"Large Capacity" mags protected, 9th circuit

[Edwardteach72]

it was just a 3 judge panel and will most certainly be overturned En Banc, but they ruled that "large capacity" magazinez are protected under the 2nd amendment

BREAKING: 9th Circuit Holds "Large Capacity" Firearm Magazines Protected by 2nd Amendment, Affirms District Court Ruling

The panel affirmed the district court’s summary judgment in favor of plaintiffs challenging California Government Code § 31310, which bans possession of large-capacity magazines (“LCMs”) that hold more than ten rounds of ammunition; and held that the ban violated the Second Amendment.

www.firearmspolicy.org

 

[Edwardteach72]

Quote

"
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."

 

[Modean]

Love it, but you know the 9th will not uphold this if they hear it en banc.

 

[BDinPutnam]

The fact that they applied strict scrutiny is a step in the right direction.

@Modean - probably not "if" so much as "when."

 

[Edwardteach72]

Love it, but you know the 9th will not uphold this if they hear it en banc.

Yea thats why I said

it was just a 3 judge panel and will most certainly be overturned En Banc,

But this may lead to another "freedom week" in California meaning probably 100s of thousands more magazines being brought into that state and owned legally

 

[Edwardteach72]

The fact that they applied strict scrutiny is a step in the right direction.

@Modean - probably not "if" so much as "when."

And they said it would even fail intermediate scrutiny

 

[Chevusa]

It is possible that Judge Benitez issues a new order and allows sales to re-commence, but it seems more likely that the status quo is maintained until the resolution of any en banc petition, sua sponte call for rehearing en banc, en banc proceedings, or perhaps even a petition for certiorari to the U.S. Supreme Court.

 

[Big Mike]

https://cdn.ca9.uscourts.gov/datastore/opinions/2020/08/14/19-55376.pdf

 

[SomeSoldier]

blah blah blah, elections. Doesn't mean shit.

 

[Edwardteach72]

 

[Chevusa]

Not sure how this can not stand there but easily can here. Shit, I might have to move to CA for better gun rights. I don't know how you can have more rights in different states.

 

[BDinPutnam]

BTW: Becerra may actually be worse than Newsome.

 

[BDinPutnam]

Not sure how this can not stand there but easily can here. Shit, I might have to move to CA for better gun rights. I don't know how you can have more rights in different states.

Until the San Andreas blows and sets off the super volcano under Yellowstone, sending the 9th Circuit flying into NY, here we are.

 

[Edwardteach72]

Not sure how this can not stand there but easily can here. Shit, I might have to move to CA for better gun rights. I don't know how you can have more rights in different states.

I mean it probably won't stand, they even mention how 6 other circuit courts have taken up the legality of magazine bans and ruled them constitutional.....

 

[Chevusa]

I mean it probably won't stand, they even mention how 6 other circuit courts have taken up the legality of magazine bans and ruled them constitutional.....

Not sure how. The bar used is "in common use for defense" and standard mags certainly are all over the country.

 

[BDinPutnam]

Not sure how. The bar used is "in common use for defense" and standard mags certainly are all over the country.

File a suit and ride it up the elevator to the relevant court (2nd Circuit).

 

[Edwardteach72]

Not sure how. The bar used is "in common use for defense" and standard mags certainly are all over the country.

Oh i didn't know that

 

[Phazer]

When I bought my Glock 19, it came with "standard" 15-round magazines. I had to wait for the FFL to get "low capacity" 10-round magazines before I could pick up the pistol.

According to the pistol manufacturer, 15-round magazines are NOT high capacity.

 

[redtail]

The real question is was Wayne there in a new suit ?

 

[Phazer]

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.

California's response will be: Wrong "means." Oh...okay. We've been legally allowed to ban specific firearms and classes of firearms. So, we'll just ban all semiautomatic firearms that accept magazines. How's that!

 

[BDinPutnam]

The real question is was Wayne there in a new suit ?

I don't know whether to or

 

[Mosinitis]

The shell game is on. The end result is always an empty shell.

 

[Chevusa]

 

[redtail]

Funny the nra wasn't mentioned inthe write up.

"FPC was joined by amici individual gun owners: William Wiese, Jeremiah Morris, Lance Cowley, Sherman Macaston, Clifford Flores, L.Q. Dang, Frank Federau, Alan Normandy, and Todd Nielsen, all plaintiffs in the Wiese v. Becerra magazine ban challenge FPC was also joined by amici Firearms Policy Foundation (FPF), California Gun Rights Foundation (CGF), Second Amendment Foundation (SAF), Armed Equality (AE), San Diego County Gun Owners (SDCGO), Orange County Gun Owners (OCGO), Riverside County Gun Owners (RCGO), and California County Gun Owners (CCGO)."

 

[BDinPutnam]

Wayne's publicist needs to shut his useless cock holster.

 

[Chevusa]

This guy is a bit of a jackass and thinks he's way smarter than he is, but he recaps todays's ruling pretty well.

 

[SmallGameAddict]

Wake me up when SCOTUS rules ALL licenses and permits to keep and bear arms are unconstitutional, AND all arms are protected by 2A.

 

[togmaster]

Wake me up when SCOTUS rules ALL licenses and permits to keep and bear arms are unconstitutional, AND all arms are protected by 2A.

That'll be about the same time as when I wake up from my dirt nap.

 

[SonOfSun]

That'll be about the same time as when I wake up from my dirt nap.

Good thing too. I'm going to need those standard capacity mags to deal with zombie you.

 

[Cooolone]

Still the same issue, and it not relevant to magazines, ammo, weapon type or even those dastardly evil features...

It's all about the application of scrutiny to "Rights" and how some Rights enjoy strict scrutiny, and other a more convenient intermediate... In other words, "Rights" are not really rights when they bend upon the whim or direction the wind blows...

Nothing changes until scrutiny changes!