Other State California Duncan v Bonta, en banc rules for the state 11-30-21

Gbirk

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A Newspaper take on it

WTF is a "large-scale" firearm magazine? My God these people are idiots.

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And onward to SCOTUS... the only two I really think we can count on are Thomas and Alito.

What I see if they piece together a majority: Roberts joins, assigns the opinion to himself and delivers a narrowly tailored "you may have ONE high-cap per firearm, only within your own home."
 
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Judge VanDyke’s scathing dissent (starts on page 143) is a must read. It ends with:
If ever there was a case study illustrating Madison’s concern about “evil lurking under plausible disguises, and growing up from small beginnings,” it is our circuit’s Second Amendment jurisprudence. In the thirteen years since the Supreme Court ruled in Heller that the Second Amendment “guarantee the individual right to possess and carry weapons in case of confrontation,” 554 U.S. at 592, our court has trimmed back that right at every opportunity—to the point that now, in the nine Western states covered by our court, the right to “keep and bear arms” means, at most, you might get to possess one janky handgun and 2.2 rounds of ammunition, and only in your home under lock and key. That’s it.
That’s ridiculous, and so I must respectfully dissent.
 

Gbirk

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to the point that now, in the nine Western states covered by our court, the right to “keep and bear arms” means, at most, you might get to possess one janky handgun and 2.2 rounds of ammunition, and only in your home under lock and key. That’s it.
That’s ridiculous, and so I must respectfully dissent.
Did a federal circuit court judge just use the word "janky" in a dissent? I like this guy.
 

arakboss

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Now let them enforce it. All this tells us is that we need to make sure we practice our reloads.
If we get a similar outright ban here I know many will ignore it and keep carrying their 15rnd, 17rnd, etc mags. Problems will occur when the need arises to use a carry gun in self defense. Now a legit self defense shooting could turn in to murder charge. If the jury has any doubt about the legitimacy of the self defense claim, it won't be helped by the claim that illegal magazines were used.
 
Did a federal circuit court judge just use the word "janky" in a dissent? I like this guy.
Yeah that does seem like something not passing the usual decorum. But I do lol when I hear that term used.
 

Soli

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Did a federal circuit court judge just use the word "janky" in a dissent? I like this guy.
Just read the entire dissent. Like? Love is more like it.

Building on this rationale, Judge Graber’s concurrence provides a list of unrealistic alternatives one could use in lieu of a higher-capacity magazine: carry multiple guns; carry extra magazines; carry some loose rounds in your pocket; carry a cop (okay, I made that last one up). I doubt many who actually carry a gun for self-defense would find these alternatives realistic.
 

GWS

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Well, this version of the USSC is our best bet to get this decision overturned. If they’re still alive when the case gets to them…:confused:
 

RicInOR

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"Circuit Judge Lawrence VanDyke in a saltier separate dissent says that the 9th Circuit is driven "by a single-minded focus on ensuring that any panel opinions actually enforcing the Second Amendment are quickly reversed. The majority of our court distrusts gun owners and thinks the Second Amendment is a vestigial organ of their living constitution. Those views drive this circuit's caselaw ignoring the original meaning of the Second Amendment and fully exploiting the discretion inherent in the Supreme Court's cases to make certain that no government regulation ever fails our laughably 'heightened' Second Amendment scrutiny.""


 
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SCOTUS is a gamble, but it's a gamble that needs to happen because the states that are wanting to restrict are going to continue to restrict, and free states will remain that way as long as they keep leftists at bay. There's very little risk to SCOTUS giving us the prison treatment.
 

Mark W.

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Wait a minute I got no problem carrying an extra gun. Heck a pair of 1911's in 45ACP with 8rd mags would be right handy should the situation arise.
 
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The United States Court of Appeals for the Ninth Circuit issued a stay Tuesday which prevents the enforcement of California’s “large-capacity” magazine ban while an appeal is made to the Supreme Court.
 

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