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Large cap magazine ban unconstitutional (Ninth Circuit)

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  • Large cap magazine ban unconstitutional (Ninth Circuit)

    Copied from another forum:

    "In another blow to Lt. Governor Gavin Newsom’s anti-gun agenda, a three-judge panel of the Ninth Circuit issued a ruling in the case of Duncan v. Becerra on Tuesday, upholding a lower court’s decision to suspend enforcement of Proposition 63’s restriction on the possession of magazines capable of holding more than 10 rounds.

    Following the enactment of Proposition 63, CRPA attorneys sought an injunction against the magazine possession ban, arguing that the law violated the Second Amendment, as well as the due process and takings clauses of the United States Constitution. Federal District Court Judge Roger T. Benitez agreed, issuing a preliminary injunction just days before the law was set to take effect. California quickly appealed the decision.

    On appeal, the Ninth Circuit held that Judge Benitez did not abuse his discretion, holding that he applied the correct legal standards and made reasonable inferences based on the record. But one judge on the panel disagreed. Responding to the dissent, the majority noted that it was not within the panel’s authority to re-weigh the evidence of the case, nor could it substitute its discretion for that of the district court. What’s more, referencing the Ninth Circuit’s 2014 ruling in Fyock v. Sunnyvale, which affirmed the denial of an injunction against a local magazine ban, the majority held that simply because a judge disagrees with another district court does not necessarily mean the district court abused its discretion on the matter.

    Meanwhile, in the trial court, a motion for summary judgment is pending and a ruling on the merits of the case is expected soon. Regardless of the outcome, the case will most certainly be appealed again to the Ninth Circuit. But by that time, the Supreme Court will likely have a new Justice who respects the right to keep and bear arms as protected by the Second Amendment."



    Beer is like porn, you can buy it but it's more fun to make your own

    I have to bend over too far

    I get a boner.

    bareback every couple of days, GTG. Bareback, brokeback, same $hit!

    I joined a support group to help me deal with my social anxiety but I just can't seem to work up the nerve to go to a meeting......

  • #2
    Norm DeGuerre

    Does this ruling, which negates CA's high cap mag ban based upon infringements of the 2A and the "taking" and "due process" clauses, give us any leverage in NY against the SAFE act?

    https://www.courthousenews.com/ninth...-magazine-ban/

    "A section of Proposition 63 required owners of guns with high-capacity magazines to surrender lawfully purchased property or face criminal prosecution. The ban was to take effect on July 1, 2017. No government buyback was included in the law. The plaintiffs say some gun owners could lose thousands of dollars in magazines – amounting to an unlawful taking, they say."
    Beer is like porn, you can buy it but it's more fun to make your own

    I have to bend over too far

    I get a boner.

    bareback every couple of days, GTG. Bareback, brokeback, same $hit!

    I joined a support group to help me deal with my social anxiety but I just can't seem to work up the nerve to go to a meeting......

    Comment


    • #3
      Absolutely ..!!
      however, we may only use the Opinion as "persuasive" as it is not the Second Circuit ( the most liberal POS Court ever)

      More Circuits need to have conflicting Opinions before there is a need to settle the issue
      sic semper boogaloo

      Comment


      • #4
        I also should make it clear that the grounds for the Decision was not 2A, but rather a Taking
        the poor souls in ny ..??
        lost cause ..
        sic semper boogaloo

        Comment

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