Judge blocks California magazine ban

Fox123 · Jun 30, 2017

Mr H said:
One of the parts that I think will have staying power (paraphrasing)...

The ban is equivalent to depriving citizens of their property without compensation.

^this I think is the only reason he issued the injunction.

press1280 · Jun 30, 2017

whistlersmother said:
Appeal to 3 court bench, ruling upheld.
9CA en banc will magically appear and overturn
SCOTUS will deny cert
Thomas and Gorsuch will further lament.

Meanwhile, Czech's will probably be moving to buying full auto from the grocery store.

This would be my guess as well, although our odds at the 3 judge panel aren't good either.

Mr H · Jun 30, 2017

fred333 said:
Ask a typical Yalie how to change a car tire and he'll produce a copiously and extensively referenced artful dissertation (with Latin translation): Tire-Changing in the 21st Century: The Thinking Man's Guide to Navigating America's Roadways. But whaddya think happens on his way home from receiving the Pulitzer prize when he gets a flat? He's gotta ring the AAA, because he hasn't a clue how to actually, mechanically change a freaking tire.
Dat's the difference between theory (the two-dimensional utopia that Bolshies inhabit) and practice (where real America can-do spirit lives).

"In theory, there's no difference between theory and fact. In fact, there is."

--Yogi Berra

erwos · Jun 30, 2017

aklax11 said:
Would the words “whatever common magazine size he or she judges best suits the situation.” a federal judge have any impact on our own mag restrictions?

If that federal judge is on SCOTUS ruling in our favor, sure. Otherwise... no.

AliasNeo07 · Jun 30, 2017

Great news. Unfortunately the 9th will overturn it, but, a win for now.

highli99 · Jun 30, 2017

Jim12 said:
That federal judge has a brilliant judicial career ahead.

On administrative duty. Reviewing contracts for janitorial services for the courthouse, etc.

But, it is a lifetime sentence, er, uh, appointment.

I've made a excellent career reviewing janitorial contracts. It's a good life.

Jim12 · Jun 30, 2017

highli99 said:
I've made a excellent career reviewing janitorial contracts. It's a good life.

lol. Pretty sure I've reviewed some, too. I was trying to be funny. Guess I missed.

Defense Rifle · Jun 30, 2017

This judge was appointed by Pres. George W. Bush. The ban on possession of "high capacity magazines" was suppose to go into effect tomorrow in California.

highli99 · Jun 30, 2017

Jim12 said:
lol. Pretty sure I've reviewed some, too. I was trying to be funny. Guess I missed.

No it was funny....I felt bad for the judge before I was like...that's not such a bad job.

fred333 · Jul 1, 2017

Jim12 said:
Bill and Hillary are Yalies. You think they know that much, or care? You think they call AAA themselves? Hillary would have a temper tantrum aimed at whoever let the tire get flat. Bill would have an intern do it, giving her instructions "First, bend over and lean against the tire..."

You can't argue with historical fact. I stand corrected.

fred333 · Jul 1, 2017

Mr H said:
"In theory, there's no difference between theory and fact. In fact, there is."
--Yogi Berra

A couple of Yogi Berra's teammates swear that one night the stocky catcher was horrified to see a baby toppling off the roof of a cottage across the way from him. Yogi dashed over and made a miraculous catch - but then force of habit proved too much for him. He straightened up and threw the baby to second base.

swinokur · Jul 1, 2017

Pretty good explanation from Kopel in the Volokh Conspiracy column

https://www.washingtonpost.com/news...tm_term=.48533815cc7a&wpisrc=nl_volokh&wpmm=1

danb · Jul 17, 2018

Injunction upheld, ban stays in place for now.

http://reason.com/volokh/2018/07/17/second-amendment-injunction-against-cali

In Duncan v. Becerra, a federal district court had issued a preliminary injunction blocking the enforcement of California's ban on magazines that fit more than 10 rounds, pending a full trial on the merits. Today, the Ninth Circuit upheld this, in a 2-1 nonprecedential decision, though one that heavily deferred to the lower court's judgment, and didn't prejudge the final result after a trial is held and the final judgment is issued and appealed.

Kopel has a separet post too, here: http://reason.com/volokh/2018/07/17/ninth-circuit-upholds-preliminary-injunc

Not_an_outlaw · Jul 17, 2018

This is good, right?

Mike OTDP · Jul 17, 2018

Very good! It means that instead of being able to grab magazines today and go to court several years from now, California must go to court first. And it sets a precedent for continuing to stay enforcement until all appeals have been exhausted.

Allen65 · Jul 17, 2018

Even better, because the District Court still hasn't rendered its final decision, Kavanaugh will be seated on SCOTUS well before (as in years) the inevitable 9CA appellate or en banc decision against 2A gets appealed to SCOTUS.

Blacksmith101 · Jul 18, 2018

Allen65 said:
Even better, because the District Court still hasn't rendered its final decision, Kavanaugh will be seated on SCOTUS well before (as in years) the inevitable 9CA appellate or en banc decision against 2A gets appealed to SCOTUS.

Long enough that Trump may get even another appointment or two in before the case gets heard. :party29:

DC-W · Jul 18, 2018

Great news indeed.

esqappellate · Jul 18, 2018

DC-W said:
Great news indeed.

Really great news. And it supports MSI's and the other plaintiffs' Takings suit on the bump stocks. That last line that an uncompensated Taking cannot be justified by police powers is key.

teratos · Jul 18, 2018

esqappellate said:
Really great news. And it supports MSI's and the other plaintiffs' Takings suit on the bump stocks. That last line that an uncompensated Taking cannot be justified by police powers is key.

Hooray!

Judge blocks California magazine ban

The #1 community for Gun Owners of the Northeast

Member Benefits:

Ultimate Member

Ultimate Member

Banana'd

The Hebrew Hammer

Ultimate Member

Ultimate Member

Let Freedom Ring

Active Member

Ultimate Member

Banned

Banned

In a State of Bliss

dont be a dumbass

Ultimate Member

Ultimate Member

Ultimate Member

Grumpy Old Man

Ultimate Member

President, MSI

My hair is amazing

Users who are viewing this thread

Log in

Forum statistics