[9th Circuit court] Happy Friday, everyone! 9th circuit strikes down CA mag ban!

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Sad day for the firearm prohibitionists. Good day for freedom loving, level headed people!

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The state of California has latitude in enacting laws to curb the scourge of gun violence, and has done so by imposing waiting periods and many other limitations. But the Second Amendment limits the state’s ability to second- guess a citizen’s choice of arms if it imposes a substantial burden on her (sic- their?) right to self-defense.

That right there is the opening for attacking bans on other weapons with “features” the elites don’t like.... and limiting what the citizenry can purchase only from a limited “approved roster”.


Shove that camel in and THROUGH the tent.... knock that beatch DOWN! :s0155:
 

ZigZagZeke

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The best part is that they applied strict scrutiny, which is pretty close to simply "shall not be infringed". Many current gun laws would fail under strict scrutiny.


"Proceeding to prong two of the inquiry, the panel held that strict scrutiny was the appropriate standard to apply. First, the panel held that Cal. Penal Code § 32310 struck at the core right of law-abiding citizens to self-defend by banning LCM possession within the home. Second, the panel held that Section 32310’s near-categorical ban of LCMs substantially burdened core Second Amendment rights. Third, the panel held that decisions in other circuits were distinguishable. Fourth, the panel held that this circuit’s decision in Fyock v. City of Sunnyvale, 779 F.3d 991 (9th Cir. 2015), did not obligate the panel to apply intermediate scrutiny.

The panel held that Cal. Penal Code § 32310 did not survive strict scrutiny review. First, the panel held that the state interests advanced here were compelling: preventing and mitigating gun violence. Second, the panel held that Section 32310 was not narrowly tailored to achieve the compelling state interests it purported to serve because the state’s chosen method – a statewide blanket ban on possession everywhere and for nearly everyone – was not the least restrictive means of achieving the compelling interests.

The panel held that even if intermediate scrutiny were to apply, Cal. Penal Code § 32310 would still fail. The panel held that while the interests expressed by the state qualified as “important,” the means chosen to advance those interests were not substantially related to their service.
Chief District Judge Lynn dissented, and would reverse the district court’s grant of summary judgment. Judge Lynn wrote that the majority opinion conflicted with this Circuit’s precedent in Fyock, and with decisions in all the six sister Circuits that addressed the Second Amendment issue presented here. Judge Lynn would hold that intermediate scrutiny applies, and Cal. Penal Code § 32310 satisfies that standard."

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A good 40 minutes behind the 8 ball

 

ma96782

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I can just imagine......that like the CA standards on Air Pollution of cars sold in CA back in the day. Rrrrright..... CA will/might just enact a similar sort of law. And....Constitution or not.....another fight will be on. The Dems run CA and they have the taxpayers money to cause all kinds of trouble.

Banned_in_CA.jpg

IMHO, the CA voters needs to wise up. But don't get me wrong.......by all means.....stay and fight in California. I don't want your (possibly other) CA attitudes/politics to follow/come and infect my state. So, please leave them behind.....IF you insist on the move. There is a reason for this sign.

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Aloha, Mark

PS......D. Feinstein, M. Waters, K. Harris and N. Pelosi are from CA......enough said?
 
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