Follow-Up To The 9TH Circuit Court Decision Overturning The Prop. 63 Magazine Ban

Previous Post; https://wwwblackthorn.blogspot.com/2019/04/holy-shit-9th-circuit-court-finally.html


The California State AG could act to file an En Banc request for an appeal to be heard by the full court as opposed to the 3 judge panel that heard the case. It is likely however, after that, there would ve a chance of the case going to SCOTUS. I think the next few years are going to be quite interesting in terms of gun related cases going to SCOTUS.

Both sides have always been leery of taking these cases to the top of the Judicial food chain. You can never be sure which way things are going to go. The issue here, if you read the article I linked to in my post of 4-1-2019 fully, is that the new law passed now requires owners of magazines that hold over 10 rounds (that were previously grandfathered in under the old law) to be turned in, sold out of state, or modified to only accept 10 rounds. So the decision was narrowly tailored.

The California AG may decide to let it stand in order to avoid the possibility of a SCOTUS decision that could nullify the existing California Magazine capacity ban. Such a decision would almost certainly have a ripple effect on such laws/bans in other states.

Like I said, this could become really interesting. As I've talked about on other online sits before, the non-stop carefully chosen pro-gun law suits that have happened since the Heller decision in 2008 have been succeeding in doing what the anti-gun groups did over a period of decades previously. Building a foundation for all of the more current cases and successes in the courts. Pro-Gun advocates would all like to see the one big win, but in reality it's the series of smaller victories that always lay the foundation for bigger wins going into the future.

A lot of people, even in pro-gun circles, have for years pissed and moaned about Wayne LaPierre and the way he did things, but it was his strategy of carefully picking cases that had the best chance of succeeding in court that laid the trail of court precedents in gun cases that led to the changes we're seeing today. Nothing gets done overnight, you're either in it for the long haul, or you're just wasting your time.

AS with another case that the SCOTUS has agreed to hear, that being the the matter of the City of New York's law forbidding licensed handgun owners from taking their hand guns out of the city for hunting, target competitions, etc. The case will be heard later in 2019 and the decision rendered in 2020.

The following passages are selected quotes from the New York Times (copyright to the New York Times Corporation) article "Supreme Court Will Review New York City Gun Law" by Adam Liptak dated Jan 22, 2019;

Go to the link below for the entire article;

LINK https://www.nytimes.com/2019/01/22/us/politics/supreme-court-guns-nyc-license.html

“This is just the first case but not likely the last case where at least four justices open the way to a major ruling that could limit gun safety laws,” said Michael Waldman, the author of “The Second Amendment: A Biography,”

Mr. Waldman said he was surprised the Supreme Court agreed to hear such a minor Second Amendment case when it has ducked some major ones.

“It’s a city ordinance, not a state law,” Mr. Waldman said. “This particular rule is unusual. It may be the only one of its kind in the country. The justices,” he said, “may see this as a way to start addressing gun rights outside the home in a quirky and incremental manner.”

Tuesday’s (Jan 2019) decision to hear the case sent a message about a new era in the court led by Chief Justice John G. Roberts Jr.

“The Second Amendment is alive and well in the Roberts court,” Mr. Adam Winkler (Author)said.