes perfect sense. Thx

 

[pmclaine]

Basically, on some of the 2nd Amendment constitutional issues raised, the 3 judge panel ruled that there there was no factual dispute as to the facts that there are already hundreds of millions of large capacity magazines acquired legally and legally owned by CA citizens, and the state's johnny-come-lately statues making possession of them illegal unduly infringed on the citizens constitutional rights (when viewed on balance against the statue's interests in and power to prohibit things like nuisance and dangerous commodities) and that the state statues making possession illegal was far too overbroad and thus the statues were violated the citizens' constitutionally interests and were struck down. Obviously, the decision is 80+ pages so it says a lot more, but really none of it good for the State of Calif. in striking down the blanket prohibition of all LCMs.

It's an excellent decision, well written and and applies the correct federal constitutional scrutiny level analyses, but it's just a 3 judge panel decision. The state will likely request an en banc hearing before all the Ninth Cir. judges which will take a while to go thru the system. If the state does not do that and does not appeal to SCOTUS, then the 3 judge decision will become "final," but it's not final yet, just interlocutory.

It's important to note the decision is just binding in the Ninth Circuit, if it does become "final." The Ninth Circuit includes WA, OR, CA, AZ, Hawaii and Alaska (and I think they've added ID and Montana) . It's important to note the Ninth Circuit is the most liberal circuit in the nation, and the Circuit which is most reversed by SCOTUS, so to have this come out of this Circuit is rather interesting, perhaps a liberal awakening to gun rights in light of all the recent riots??; even liberals seem to buy and want guns now, as has been discussed in other treads here!!

Perhaps it will strengthen the idea of "In common use" and all that would imply.

Now we have to get them to accept that term in relation to "the current arms of an infantry platoon".

That afterall is what 2A is designed to give the citizen equality to and protection from.

 

[MarinePMI]

I'd be happy if that "in common use" idea was applied to suppressors as well...

 

[ken226]

NRA is pretty sad. What have they done for 2a?

Fuck the NRA. They haven’t done jack shit for years

Fuck the NRA, burn it to the ground, dissolve it all, get rid of that organization.

There is no group in the world that has created more gun control than the NRA. They have conceived and authored more gun control than any other group. Bloomberg wishes he could be the NRA one day. They create gun control to scream for more money. They don't get money when they're winning, they get money when they're losing. They fire anyone that speaks out. Fuck the NRA.

I really hope the worthless-inbred-puppy called the NRA goes away so that the rabies-infected-baboons called GOA and FPC can get mainstream attention and start to do real work.

This guy needs your hard earned money.......ha ha Fuck that the NRA will never get another penny of my money they can go fuck themselves!

NRA Funded LaPierre's Search for $6 Million Mansion, Document Shows

In news reports this week, the National Rifle Association’s outside counsel, William A. Brewer III, has insisted that “not a cent” of the nonprofit’s money was “ultimately spent” on a plan to buy a multimillion-dollar Dallas mansion for top executive Wayne LaPierre. But a document obtained by...

www.thetrace.org

F*** the NRA, they serve no purpose anymore, if ever. I’ll never give them another cent. Just like everybody else in the world, all they were/are worried about is $$ in there pocket.

NRA is just a Jesse Jackson-style hustle, except using a cause we all believe in instead of race baiting to take your money - change my mind.

To everyone who is still supporting the NRA send a letter, email, text or twitter message to Wayne and his cronies and ask them to resign to save the organization.
Let us know if they give a shit.

Don't go making me giddy now.... I hope the NRA never has another legislative win, ever... because every time they "win", it costs us rights. I can't think of a single time the NRA has done anything of any positive significance. The only thing coming to mind is all the times they've stabbed Americans in the backs.

The second half is hilarious. Yeah, this nation might be disarmed, and in LARGE part due to the ridiculous Elmer Fudd image that the NRA says all gun owners should be.

It's a Modern Sporting Rifle, not an assault rifle! Here look at this Taurus Curve! Don't forget to read the section of our paper that talks about grandmas fending off villains in her bedroom! Donate now for common sense gun control!

Sorry, I couldn't help it.

 

[pmclaine]

Sorry, I couldn't help it.

Reminds me of "Even a blind squirrel.........."

 

[IrishWind]

OK, I just read that the law was possession on 'large capacity' magazines. Prohibitions on buying and selling them in Cali is a separate law that this ruling doesn't look to touch. So Cali residents might want to wait a second before slapping down their credit card until a clear understanding of today's ruling covers.

The good news is this ruling would help if there is ever a Beto-esque Mandatory Buy Back law ever passed. God forbid if it ever happened.

 

[UpSideDown]

Sorry, I couldn't help it.

I don't understand what you're saying? The NRA didn't do this. If you want to say thanks to someone, it should be to Firearms Policy Coalition or the Honorable Benitez.

 

[MarinePMI]

Yep. The NRA no where to be found...smdh...kind of like Heller vs DC

 

[ken226]

@MarinePMI
@UpSideDown

Funded by the NRA ILA and CRPA.

Major Win: Federal Judge Strikes Down Magazine Ban - CRPA

California Rifle & Pistol Association

crpa.org

NRA-ILA | California: 9th Circuit Issues Stay, Reinstating Ammo Restrictions

The following order came out from the 9th Circuit Court of Appeals, granting a temporary stay on the injunction issued in the NRA funded case of Rhode v. Becerra.

www.nraila.org

Quote from the article:

"NRA funded case of Rhode v. Becerra"


Some of you guys would bitch if they hung ya with a golden rope.

 

[MarinePMI]

OK, I just read that the law was possession on 'large capacity' magazines. Prohibitions on buying and selling them in Cali is a separate law that this ruling doesn't look to touch. So Cali residents might want to wait a second before slapping down their credit card until a clear understanding of today's ruling covers.

The good news is this ruling would help if there is ever a Beto-esque Mandatory Buy Back law ever passed. God forbid if it ever happened.

But the law is about possessing them, not selling them. The sell issue is moot.

 

[Claluja]

Copied from news article:

"It upholds a 2017 ruling by San Diego-based U.S. District Judge Roger Benitez, who blocked a new law that would have barred gun owners from possessing magazines holding more than 10 bullets.

But he and the appeals court went further by declaring unconstitutional a state law that had prohibited buying or selling such magazines since 2000. That law had let those who had the magazines before then keep them, but barred new sales or imports."

 

[BytorJr]

Why elections matter.

There has been a "seeding" of Constitutionalists that actually read the fucking document it appears.

Agree "pm".

By damn, people who don't like Trump because of his sometimes (ok, a lot of the times) outlandish tweets (I happen to like them though for the most part), need to get over it, grow some gumption, and VOTE for TRUMP or watch ALL liberty die within 100 days to 2 years. GONE, forever. These last 3 elections have been important, and the last (2016) was the most important this side of Reagan getting elected (maybe more-so) but this is probably the most important election in the history of the USA post-1865.

 

[UpSideDown]

@MarinePMI
@UpSideDown

Funded by the NRA ILA and CRPA.

Major Win: Federal Judge Strikes Down Magazine Ban - CRPA

California Rifle & Pistol Association

crpa.org

NRA-ILA | California: 9th Circuit Issues Stay, Reinstating Ammo Restrictions

The following order came out from the 9th Circuit Court of Appeals, granting a temporary stay on the injunction issued in the NRA funded case of Rhode v. Becerra.

www.nraila.org

Quote from the article:

"NRA funded case of Rhode v. Becerra"


Some of you guys would bitch if they hung ya with a golden rope.

The NRA will continue to argue the retarded "in common use" nonsense that will always continue to only erode our rights. Sometimes they get lucky and the rest of the team carries them through the end of the game. I don't thank the NRA for anything. They're one of the greatest enemies of gun owners. I'm not going to appreciate this win on behalf of the NRA unless I can see exactly what the NRA said. Normally they don't help in the long run.

 

[ken226]

I don't know if the NRA actually argued anything at all in court.

But having PAID for it, might imply having had something to do with the win. Perhaps it would have still happened without funding.

 

[ForgeValley]

You bastards already bought out all the PMAGs at that link above.

Good job.

 

[UpSideDown]

TargetSports didn't waste any time putting their mags at $20 this morning

 

[Franko]

Last time around I bought magazines for handguns I didn't even own. Time to step up my game...

 

[powdahound76]

I'd be happy if that "in common use" idea was applied to suppressors as well...

I still hold a little hope that my boy DJ (also known as Mr President) kinda let that slide off till his lame duck term.

Too much win for the 2nd would be the only thing the Karens and rest of the libs would vote on.
Of course COVID and the Antifa riots have made a lot of people reconsider their prior thoughts about gun ownership.

Hoping for it after the win in November. My ears would be thankful.

 

[clcustom1911]

Need a lawyer to help enlighten us on how broad this ruling is for the country.

Has only to do with California law. If you're in NY, etc, you're still fucked for now.

 

[pmclaine]

I don't know if the NRA actually argued anything at all in court.

But having PAID for it, might imply having had something to do with the win. Perhaps it would have still happened without funding.

Man they file a mean "Amicus Brief" when they can take the time from a suit fitting.

 

[pmclaine]

I still hold a little hope that my boy DJ (also known as Mr President) kinda let that slide off till his lame duck term.

Too much win for the 2nd would be the only thing the Karens and rest of the libs would vote on.
Of course COVID and the Antifa riots have made a lot of people reconsider their prior thoughts about gun ownership.

Hoping for it after the win in November. My ears would be thankful.

But the "First we take them, than due process........."

 

[ken226]

Has only to do with California law. If you're in NY, etc, you're still fucked for now.

I believe Hawaii also has a magazine capacity law, and both WA and OR have had similar bills introduced that would restrict magazines. Those 3 states are also under the 9th circuit.

I guess WA and OR can go ahead and shelf their mag limit bills.

 

[IrishWind]

Good write up here:

[BREAKING] 9th Circuit: California Magazine Ban Unconstitutional - Again -

This morning, August 14th, 2020, the 9th Circuit Court of Appeals has struck down California's law against magazines that can hold more than 10 rounds of ammunition.

www.thefirearmblog.com

 

[theLBC]

heard primary arms is already taking order for californians.

 

[pmclaine]

The NRA will continue to argue the retarded "in common use" nonsense that will always continue to only erode our rights. Sometimes they get lucky and the rest of the team carries them through the end of the game. I don't thank the NRA for anything. They're one of the greatest enemies of gun owners. I'm not going to appreciate this win on behalf of the NRA unless I can see exactly what the NRA said. Normally they don't help in the long run.

"In common use" when first applied referenced the arms of the most modern infantry platoon - US vs Miller.

Had Miller not died and his lawyers introduced any of the common Arsenal trench guns we would be rocking short barrel shotguns.

Likely the reason MGs were not banned but subject to taxed.

I think the case could be made MGs are not only in common use but they are organic to an infantry platoon and therefore should be available to the militia, i.e. The People.

The Founding Fathers envisioned us as Switzerland but unlike that country they feared the enemy within rather than the enemy outside the borders.

 

[pmclaine]

If Roberts would go or RBGs deal with the Devil were cashed in we might actually see the SCOTUS take a case to incorporate the 2A.

Thinking if Trump wins Thomas and Alito retire.

RBG gets pumped with Vitamultin but nature will take its course.

If Biden wins its Court Packing time, thirteen justices.

 

[pmclaine]

Hopefully I would think much every judge would agree that phrase should not be construed to just describing a group of Redcoats in 1776, or all we'd have is Brown Bess flintlocks...

"Current" is the key word.

Freedom of speech applies to the television speech also.

 

[TxWelder35]

Sorry, I couldn't help it.

I’d like to see how much the NRA actually had anything to do with this or if they put $1000 in the hat and claimed they made a difference

 

[UpSideDown]

"In common use" when first applied referenced the arms of the most modern infantry platoon - US vs Miller.

Had Miller not died and his lawyers introduced any of the common Arsenal trench guns we would be rocking short barrel shotguns.

Likely the reason MGs were not banned but subject to taxed.

I think the case could be made MGs are not only in common use but they are organic to an infantry platoon and therefore should be available to the militia, i.e. The People.

The Founding Fathers envisioned us as Switzerland but unlike that country they feared the enemy within rather than the enemy outside the borders.

"In Common Use" is also a great way to get rid of firearms. Our government doesn't consider the military to be The People in court cases that I've ever known of. If machineguns came up in court again, they could say they may be banned because they are not in common use - because the court made them almost impossible to acquire. They could ban silencers for the same reason; they could say "only X% of gun owners use silencers" - directly grounded in the courts already making suppressors incredibly difficult to acquire and own.

 

[Gregor.Samsa]

I was just about to post this. Pretty stoke. Now we need to fight the background check for buying ammo and the stupid "evil features" on semi auto rifles. Gotta eat the elephant one bite at a time.

 

[beenjammin]

wow. best news of 2020 so far. Maybe this will trend.

 

[Alphatreedog]

Man I hope this applies to my neighbors in New Jersey . Fuck Phil Murphy . Balls n all , tonsil lockin , no gag reflex , Commie traitor , striated man sphinter lickin , toilet bowl brush squatin , douche fuckin bag .

 

[pmclaine]

"In Common Use" is also a great way to get rid of firearms. Our government doesn't consider the military to be The People in court cases that I've ever known of. If machineguns came up in court again, they could say they may be banned because they are not in common use - because the court made them almost impossible to acquire. They could ban silencers for the same reason; they could say "only X% of gun owners use silencers" - directly grounded in the courts already making suppressors incredibly difficult to acquire and own.

In MA I hear Lawful MG fire every range trip.

What becomes an issue I see when the mil moves to directed energy weapons than we may be screwed assuming those type weapons are developed in a govt controlled DARPA rather than through the free market as most other advances are.

I want my own Han Solo blaster and believe the Constitutions memorializes my natural right to have one while restricting the govt from saying I can't.

Still 2A references bearing "arms" and it's insane to think the FF would ever imagined that the People would be at disadvantage to the arms that could be used against them by tyrannical govt.

Insane but lots of judges do just that's for political rather than Constitutional reasons.

 

[Rlandry]

This has come around before and will do so again. Pick up your extra HC magazines while there is a lull in the storm. An extra stripped lower, if you can find one.

 

[Gregor.Samsa]

Brownells website is crashing right now lol. just tried ordering. my buddy said same for Midway.