California takes a step in the right way

[mustangfreek]

...for now..

As of yesterday a California judge has beat the hammer saying it’s unconstitutional against the 2nd amendment..So they stopped it for now....stock up guys...Oregon and us in WA are in the same struggles.. as others..

Also,Looks like the NRA was helping out. https://www.nraila.org/articles/2019...cond-amendment

[Stone]

APRIL FOOLS!!

[FortTom]

Yeah, I read that on the news a day or two ago. Almost fell out of my chair...

FT

[BoilerUp]

If this gets upheld and perpetuated, it will be a tremendous win. I didn't read the brief in entirety, but scanned in quickly. The logic applied appears very sound and thorough and much of the reasoning could be easily to applied to semi-autos in general and the multitude of "features" that the regressive freedom thieves go after in attempts to neuter the 2A.

[RiverRat]

I can only hope this ruling gets duplicated in Colorado, the same way that the stupid ban itself found its way here - though California's ban was "must surrender" and not a ban on sales. Ours is a sales restriction and not a surrender order, so I'm not sure if that distinction screws us.

[mustangfreek]

Ya, it’s nice to see something go our way per say..

Not gonna hold my breath, but hope others take look at these dumbass laws and turn over some...lol..ya I know...

[Eric]

The 9th Circus Court may eventually get it for review, and that won't end well.

[alamo5000]

The 9th Circus Court may eventually get it for review, and that won't end well.

"The NRA-supported case had already been up to the U.S. Court of Appeals for the Ninth Circuit on the question of whether the law’s enforcement should be suspended during proceedings on its constitutionality. Last July, a three judge panel of the Ninth Circuit upheld Judge Benitez’s suspension of enforcement and sent the case back to him for further proceedings on the merits of the law itself."

[alamo5000]

I asked a lawyer friend of mine who practices out on the west coast and he said it's possible that this decision actually WILL go go back to the 9th Circuit even though it's already been there once.

The original ruling was made by said judge, which was then reviewed by a 3 judge panel on the the 9th. Now there is a possibility that the entire 9th Circuit could re-hear this under the 'en banc review' process.

Here is a link or two that explains half in English and half in legalese what can happen next.

https://en.wikipedia.org/wiki/En_banc

https://www.law.cornell.edu/rules/frap/rule_35

[gatordev]

NRA-ILA has specifically stated they expect it to be appealed back to the 9th.

Unfortunately, Friday’s opinion is not likely to be the last word on the case. The state will likely appeal to the Ninth Circuit, which has proven notably hostile to the Second Amendment in past decisions.

[Joelski]

Shocked AF that anything pro-gun made it through the 9th district. They were probably distracted by forcing people to forgo their God-given religious beliefs to bake shit for bullies.

[alamo5000]

Shocked AF that anything pro-gun made it through the 9th district. They were probably distracted by forcing people to forgo their God-given religious beliefs to bake shit for bullies.

That's why I asked my friend about the legal procedures involved. It already went from said judge to the 9th and then back down, so my question to him was regarding the appeal process. Why the 9th would rule and then also take up the appeal both just kind of was weird to me until he told me where to look.

[gatordev]

The 9th didn't make a ruling. It punted back down to a lower court. That's where the distinction is.

The absolute magazine ban is actually relatively new. When I lived there a couple of years ago, you just couldn't sell or import, but possession wasn't illegal (at least as per big California law). This resulted in lots of axes being repaired, ie people would order magazine repair kits and it was impossible to prove that someone in possession of a "newly" dated magazine didn't already own one before the ban.

My question is now that the current law allows importation again, what happens if (and IMO, when) the law is upheld and now there's all these newly dated mags that were legally floating around? How does that even get enforced. Obviously the answer is it won't, except at public ranges and traffic stops, just like before, but what a mess.

[RiverRat]

Gator -

I don't think the 9th "didn't make a ruling."

My understanding is that the 9th was looking at the suspension of enforcement order issued while the law itself was under review. At least in this case, they seem to have said the law wasn't enforceable while in the lower court.

Now that there's a completed ruling, the validity of the law itself starts through the appeal process and the 9th re-enters the picture. If the 9th overturns, presumably possession becomes illegal (unless another suspension order is issued or the old one remains in effect).

I could be wrong about all that, but I THINK that's how we got here.

It's all a mess, and I wonder how high this will go before decided.

[Tyrannosaur]

Way to go Cali. Could I say I identify as a Californian and get some freedom back?