9th Circuit says Mag Capacity Restrictions Unconstitutional

clj7sht · Aug 19, 2020

9th Circuit Court

We can hope and pray for sensible ruling.

clj7sht · Aug 19, 2020

Smith & Wesson model 52-1

Any other model 52-1 owners out there.
Question: are the mags different between 52 & 52-1 & 52-2?

bigmancrisler · Aug 19, 2020

jcutonilli said:
“The Second Amendment isn’t absolute. It has its limits.” This is not an excuse, it is essentially what Heller stated. More specifically Heller stated "Like most rights, the Second Amendment right is not unlimited."

While you will not find an asterisk, you will find a number of historic case that have historical prohibitions such as concealed carry. To ignore these issues and insist that it is an absolute right is a position that is demonstrably false. You will continue to loose because you don't have a base to stand on.

There are ways to address these issues, just don't claim it is an absolute right.

If a right can be limited than it is no longer a right, it is then a privilege. The second amendment is a right not a privilege.

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lemmdus · Aug 19, 2020

How does that effect us here in the Socialist Democratic People's Republic of Maryland? Can we now go buy standard capacity mags at the LGS or do I have to travel 10 minutes to cross the border and buy what I want there?

LongRanger300 · Aug 19, 2020

lemmdus said:
How does that effect us here in the Socialist Democratic People's Republic of Maryland? Can we now go buy standard capacity mags at the LGS or do I have to travel 10 minutes to cross the border and buy what I want there?

Still have to journey to a “free state” to get standard capacity mags. My gut tells me things won’t change in Maryland until/unless there is an en banc in the 9th circuit that upholds this ruling AND a similar case is fought and won in the 4th circuit using that decision OR California appeals the upheld ruling to the SCOTUS and loses. We shall see...

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bigmancrisler · Aug 19, 2020

What do y’all think is the likelihood of this going to SCOTUS? And the probability of it actually being heard?

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Occam · Aug 19, 2020

LongRanger300 said:
Still have to journey to a “free state” to get standard capacity mags. My gut tells me things won’t change in Maryland until/unless ...

Don't forget the more likely scenario: the General Assembly demands beer holding and passes an actual possession ban so you can't bring 10+ in from out of state. You know it's on their short list.

swamplynx · Aug 19, 2020

bigmancrisler said:
What do y’all think is the likelihood of this going to SCOTUS? And the probability of it actually being heard?

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Same chance as the salvo of cases they denied this past term. 2A is a dead letter at SCOTS until one of the libs or turncoat Roberts is replaced with a Constitutionalist. That much is now abundantly clear.

Cal68 · Aug 19, 2020

I'm not sure how I missed this news until today but I am very excited and pleased. This news has made my day! Now I just hope that the decision is not overturned.

Cal68

press1280 · Aug 19, 2020

bigmancrisler said:
What do y’all think is the likelihood of this going to SCOTUS? And the probability of it actually being heard?

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Well if it gets reversed en banc then our side will ask SCOTUS to review and they’ll probably deny cert.
A much better chance SCOTUS hears the case if the state is the one appealing.

LongRanger300 · Aug 19, 2020

Occam said:
Don't forget the more likely scenario: the General Assembly demands beer holding and passes an actual possession ban so you can't bring 10+ in from out of state. You know it's on their short list.

May that NEVER happen!!! Why turn your constituents into criminals overnight?

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fred55 · Aug 19, 2020

LongRanger300 said:
May that NEVER happen!!! Why turn your constituents into criminals overnight?

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Govern through fear... It’s how the D’s operate. fred55

Dingo3 · Aug 19, 2020

It’ll be overturned en banc and SCOTUS (can I refer them as Scrotocus?) will relist and relist and relist and then deny Cert. don’t raise your hopes too much. Don’t expect much and you may not be let down

Bohemian · Aug 19, 2020

The California Department of Justice has issued this notice in response to the Duncan v. Becerra ruling. https://t.co/sKX9dsoIld

https://www.firearmspolicy.org/

bigmancrisler · Aug 19, 2020

Bohemian said:
The California Department of Justice has issued this notice in response to the Duncan v. Becerra ruling. https://t.co/sKX9dsoIld

https://www.firearmspolicy.org/

That’s some ********

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CrueChief · Aug 19, 2020

rbird7282 said:
Takes more than Congress to repeal an amendment.

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You don't need to repeal it when the courts will do it for them.

Which begs the question what will it take to stop letting unelected tyrants in robes decide these things?

TheOriginalMexicanBob · Aug 19, 2020

If anyone has any doubts about how imperative it is to re-elect Donald Trump and to make nominations for the federal bench and SCOTUS...this removes all doubt. The same goes for retaining the Senate.

Inigoes · Aug 19, 2020

Bohemian said:
The California Department of Justice has issued this notice in response to the Duncan v. Becerra ruling. https://t.co/sKX9dsoIld

https://www.firearmspolicy.org/

They admitted that the stay is no longer valid from April 2019, because they lost the appeal.

I am guessing, they are intentionally trying to obfuscate the truth of the matter.

newmuzzleloader · Aug 19, 2020

Inigoes said:
They admitted that the stay is no longer valid from April 2019, because they lost the appeal.

I am guessing, they are intentionally trying to obfuscate the truth of the matter.

Sounds to me like their law was declared unconstitutional AGAIN and they need to file another stay order if they want to continue to enforce it while they file an enbanc appeal, but IANAL

Inigoes · Aug 19, 2020

newmuzzleloader said:
Sounds to me like their law was declared unconstitutional AGAIN and they need to file another stay order if they want to continue to enforce it while they file an enbanc appeal, but IANAL

That's how I understand it also.

9th Circuit says Mag Capacity Restrictions Unconstitutional

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