9th Circuit Rules 10 round limit unconstitutional.

[OneCrazyDiamond]

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

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

I suspect we will appeal

[still_one]

1. For a brief moment I thought they were talking about boxing, but then realized that

howard Cosell is no longer with us

[riversedge]

2. damn

[still_one]

3. The 9th circuit used to be liberal, but unfortunately trump has changed that

A lot of damage has been done by trump's judicial appointments

[OneCrazyDiamond]

8. I don't think this is the full court yet.

Just a panel.

[still_one]

9. Thanks for the context

[mr_lebowski]

4. It's really not 'keeping and bearing' unless you can spray dozens of rounds in seconds

... like our soldiers did in the Revolutionary War.

[dchill]

5. Well-regulated my ass.

[mahatmakanejeeves]

6. BREAKING: Duncan v Becerra (9th Circuit): 9th Circuit rules that the ban on possession of magazines

I've been looking for a news source for two hours. So far, nada, except the NRA. Which will upset a lot of people here.

BREAKING: Duncan v Becerra (9th Circuit): 9th Circuit rules that the ban on possession of magazines that hold more than ten rounds of ammunition violates the 2nd Amendment. https://dl.airtable.com/.attachments/6d809a9cc6fddb883f29559e63a83234/94d604dc/DuncanvBecerraOpinion.pdf

Link to tweet

[OneCrazyDiamond]

11. Yeah me too.

That is why I went to the court itself. Weird this wasnt a bigger news release.

[maxsolomon]

7. We're sliding towards fully-automatic MSSAs being in everyone's hands.

No regulations whatsoever.

It is the logical conclusion of this obsession with the 2nd, which is a poorly-worded piece of shit amendment.

Maybe States should start requiring Militia Duty...

[stopdiggin]

10. I always initiate my 2nd Amendment discussions

by querying what the other person's position is on personal ownership of RPGs.
It helps to narrow down the focus ...

(And yet there are a surprising number that are in support -- outrageous as that may seem. But it's also the point when most of the rest of the people at the table get up and walk away.)

[jmg257]

17. Apparently LOTS of new gun owners - don't think they are wanting to give up their new purchases

just because.

Over 2M new gun owners reported in first half of 2020
Gun sales have skyrocketed during past 3 months

More than 2 million Americans became first-time gun owners in the first half of 2020, officials reported.

The shooting foundation reported in its monthly the total number of new gun owners was actually more likely to be more than 2.5 million.
Jim Curcuruto, shooting foundation's director of research and market development, said in a statement. “Not surprisingly, retailers reported an increased number of first-time gun buyers, estimating that 40 percent of their sales were to this group.”

[stopdiggin]

20. Lots of gun owners (new and old)

are in favor of reasonable regulation.
(and thus my reference to people "getting up and walking away" -- when pointed toward extreme positions)

Note: My post is aimed much more toward 2nd Amend and reasonable regulation, than it is toward this specific ruling. I'm not particularly up in arms (heh) about this one one way or the other.

[jmg257]

21. Understood. Just concerned about their AW and LCM bans and

Buybacks. Won’t be pretty, and race may be too close to waste votes.

[Devil Child]

12. Excellent! n/t

[jmg257]

13. California's ban on so-called "large-capacity magazines" (LCMs) violates the Second Amendment.

SAF HAILS COURT RULING IN CAL MAGAZINE LIMIT CASE
The Second Amendment Foundation today is hailing a ruling by a three-judge panel in the 9th Circuit Court of Appeals that held California’s ban on so-called “large-capacity magazines” (LCMs) violates the Second Amendment.
“While this was not our case,” said SAF founder and Executive Vice President Alan M. Gottlieb, “this is a victory for all gun owners, and the majority opinion reflects our arguments in an amicus brief we submitted along with several other organizations. Most importantly, the panel majority used strict scrutiny to make its determination, and that is a huge milestone.”
The case is known as Duncan v. Becerra. The 66-page majority opinion was written by Circuit Judge Kenneth K. Lee.
SAF was joined in its amicus brief by the California Gun Rights Foundation, Firearms Policy Coalition, Firearms Policy Foundation, Armed Equality, San Diego County Gun Owners, Orange County Gun Owners, Riverside County Gun Owners, and California County Gun Owners.
In his ruling, Judge Lee observed, “We understand the purpose in passing this law. But even the laudable goal of reducing gun violence must comply with the Constitution. California’s near-categorical ban of LCMs 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.”
California had banned possession of ammunition magazines that hold more than ten cartridges.
“This was a fantastic ruling,” Gottlieb observed. “The court went into considerable detail about the history of magazine development and essentially follows the logic of our amicus, for which we are all very proud.”

[Devil Child]

16. Thank you for the additional info jmg257! n/t

[rockfordfile]

19. That's written by some far-right activist. He was appointed by Trump

[MiniMe]

14. As far as I know, there is nothing in the 2nd amendment about the size of a magazine

just like there is nothing about having a military weapon like an AK47

[jmg257]

15. The Constitutional Miltitia is the 1st line of defense to secure our freedoms. As the early militia

Acts show, the State Militias needed uniform AND EFFECTIVE arms, in order to fulfill their vital constitutional roles.

Our military uses M4/M16s/M9s/M17 etc. - with LCMs; as the Acts show, the Militia* should have the same. Well armed well-functioning militias removes the pretext for justification of *large standing armies.

*Of course We the people's now embrace HUGE standing armies, and the well-regulated Militia has been redefined to mean the NG (which serves and is armed as federal reserves),...though the people are still coded as the "unorganized" militia.

Your call who get what, legally.

[Spider Jerusalem]

22. The "constitutional militia" is defined in Federalist #29.

To the People of the State of New York:

THE power of regulating the militia, and of commanding its services in times of insurrection and invasion are natural incidents to the duties of superintending the common defense, and of watching over the internal peace of the Confederacy.

It requires no skill in the science of war to discern that uniformity in the organization and discipline of the militia would be attended with the most beneficial effects, whenever they were called into service for the public defense. It would enable them to discharge the duties of the camp and of the field with mutual intelligence and concert an advantage of peculiar moment in the operations of an army; and it would fit them much sooner to acquire the degree of proficiency in military functions which would be essential to their usefulness. This desirable uniformity can only be accomplished by confiding the regulation of the militia to the direction of the national authority. It is, therefore, with the most evident propriety, that the plan of the convention proposes to empower the Union "to provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, RESERVING TO THE STATES RESPECTIVELY THE APPOINTMENT OF THE OFFICERS, AND THE AUTHORITY OF TRAINING THE MILITIA ACCORDING TO THE DISCIPLINE PRESCRIBED BY CONGRESS.''
https://avalon.law.yale.edu/18th_century/fed29.asp

Sounds a lot like the National Guard to me.

[jmg257]

23. Good description of "well regulated", but the NG is not what we codified until 1903.

Hamilton's notions in Fed #29 were rejected.


Read the Militia Act of 1792, where the Constitutional Militia of the Several States are explicitly detailed by law. No definition was required, as these entities existed for years, had been codified under the Article of Confederation, and in the colonies for decades.

An ACT more effectually to provide for the National Defence, by establishing an Uniform Militia throughout the United States.

I. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia...

That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot-pouch, and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder;...
and every citizen so enrolled, and providing himself with the arms, ammunition and accoutrements, required as aforesaid,...

[Spider Jerusalem]

24. Which is again an irrelevancy unless you're a constitutional originalist (n/t)

[jmg257]

25. Agreed. Much has changed. Nt

[Buckeyeblue]

18. Right. This is judicial activism at it's best.

Besides the fact that the second amendment should be moot since we no longer have state sanctioned militias.