Posted on 06/25/2019 2:45:19 AM PDT by LibWhacker
Conflicts among the various districts is usually a strong reason for SCOTUS to take a case, but there are already conflicting rulings among the districts regarding concealed carry, yet SCOTUS hasn't made a ruling.
The problem is that you must have someone appeal to SCOTUS before they can take a case. In other Second Amendment cases where the districts are in conflict, The anti-gunners have decided not to appeal to the Supreme Court in fear of getting an unfavorable (to them) ruling that applies nationwide.
So assuming the 9th Circus ultimately sides with this Judge, it will be up to the California Attorney General to appeal, and he may be under tremendous pressure from states like New York not to do so.
I DESPISE the Heller test of “in common use.”. What is there is no common use due to the very law at issue in a case (such as a challenge to the 1934 NFA restrictions on full autos, it it’s evil twin, the ‘86 FOOA ban on new registration of civilian full autos)??? The test is bogus - the 2nd doesn’t protect the right to keep and bear arms in common use, it protects ALL arms. I can understand that perhaps Scalia & Co. could only win Heller with this language at the time, so they compromised to at least stop some of the most outrageous gun control, but this issue MUST be revisited (perhaps after Ginsburg and Breyer are replaced by people who can actually comprehend the Constitution).
“What is there is no common use due to the very law...”
should be:
“What IF there is no common use due to the very law...”
Geez, I really need to have some Covfefe this morning.
“...such as a challenge to the 1934 NFA restrictions on full autos, it it’s evil twin, the ‘86 FOOA ban...”
should be:
“...such as a challenge to the 1934 NFA restrictions on full autos, OR it’s evil twin, the ‘86 FOPA ban...”
It's not about self-defense. It's about resisting tyranny.
ML/NJ
This is already happening in Murphy’s NJ. ANJRPC and NRA are driving the appeals process and attempting to get the Federal bench to issue an injunction on enforcement while the case works its way up to (hopefully) SCOTUS.
What I’ve read thats interesting is that rulings from the Cali case have no bearing on rulings in any other state until the Fed steps in and passes judgement.
10+ magazines in NJ have been contraband since March 2019. 1 million + instant felons in NJ. What a cesspool I live in.....
I will use this information if and when the law comes to my home in search of my magazines. Anti Constitution in one state must be so in all states.
“I DESPISE the Heller test of “in common use.”. What is there is no common use due to the very law at issue in a case “
The judge, in his ruling , touches on this very subject. Stating very clearly how CA banned mags with more than 10 rounds then proceeded later to ban all because they were no longer in common use. Stated very clearly that the state cannot set conditions then use those conditions to pass the common use test.
While I agree that “shall not be infringed” is more than enough to clear us of all 2A restrictions, I would say this judges ruling is well worth the read. Many amazing quotes in there from a judge that gets it.
Anyone here who has not read the ruling, I highly suggest you do. It really is one of the best, if not the best 2A ruling I have read in my lifetime. Touches on many things that are destroying the 2A today and really seems to be setting up many future 2A rulings.
“Second Amendment right to keep arms for self-defense
It’s not about self-defense. It’s about resisting tyranny.”
“You don’t need ten rounds to kill a deah...” They don’t understand the actual reason for the second, but they are getting closer to finding out.
But it's stupid. Reloading is eezy peezy....and fast...not like a six shooter.
I’ll ship it to you.
Interesting point about other states not wanting to appeal to SCOTUS.
Question
I live in Colorado where the magazine limit is 15 rounds. If the 9th rules in favor of the Judge, can I, even though I live in the 10th, use that as justification for a suit to lift the Colorado ban?
But won’t CA’s need to go to an FFL dealer now to buy ammo?
California is So Screwed
Up that Nobody Knows.
Which is why Democrats would never want it to get to the Supreme Court.
Why wait? You already have justification to file suit to lift the Colorado ban. You could cite Judge Benitez's well thought out arguments, and use his same citations of Heller. However, you'd be in for hundreds of thousands of dollars in attorney fees to do so.
If what you are asking is if you could use the 9th Circuit ruling (assuming it goes the right way) as justification to walk into your local gun store and demand you be sold a full capacity magazine, the answer is no. 9th Circuit rulings are only enforceable in the 9th district.
Which is why the Democrats didn't appeal the 7th Circuit's ruling in Moore v. Madigan that forced Illinois to become a concealed carry state.
Had they appealed to the Supreme Court and lost, concealed carry would have become a right in all 50 states and U.S. Territories, and would have put in jeopardy the "may issue" laws in California, New York, New Jersey, etc.
Thanks, I will take the time to read it.
You bet. It’s a great read and an even better read when you realize it is a California judge haha.
Wonder if New York’s restrictions will be overturned?
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