Ninth Circuit Panel Rules CA Unsafe Handgun Act not Covered by Second Amendment

Gun Watch ^ | 10 August, 2018 | Dean Weingarten

[marktwain]

The Ninth Circuit is hostile to the Second Amendment.

[donozark]

There was some talk of abolishing the Ninth Circus Court. Do it!

[HombreSecreto]

Which will be reversed by SCOTUS.

Time to break up the 9th Circuit and pack the remnants with common-sense, constitutional jurists!

MAGA - Make Appeals Courts Great Again

[PapaBear3625]

The 9th Circuit has 22 judges, with 6 slots being vacant and subject to being filled by Trump. The district courts in the 9th will have 24 vacancies out of 122 to be filled by Trump.

If we can retain control of the Senate, we can shift the 9th.

[marktwain]

Only if SCOTUS agrees to hear the case. They have not agreed to hear a Second Amendment case from the Ninth Circuit yet.

[PapaBear3625]

Sorry, correction, 29 judgeships not 22.

[jimfree]

Actually, the least restrictive constitutional test is rational basis.

[trebb]

How about manufacturers refuse to cater to Kalifornia - if nobody there can buy guns or cars, then the good ones will leave and the State will rot itself to death....

[Cboldt]

-- The Ninth Circuit is hostile to the Second Amendment. --

Quelle surprise.

Nearly all, effectively all of the US Federal Court system is hostile to the 2nd amendment to some degree. Even SCOTUS, which redefined the holding of the Miller case.

To be covered by the 2nd amendment in the test applied in the Miller case, the weapon had to have a military use. Under the Miller holding redefined by a majority in the Heller case, weapons that have been successfully restricted to the military by long standing laws are not covered by the 2nd amendment.

At any rate, the recent 9th Circuit circular reasoning and redefinition of intermediate scrutiny is nothing new or surprising. Courts are bastions of rationalizing outcomes with dishonest logic. No moral authority whatsoever.

[FlingWingFlyer]

I knew that the Ninth Circus would only get worse once Cauliphonya legalized “medical” marijuana as a “recreational” drug.

[American in Israel]

Our Judicial system is unconstitutional.

[TaxPayer2000]

The third provision, adopted to aid law enforcement, requires new handguns to stamp microscopically the handgun’s make, model, and serial number onto each fired shell casing.

Always police your brass...

[Dusty Road]

Well just collect a little stamped brass at the local, and toss it around your favorite crime scene and just sit back and watch the fun.

[marktwain]

Actually, the least restrictive constitutional test is rational basis.

---

Yes, least restrictive for the government.

Almost anything can pass rational basis. The government just has to make a claim that there is some rational reason for the law. It does not have to be true.

In several circuits, “Intermediate scrutiny” has collapsed to “rational basis”.

But, I am not a lawyer. I am willing to be educated to a different understanding.

[gibsonguy]

This is why the Rats are going to fight with everything they have to stop Kavanaugh it keeps the Supreme at 4-4 until next year. Renegade Judges can run wild and the 9th circus can set precedents

[jimfree]

Rational basis is essentially being able to articulate a legitimate government interest and stops there. Intermediate scrutiny steps that up to an important government interest and requires that the government action must be through means that further that interest. Intermediate scrutiny is commonly used for sex discrimination. Strict scrutiny requires a "compelling government interest" with the government action narrowly tailored to achieve that interest. Strict scrutiny is applied when basic rights are involved - speech, religion, etc.

This online legal dictionary runs through each of the review levels with some good examples.

Legal Dictionary Article on Strict Scrutiny

[daler]

"There was some talk of abolishing the Ninth Circus Court. Do it!"

You realize, of course, that if that were to actually happen a leftist judge would overrule the decision...

[MileHi]

...requires new handguns to stamp microscopically the handgun’s make, model, and serial number onto each fired shell casing.

Does any company actually make such a thing? I wish every firearm and ammo manufacturer would refuse to do business in Kali, including all of their law enforcement.

[marktwain]

Yes, that is the way I have read it.

The Ninth Circuit, in Peruta, simply accepts the idea that restricting access to guns promotes safety. The ignored the fact that open carry is banned in California.

[Cletus.D.Yokel]

Easier: Buy a revolver.