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View Full Version : 9th Circuit Strikes down magazine limits



alamo5000
14 August 2020, 10:49
I'm not a lawyer and I haven't read all 81 pages... but maybe another freedom week is coming to California.

http://looserounds.com/2020/08/14/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/

n4p226r
14 August 2020, 12:09
you have to read the first 10 or so pages. its a huge ruling and I pray one day it'll help those of us in BAN states. sadly, especially after the last Supreme Court inactivity, I have little hope of the courts helping us in the long run

VIPER 237
14 August 2020, 15:22
So if the Supreme Court does not hear the case does that mean that it will remain struck down/unconstitutional? Also I love how they mentioned the puckle gun

alamo5000
14 August 2020, 16:52
So if the Supreme Court does not hear the case does that mean that it will remain struck down/unconstitutional? Also I love how they mentioned the puckle gun

I have a friend that practices law out there. I asked him this question so I will see if he responds in a timely manner.

There are a lot of procedural things that go into this stuff so it's best to ask a professional.

UWone77
14 August 2020, 17:10
Californians have basically crashed the Brownells site buying up any and all magazines. LOL Just what the gun industry needed during the already crazy pandemic. #GoFreedom

fledge
14 August 2020, 17:41
So if the Supreme Court does not hear the case does that mean that it will remain struck down/unconstitutional? Also I love how they mentioned the puckle gun

My understanding this was some sort of partial ruling by 3 judges. Will be appealed to the whole 9th circuit next.

alamo5000
14 August 2020, 17:42
Per my lawyer friend if this came from a 3 judge panel the losing party can request an en banc review from a larger panel. After that it's straight to the SCOTUS.

I'm not buying any mags now and for a while, not that I need any but I want to make it easier for those behind enemy lines. If people local to me need one or two I can hook them up and replenish later.

Eric
14 August 2020, 18:57
Good on Judge Lee.
"California's near-categorical ban of LCMs [large-capacity magazines] infringes on the fundamental right to self-defense," Judge Kenneth K. Lee wrote in the majority opinion.

"It criminalizes the possession of half of all magazines in America today. It makes unlawful magazines that are commonly used in handguns by law abiding citizens for self-defense. And it substantially burdens the core right of self-defense guaranteed to the people under the Second Amendment."

UWone77
14 August 2020, 21:19
Good legal advice for CA residents:

https://gunmagwarehouse.com/blog/california-magazine-ban/?avad=221973_a1c641db5

n4p226r
15 August 2020, 08:54
Per my lawyer friend if this came from a 3 judge panel the losing party can request an en banc review from a larger panel. After that it's straight to the SCOTUS.

I'm not buying any mags now and for a while, not that I need any but I want to make it easier for those behind enemy lines. If people local to me need one or two I can hook them up and replenish later.


thats pretty much the route it would take. if en banc is denied and the supreme court refuses to hear it, then mag limits are still enforceable outside the 9th circuit's jurisdiction

alamo5000
15 August 2020, 10:39
thats pretty much the route it would take. if en banc is denied and the supreme court refuses to hear it, then mag limits are still enforceable outside the 9th circuit's jurisdiction

I would take it if that's what ultimately transpires. California is a big one to be struck down. There are also a ton of loons in the PNW. I am not sure of magazine limits in other places, but leftists in Nevada, maybe Oregon, and Washington probably won't be too pleased... but eff those guys.

I am not sure where else has magazine restrictions but if this holds it certainly won't hurt.

n4p226r
15 August 2020, 14:53
I would take it if that's what ultimately transpires. California is a big one to be struck down. There are also a ton of loons in the PNW. I am not sure of magazine limits in other places, but leftists in Nevada, maybe Oregon, and Washington probably won't be too pleased... but eff those guys.

I am not sure where else has magazine restrictions but if this holds it certainly won't hurt.

a win is a win. take what we can get.

for those wondering, this is where the 9th circuit covers
District of Alaska
District of Arizona
Central District of California
Eastern District of California
Northern District of California
Southern District of California
District of Hawaii
District of Idaho
District of Montana
District of Nevada
District of Oregon
Eastern District of Washington
Western District of Washington

https://upload.wikimedia.org/wikipedia/commons/thumb/e/e7/9th_Circuit_map.svg/1024px-9th_Circuit_map.svg.png7487

Stone
15 August 2020, 22:06
Nice to see our brothers in CA. finally getting some relief from all the BS. Hopefully this sticks...

n4p226r
29 August 2020, 18:21
As expected. Cali lawyers requested en banc hearing.