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

[The Heretic]

Yes, I know this... but isnt there something like a "precedent" that can eventually be applied to all the districts?

A lawyer can argue decisions in other circuit courts, but that is mostly only useful when it doesn't conflict with a decision from the court in which they are arguing, usually in the absence thereof, and in the absence of a conflicting decision in another court.

When you get more multiple courts of the same level that have conflicting opinions, then you have a chance to go to the next level up, maybe eventually the SCOTUS - which is probably where they will go from a federal district court of appeals. But then the SCOTUS has to accept it, or they can decline to hear it.

 

[awshoot]

Yes, I know this... but isnt there something like a "precedent" that can eventually be applied to all the districts?

It isn't precedent in other circuit. It is what is called "persuasive authority" which means the other circuits at the same appellate level can consider it if they want to, but are not bound by it. In fact, if the rulings in other circuits were precedential in the 9th, this cause would not have been decided the way it was because other circuits have already upheld mag size restrictions.

 

[gatmandoo]

Whatcha think about that Kamala?

I call her either...Commie-la, or kamel-toe.

 

[nammac]

I call her either...Commie-la, or kamel-toe.

Camel-toela....

An Indian/Jamaican - how is it believed she represent blacks?!?!?

 

[Camelfilter]

Camel-toela....

An Indian/Jamaican - how is it believed she represent blacks?!?!?

Understanding. Family history of slave owning. Perhaps.

 

[NeSeR13]

My dad lives in southern, CA. I don't know why. The minute I heard this I was on the phone telling him to order as many hi-caps as he could!

 

[Laughingman]

I imagine the cynic will claim this case is getting heard en-banc before the 11 judge panel, which (if history is any indicator) will reverse it. The plaintiff will appeal to SCOTUS, which will reject cert (because roberts). Then again the 9th circuit en-banc panels throw occasional curve balls. They let Washington State hang two dudes in the 1990s so anything is possible...

 

[cookie]

Camel-toela....

An Indian/Jamaican - how is it believed she represent blacks?!?!?

Voters are very easy to fool. They obey the TV.

 

[tkdguy]

This decision effects Oregon?

 

[CamoDeafie]

This decision effects Oregon?

If it doesn't go to en banc, and doesn't go to SCOTUS, then I'm not totally sure. Logically it affects the other States in 9th District Court jurisdicion, but realistically?

Edit. @bolus ; what does this decision imply/infer vis a vis Hawaii's rather onerous laws regarding firearms ownwrship?

 

[awshoot]

This decision effects Oregon?

OR is in the 9th Circuit. So long as it isn't reversed on future appeals, yes it does apply to OR.

These are the states and territories covered by the 9th: United States Court of Appeals for the Ninth Circuit - Wikipedia

 

[Laughingman]

If it doesn't go to en banc, and doesn't go to SCOTUS, then I'm not totally sure. Logically it affects the other States in 9th District Court jurisdicion, but realistically?

Edit. @bolus ; what does this decision imply/infer vis a vis Hawaii's rather onerous laws regarding firearms ownwrship?

It take one judge on the circuit to nominate it for a en-banc hearing... And half to approve it... It most likely getting a en-banc hearing...

 

[The Heretic]

OR is in the 9th Circuit. So long as it isn't reversed on future appeals, yes it does apply to OR.

These are the states and territories covered by the 9th: United States Court of Appeals for the Ninth Circuit - Wikipedia

That doesn't mean that all the other states in the 9th won't try to implement mag bans/restrictions - it just means that if taken to court, they have a lower chance of keeping their restrictions if it goes to the district court.

 

[bolus]

If it doesn't go to en banc, and doesn't go to SCOTUS, then I'm not totally sure. Logically it affects the other States in 9th District Court jurisdicion, but realistically?

Edit. @bolus ; what does this decision imply/infer vis a vis Hawaii's rather onerous laws regarding firearms ownwrship?

I assume nothing. Supreme court ruled tazers are legal but they are still illegal here. 9th court ruled in favor of our open carry case and still no open or conceal carry here.

Unless the president sends in troops to enforce a court decision they mean nothing. I surprised more states dont follow the "yeah make me" way of ignoring court decisions

 

[awshoot]

That doesn't mean that all the other states in the 9th won't try to implement mag bans/restrictions - it just means that if taken to court, they have a lower chance of keeping their restrictions if it goes to the district court.

I don't know about that -- that's rising to a states vs feds issue, i.e., precursor to civil war. The 2A is incorporated against state laws and so a state refusing to follow the Federal government's edict on the matter is usurping power it doesn't have.

 

[CamoDeafie]

I don't know about that -- that's rising to a states vs feds issue, i.e., precursor to civil war. The 2A is incorporated against state laws and so a state refusing to follow the Federal government's edict on the matter is usurping power it doesn't have.

You mean like Hawaii as Bolus stated, and probably other States?

 

[The Heretic]

PSA accepts orders from California for large capacity magazines

PSA will accept orders from California for large capacity magazines.

gun.deals

PSA will accept orders from California for large capacity magazines. If your order is accepted the inventory is held in reserve for you. We cannot ship any of those orders until the opinion becomes final. If the decision is not final in the next 30 days, you will have the option to cancel the order or hold the reservation.
Statement on Standard Capacity Mags and California:
The Ninth Circuit Federal Court of Appeals issued a much-anticipated opinion on August 14 finding the large capacity magazine ban is unconstitutional. Palmetto State Armory applauds the court's ruling and is proud to have provided an affidavit in support of the challenge to the illegal ban.

As the court said, "California's near-categorical ban of LCMs infringes on the fundamental right to self-defense…. t substantially burdens the core right of self-defense guaranteed to the people under the Second Amendment. It cannot stand."

"This decision is a victory for the Second Amendment and a reason Palmetto State Armory supports the Second Amendment Defense Fund," said PSA owner Jamin McCallum. "Protecting our freedoms and defending our constitutional liberties are PSA's founding principles."

Due to the opinion, PSA will accept orders from California for large capacity magazines. If your order is accepted the inventory is held in reserve for you. We cannot ship any of those orders until the opinion becomes final. If the decision is not final in the next 30 days, you will have the option to cancel the order or hold the reservation.

• https://facebook.com/sharer/sharer....ts-orders-california-large-capacity-magazines

 

[awshoot]

You mean like Hawaii as Bolus stated, and probably other States?

I see what's going on -- HI's tazer ban is being challenged and the court has been waiting on guidance for what level of review to apply. First it was waiting on SCOTUS and NY Rifle and Pistol case (see entry 71), but that didn't go anywhere, and now they are waiting on Young v. HI (see entry 79).

Roberts v. Ballard, 1:18-cv-00125 - CourtListener.com

Docket for Roberts v. Ballard, 1:18-cv-00125 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.

www.courtlistener.com

So it hasn't gotten to the point where HI has received an adverse decision and told the Feds to go eff themselves. It can feel that way because the period of limbo is so drawn out, but they haven't actually gotten to the "you and whose army" part yet.

Here is some more background on why that limbo has been so long from Plaintiff's motion to lift the stay on proceedings filed July 20, 2020: Memorandum – #80, Att. #1 in Roberts v. Ballard (D. Haw., 1:18-cv-00125) – CourtListener.com

This Court stayed this matter on June 17, 2020 [ECF # 79] pending the en banc decision of Young v. State of Hawaii, No. 12-17808, 915 F.3d 681 (9th Cir. 2019) and due to the representation made by Defendant's counsel that "[t]here is now pending in the Hawaii State Legislature SB2292 which would repeal the total ban on electric guns and replace it with a regulatory scheme." June 17, 2020 Order. The legislature adjourned sine die. The legislature has had two attempts now to address the issue in this matter and has failed both times.

Mr. Roberts' rights have been and are continuing to be infringed. This matter has been stayed three times. The first, Mr. Roberts agreed to the stay to allow the legislature to act. The second stay was issued immediately after oral argument pending NYSRPA v. NYC, 140 S.Ct. 1525 (2020) in the Supreme Court which was subsequently mooted. The third stay was put in place pending Young, supra. Because the Hawaii legislature will not correct this issue, it is incumbent upon the Court to issue its ruling.

 

[DivCurlGrad72]

PSA accepts orders from California for large capacity magazines

PSA will accept orders from California for large capacity magazines.

gun.deals

PSA will accept orders from California for large capacity magazines.

I know I've posted this before, and most here know this, but it's worth repeating: word choices matter, and can help or hurt our cause. Not even people in the industry seem capable of getting it right. Of course there are exceptions to this definition (e.g. 6 round magazine is standard for a G43), but in general, Californians can currently only purchase low capacity magazines (10 rounds or less). PSA is now opening up orders for standard capacity magazines (or maybe full capacity is better?).

 

[SBC97281]

The court decision used large capacity magazines so this is a word choice to match the decision.