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Federal Court Upholds Decision to Block California’s Magazine Ban
nraila.org ^ | July 17, 2018

Posted on 07/17/2018 3:58:48 PM PDT by PROCON

FAIRFAX, Va. -- A three-judge panel of the 9th Circuit issued a ruling in the case of Duncan v. Becerra on Tuesday upholding a lower court’s decision to suspend enforcement of California’s restriction on the possession of magazines that hold 10 rounds or more.

“This is a significant win for law-abiding gun owners in California,” said Chris W. Cox, executive director, National Rifle Association Institute for Legislative Action. “This unconstitutional law criminalizes mere possession of many standard capacity magazines and would instantly turn many law-abiding gun owners into criminals.”

California Rifle and Pistol Association lawyers, with the support of the NRA, sought an injunction against the magazine possession ban, arguing the law violated the Second Amendment as well as Americans’ due process rights. A federal district court judge agreed and issued a preliminary injunction before the law was set to go into effect. California appealed the decision.

On Tuesday, the 9th Circuit upheld the injunction.

Meanwhile, in the trial court, a motion for summary judgment is pending and a ruling on the merits of the case is expected soon. Regardless of the outcome, the case will most certainly be appealed again to the 9th Circuit. By that time, the Supreme Court will likely have a new justice who respects the right to keep and bear arms as protected by the Second Amendment.

“Tuesday’s ruling was a step in the right direction. The National Rifle Association will continue to fight for the rights of Californians to protect themselves,” Cox concluded.


TOPICS: Chit/Chat; Local News; Society
KEYWORDS: 2ndamendment; banglist; california; gunban; magazines; nra; nraila; winning
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To: PROCON

Bizarro world. For once I don’t want to see the 9th circus overturned.


21 posted on 07/17/2018 4:32:57 PM PDT by rktman (Enlisted in the Navy in '67 to protect folks rights to strip my rights. WTH?)
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To: PROCON

Got lucky on this one. Three judge panel.

I looked it up and found that there are actually a total of 41 active judges on the 9th Circus.


22 posted on 07/17/2018 4:33:07 PM PDT by 2111USMC (Aim Small Miss Small)
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To: PROCON

Does this ruling mean I can still buy “Penthouse?”

I crack me up.

5.56mm


23 posted on 07/17/2018 4:33:11 PM PDT by M Kehoe
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To: PAR35
Thanks for the explanation.

What would be needed to bring it before SCOTUS, to make it binding across the country like D.C v Heller?

24 posted on 07/17/2018 4:33:50 PM PDT by PROCON ('Progressive' is a Euphemism for Totalitarian)
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To: M Kehoe
*Groan* 😀😀😀
25 posted on 07/17/2018 4:36:08 PM PDT by PROCON ('Progressive' is a Euphemism for Totalitarian)
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To: PROCON

Good news for me as I am directly affected by this.


26 posted on 07/17/2018 4:40:00 PM PDT by Parley Baer
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To: PROCON

What about detachable mags ?


27 posted on 07/17/2018 4:40:24 PM PDT by clamper1797 (We are getting close to the last "box")
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To: PROCON

So, I can order some 15 round mags for my Glock 19?
I can get 20-30 round mags for my CA compliant so called assault weapon?


28 posted on 07/17/2018 4:42:52 PM PDT by umgud
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To: PROCON
Anyone who thinks the TPTB( CHP, Local LEO)will activeky observe this in Kali are deluding themselves. They will confiscate on the basis of the mags being a “nuisance item”

It's then up to you to get a lawyer, sue and incur 1000X the cost of the mags to get them back. Good luck.

29 posted on 07/17/2018 4:44:48 PM PDT by Polynikes ( Hakkaa palle)
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To: PROCON
Anyone who thinks the TPTB( CHP, Local LEO)will actively observe this in Kali are deluding themselves. They will confiscate on the basis of the mags being a “nuisance item”

It's then up to you to get a lawyer, sue and incur 1000X the cost of the mags to get them back. Good luck.

30 posted on 07/17/2018 4:45:54 PM PDT by Polynikes ( Hakkaa palle)
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To: PROCON

Related story:

California Constitution states that Attny General of state NUST have law license current for at least 5 years.

Bacerra was appointed by Jerry ( I am losing my mind) Brown-—and Bacerra has NOT had a law license for over 26 (Twenty Six) years.

I would file lawsuit that ANYTHING Bacerra has ever signed or handled is null & void.


31 posted on 07/17/2018 4:50:26 PM PDT by ridesthemiles
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To: PROCON

We’ve had district puke judges making immigration decisions that apply nationwide so why not this?


32 posted on 07/17/2018 4:54:04 PM PDT by Bonemaker (invictus maneo)
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To: PROCON

Good news for everyone. If they challenge this ruling it will have to go to SCOTUS and they will uphold it too.


33 posted on 07/17/2018 4:55:29 PM PDT by TigersEye (This is the age of the death of reason.)
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To: PROCON
Anyone who thinks the TPTB( CHP, Local LEO)will actively observe this in Kali are deluding themselves. They will confiscate on the basis of the mags being a “nuisance item”

It's then up to you to get a lawyer, sue and incur 1000X the cost of the mags to get them back. Good luck.

34 posted on 07/17/2018 4:55:33 PM PDT by Polynikes ( Hakkaa palle)
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To: PROCON

9th circuit’s ruling will affect other jurisdictions.


Nor do I although I’m sure the various circuit courts look at each other’s ruling’s, they are not bound by then. When Circuit courts are in opposition the Supreme Court steps in and resolves the issue.


35 posted on 07/17/2018 4:56:05 PM PDT by Forty-Niner (The barely bare, berry Bear formily known as Ursus Arctos Horrilibis (or U.A. Californicus))
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To: PROCON

“Ramifications for the other states? NY has an almost identical ban, Colorado has a 15 round limit.”

I think New Groinsey and Massaupchuck does too.


36 posted on 07/17/2018 4:59:39 PM PDT by Bonemaker (invictus maneo)
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To: TigersEye

They knew this one was obvious and they want to lower that 80% overturn rate.


37 posted on 07/17/2018 5:04:22 PM PDT by SaxxonWoods (Hmmm)
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To: ridesthemiles
The California Constitution is meaningless to Kali Dems. Becerra was implicated in the Awan/IT scandal regarding the infiltration of the communications of Dems servers. The FBI requested his server. He supplied a server not the server in question. Anything he rules on in my opinion is subject to review as he being basically an illegitimate appointee.
38 posted on 07/17/2018 5:08:15 PM PDT by Polynikes ( Hakkaa palle)
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To: PROCON

I’m shocked though that the 9th Circuit court ruled in favor of the 2nd Amendment.

...

Yep. If the commies can’t win there, they can’t win anywhere.


39 posted on 07/17/2018 5:09:29 PM PDT by Moonman62 (Give a man a fish and he'll be a Democrat. Teach a man to fish and he'll be a responsible citizen.)
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To: Polynikes

“Anyone who thinks the TPTB( CHP, Local LEO)will actively observe this in Kali are deluding themselves. They will confiscate on the basis of the mags being a “nuisance item”

Thanks coppers ...blue lives matter.


40 posted on 07/17/2018 5:17:56 PM PDT by Bonemaker (invictus maneo)
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