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Duncan vs Becerra - 9th Circuit strikes down CA Magazine Ban


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#1 Molly B.

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Posted 14 August 2020 - 12:19 PM

California’s near-categorical ban of LCMs (Large Capacity Magazines) infringes on the fundamental right to self-defense. It criminalizes the possession of half of all magazines in America today. It makes unlawful magazines that are commonly used in handguns by law-abiding citizens for self-defense. And it substantially burdens the core right of self-defense guaranteed to the people under the Second Amendment.

 

It cannot stand.

 

We AFFIRM the district court’s grant of summary judgment for plaintiffs-appellees.

 

Attached File  CA Magazine Ban.pdf   352.89KB   88 downloads


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#2 Bubbacs

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Posted 14 August 2020 - 12:30 PM

Same as this?

http://illinoiscarry...showtopic=75760

IN

#3 Lou

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Posted 14 August 2020 - 12:32 PM

Great news.  And from the Ninth Circuit no less.

Sounds like Trump’s judicial picks are paying off. 
 

One of the judges was appointed by Trump and one was appointed by GW Bush. 


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#4 Molly B.

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Posted 14 August 2020 - 12:32 PM

Same case but posting here in the Judicial forum with the ruling document for historical reference.


"It does not take a majority to prevail ... but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." --Samuel Adams

#5 jagt48

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Posted 14 August 2020 - 12:37 PM

Great news!

#6 bmyers

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Posted 14 August 2020 - 12:41 PM

That is a great to hear. Nice to have some good news. 


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#7 Bubbacs

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Posted 14 August 2020 - 02:27 PM

Same case but posting here in the Judicial forum with the ruling document for historical reference.


Had to try, I saw it as funny, maybe not, but you were late.....lol
Now back to our regular scheduled show......

#8 g29er123

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Posted 14 August 2020 - 02:54 PM

Is there a chance of an appeal and then an en banc hearing?

#9 Euler

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Posted 14 August 2020 - 02:58 PM

Is there a chance of an appeal and then an en banc hearing?


Yes.
The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#10 ragsbo

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Posted 14 August 2020 - 03:35 PM

Will be interesting to follow



#11 David59

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Posted 14 August 2020 - 05:51 PM

The 9th??? The 9th???  The end of the world must be near!



#12 Davey

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Posted 14 August 2020 - 06:39 PM

Is there a chance of an appeal and then an en banc hearing?


There is a 100% chance that there is a 100% chance that there will be an appeal and en banc.

#13 mab22

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Posted 16 August 2020 - 08:46 PM

The 9th??? The 9th???  The end of the world must be near!

Some president and the senate have been pretty busy filling federal judge vacancies. Can you guess which President and Senate?
 


Void the FOID!

#14 lockman

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Posted 17 August 2020 - 05:32 AM

Is there a chance of an appeal and then an en banc hearing?

There is a 100% chance that there is a 100% chance that there will be an appeal and en banc.


Are you saying if the panel consisted of a Clinton and Obama appointee that the ban would have been upheld?


^ this ***

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#15 g29er123

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Posted 28 August 2020 - 02:11 PM

Looks like AG Becerra filed a last minute appeal for an enbanc. :(

#16 Rangerdeepv

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Posted 28 August 2020 - 02:48 PM

The full deck hearing could be turned down and the 3 judge decision stands also.



#17 Euler

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Posted 28 August 2020 - 03:46 PM

Whoever loses, the next step is federal Supreme Court.
The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#18 JTHunter

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Posted 29 August 2020 - 07:50 PM

Whoever loses, the next step is federal Supreme Court.

Maybe not.  Going that route might open up other states bans that don't want them deleted.  Those other states may put pressure on the CA AG to suck it up and stop before going to the SC.


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#19 illinois_buckeye

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Posted 29 August 2020 - 08:42 PM

The appeals court could also told against California, and the supreme court decline the case as has happened with multiple gun cases. I could see the conservative justices trying to decline the case not knowing how Roberts would side.




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