Other State NINTH CIRCUIT: Shutdown of Gun Stores During Early COVID Months Violated Second Amendment.

[RicInOR]

NINTH CIRCUIT: Shutdown of Gun Stores During Early COVID Months Violated Second Amendment.

Shutdown of Gun Stores During Early COVID Months Violated Second Amendment

So holds a Ninth Circuit panel—with the authoring judge penning a hypothetical dissent, to illustrate his view that the Ninth...

reason.com

"So holds a Ninth Circuit panel—with the authoring judge penning a hypothetical dissent, to illustrate his view that the Ninth Circuit's Second Amendment precedents are too malleable. From McDougall v. County of Ventura, today's opinion by Judge Lawrence Vandyke joined by Judge Ryan Nelson:"


"The majority concluded that the orders "implicate[d]" and "severely burden[ed]" "the core of the Second Amendment right" "because they foreclosed the ability to acquire arms and ammunition and maintain proficiency in the use of firearms—rights which an en banc panel of this court has repeatedly acknowledged are 'necessary to the realization of the core right to possess a firearm for self-defense." It then concluded that strict scrutiny was the constitutionally proper test, and that the orders were unconstitutional under that test:"

Read More

 

[P7M13]

"because they foreclosed the ability to acquire arms and ammunition and maintain proficiency in the use of firearms—rights which an en banc panel of this court has repeatedly acknowledged are 'necessary to the realization of the core right to possess a firearm for self-defense."

That statement is some weighty shizzle. Glad to see it, as it then can be used to protect access to ammunition and components, which Kalifornistan is trying so hard to make impossible to procure.

 

[Martini_Up]

Since an FFL is required to purchase a new firearms and they're not open 24/7/365, doesn't it follow the law requiring a FFL is also a violation of 2A?

 

[Stomper]

Gee…. It took the bubblegumming geniuses what, TWO WHOLE YEARS to come to this "brilliant" conclusion?

 

[Hueco]

Since an FFL is required to purchase a new firearms and they're not open 24/7/365, doesn't it follow the law requiring a FFL is also a violation of 2A?

Doubt it. There's a big difference between:
It's Sunday so your LGS is closed and you have to wait until Monday or go to a Big Box retailer.
vs.
All Gun Shops are hereby ordered to close indefinitely until we decide otherwise.

You know?

 

[JustShoot]

Gee…. It took the bubblegumming geniuses what, TWO WHOLE YEARS to come to this "brilliant" conclusion?

LOL.HAHAhahaha ... Legal Dog and Pony Show . Or .. 1st one's late to the Party, after the Fact . . in reality, it's a total meaningless legal decision .
Same BS .. like the courts ruling of gun confiscation, post New Orleans, with Katrina . If anyone thinks that at anytime Gov. will Not pass orders and actions that trample your Constitutional Rights . They are a Fool .
Also people are Fools to not think, there is always a Block long line, to fill the job application title labeled 'Door Kicker' . It goes hand-in-hand, with the generic Governments employee/ enforcer saying ..." I'm just doing my job ".
Private Property, and your born Rights, mean NOTHING, if continuous 'dead to all feelings' attitude for Government is, ..." we will let the Courts figure it out latter, So Just Do It . "
.

 

[BrentN]

Would it not be standard fashion for the entire 9th to now take what that panel said and shoot it down, so to speak. I believe the term is en banc.

 

[titsonritz]

Gee…. It took the bubblegumming geniuses what, TWO WHOLE YEARS to come to this "brilliant" conclusion?

It took the rest of the country two seconds.

 

[Stomper]

It took the rest of the country two seconds.

Just like what I've been saying about all these COVID "facts" and "trusting the science" for the last 2+yrs and the morons in the MSM and various government bureaucracies just NOW starting to admit it like they're geniuses or something……

 

[Diamondback]

This was just a panel. Next it'll go to a full En Banc and get overturned, just like the CA Mag Ban, and once again On To SCROTUS...

 

[Martini_Up]

Doubt it. There's a big difference between:
It's Sunday so your LGS is closed and you have to wait until Monday or go to a Big Box retailer.
vs.
All Gun Shops are hereby ordered to close indefinitely until we decide otherwise.

You know?

I don't see it that way. I see a right being treated as a privilege. closed is closed and the only thing left to debate is the duration.

what if you were only allowed to go to worship when the govt agent was available to allow it?

how about publishing or say something ina public forum? What if you were only allowed to publish / speak publicly after a govt agent verified you were yourself and were not a habitual criminal / mentally stable and were given a cooling off period before you were allowed to do so? Say 10 days? And what if you were only allowed to enjoy that 1A for 2 paragraphs at a time, not to exceed 10 in a month?

my point is the 2A does not enjoy the same treatment as other rights. Anytime you want a new firearm from a manufacturer ( or in many jurisdictions, any firearm from most anyone) you're subject to the restrictions of GCA 68 (among others including state or city restrictions) so closing for an hour, weekend or a month is still restricting and then the argument becomes a duration issue. And when these "common sense" restrictions are applied to other rights, it seems absurd.

I would argue that since closing the gunshops (FFL) restricted the 2A, argue so does the GOA 68… or at the very least, portions do, since FFLs are not available 24/7/365 - as all rights should be- more so one which explicitly states "shall not be infringed"

 

[DivCurlGrad72]

Would it not be standard fashion for the entire 9th to now take what that panel said and shoot it down, so to speak. I believe the term is en banc.

This was just a panel. Next it'll go to a full En Banc and get overturned, just like the CA Mag Ban, and once again On To SCROTUS...

After disposing of the actual case under consideration, Judge VanDyke went on to skewer his own Circuit over its consistent "results-oriented" Second Amendment jurisprudence. This is from his concurrence.

I agree wholeheartedly with the majority opinion, which is not terribly surprising since I wrote it. But I write separately to make two additional points. The first is simply to predict what happens next. I'm not a prophet, but since this panel just enforced the Second Amendment, and this is the Ninth Circuit, this ruling will almost certainly face an en banc challenge.

Ninth Circuit Trump Appointed Judge Lampoons His Entire Circuit Over Its Treatment of the Second Amendment

redstate.com

 

[Diamondback]

Ninth Circuit Trump Appointed Judge Lampoons His Entire Circuit Over Its Treatment of the Second Amendment

redstate.com

Ah, streiff. My old boss... I love that guy, he's the only one I ever go back to Redstate for after they dethroned him as Editor and went Full Fakecon Grifter.