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9th Circuit surprises with pro-2nd Amendment decision


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This is the same court that said the Pledge of Allegiance is unconstitutional because of its use of the phrase “under God.”

"Second Amendment activists were given a surprise boost this week when the liberal Ninth Circuit Court of Appeals backed a lower court’s decision to suspend California’s ban on the possession of large magazines.

Activists, supported by the National Rifle Association, have argued that the state's ban on ownership of magazines holding 10 bullets or more is unconstitutional. They won a preliminary injunction by a San Diego district court last year, and a three-judge panel on the Ninth Circuit backed that injunction Tuesday."

https://www.foxnews.com/politics/liberal-9th-circuit-surprises-with-pro-2nd-amendment-decision-blocking-california-ammo-ban

 

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There are three vacancies in California on the ninth, and Trump has ignored DiFi and Harris, and Grassley and McConnel have decided that the ‘green slip’ is not a veto.  With one appointment in Hawaii, there are seven vacancies left on the court, which holds 27 judges.  Trump was negotiating with the two over the vacancies until they led the charge against Kavanaugh.  

https://www.foxnews.com/politics/trump-snubs-feinstein-harris-to-nominate-conservative-judges-to-liberal-9th-circuit

Basically, nearly a third of the judges on the Ninth Circus, which has been the most reversed circuit in the nation.  

Hawk 

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58 minutes ago, Brown Hawk said:

 

Basically, nearly a third of the judges on the Ninth Circus, which has been the most reversed circuit in the nation.  

Hawk 

It's one thing to lean left. It's another thing to be stupid left.

This is where president trump will have a legasy.

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This is a 2-1 decision supporting a lower court injunction against California enforcing the ban, not a decision striking down the law itself.  The lower court has yet to rule on that.  But the fact that the injunction was appealed instead of just waiting for the lower court decision seems to show that they wanted to influence the lower court by having the ninth support them by striking down the injunction.  

Still very encouraging as the ninth does already has some conservative members.  

26 minutes ago, Historian said:

It's one thing to lean left. It's another thing to be stupid left.

This is where president trump will have a legasy.

Two Supreme Court picks, 29 Circuit Court, 53 District, plus 3 Circuit nominations.  Looks like a pretty good start to me.  Plus 2 more possible Supreme nominations and other circuit and district nominations coming up.

Hawk 

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3 minutes ago, M&P15T said:

So, where do things currently stand? Can Californians buy standard magazines now?

Not yet.  The state is prevented from stealing any mags over ten rounds, but the law is in limbo.  The lower court order prevents the enforcement of the law, but has not ruled yet on the law itself.  It will probably end up in the Supreme Court before it is decided.  

Hawk 

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5 hours ago, M&P15T said:

So, where do things currently stand? Can Californians buy standard magazines now?

No.  But, the ruling overruled a statute which required Californians to turn in, modify or destroy any magazines over ten rounds which were grandfathered in.  The judge decided that it was too onerous and expensive to require citizens to bear the expense of re equipping with ten round magazines.

Edited by minervadoe
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On 10/13/2018 at 10:29 AM, Brown Hawk said:

Not yet.  The state is prevented from stealing any mags over ten rounds, but the law is in limbo.  The lower court order prevents the enforcement of the law, but has not ruled yet on the law itself.  It will probably end up in the Supreme Court before it is decided.  

Hawk 

I hope so.  Then they could overturn the bans in all the states, not just the 9th circuit. 

I just hope they don't do it half a**ed and rule that a law banning them with a grandfathering clause is still good.  I'd like to see all of these foolish magazine bans overturned.

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2 hours ago, Borg warner said:

I heard that  PresidentTrump is going to make some new appointments to the 9th circuit court. So the 9th Circus may soon be losing some of their clowns.

There are SEVEN vacancies on the Ninth Circus.  And I just read that McConnell just pounded 15 more nominations through.

https://1600daily.com/2018/10/12/republicans-score-huge-win-courts/

I haven’t seen who they are yet, or what courts.  He did just nominate three to the Ninth without regard to DiFi and Harris, who would usually have a veto blue slip ability.  McConnell has also stated that the blue slip will no longer be disqualifying for judicial nominees.  Can anyone say “The law of unintended consequences.”?

Hawk. 

ETA:  That makes 84 confirmed, plus this 15 makes 99 confirmed so far.  And Senators can no longer veto conservative nominations with the “blue slip”.  

Edited by Brown Hawk
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Okay, not quite on topic, but I got this in my inbox a couple of days ago.  Basically about NYC, but could have some far reaching effects.

http://savemyrights.com/17-states-ask-scotus-to-address-nys-anti-gun-laws/

Seventeen states are doing amicus briefs.  The basic premise is the interstate commerce clause because the law prevents gun owners from taking their guns out of state for hunting or out of state shooting ranges.  Also undue burden on gun owners because of the multiple and very expensive permits needed to do anything with guns - including going out of state.  Also mentioned are firearms owners ids which are also considered unduly burdensome.  ???Chicago anyone???

This involves seventeen states attorneys general plus two more governors, so there may be more states added.  It is probably coincidental, but it is rather interesting timing, isn’t it?  

Hawk 

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1 minute ago, Wyzz Kydd said:

It’s a blue slip, not green. I doubt the 9th will uphold the injunction en banc, but we can hope.

Sorry, you are completely correct and I apologize for the error.  

I guess I was seeing the color of DiFi’s face when she got the news.  ?

Hawk

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6 minutes ago, Brown Hawk said:

Sorry, you are completely correct and I apologize for the error.  

I guess I was seeing the color of DiFi’s face when she got the news.  ?

Hawk

No apology needed! I hope we get more chances to see DiFi green, or red with anger!

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22 hours ago, Brown Hawk said:

Okay, not quite on topic, but I got this in my inbox a couple of days ago.  Basically about NYC, but could have some far reaching effects.

http://savemyrights.com/17-states-ask-scotus-to-address-nys-anti-gun-laws/

Seventeen states are doing amicus briefs.  The basic premise is the interstate commerce clause because the law prevents gun owners from taking their guns out of state for hunting or out of state shooting ranges.  Also undue burden on gun owners because of the multiple and very expensive permits needed to do anything with guns - including going out of state.  Also mentioned are firearms owners ids which are also considered unduly burdensome.  ???Chicago anyone???

This involves seventeen states attorneys general plus two more governors, so there may be more states added.  It is probably coincidental, but it is rather interesting timing, isn’t it?  

Hawk 

I hope that something positive (from a gun owner's perspective) comes of this.  NYC politics run roughshod over the rest of the state, which is red for the most part minus a few small pockets.  If NYC and Westchester County fell into the ocean, NYS would be Texas light. 

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