Yesterday brought news that the Ninth Circuit Court of Appeals had ruled against magazine capacity limits.  A definite win and a moral victory for our side, with verbiage that the gun owners’ civil rights movement will be quoting from for a long time to come.

Read it here.

Basically, they supported the original decision of Judge Roger Benitez. When the California AG’s office appealed, Judge Benitez put a stay on his order, and at this writing to the best of my knowledge the stay has not been lifted. We haven’t heard from the AG’s Office as of this writing but it is expected that they’ll request an en banc hearing and if that doesn’t go their way, perhaps even take it to the US Supreme Court.

So, California readers, I for one will be taking only ten-round magazines to California when I go there next month to teach.

But this decision is nonetheless a step in the right direction, and a big bright ray of hope and freedom.

Update here: https://crpa.org/wp-content/uploads/FAQ-and-Analysis-Re-Ninth-Circuit-Panel-Decision-08162020.pdf

34 COMMENTS

  1. If the liberals are still the majority in the 9th – then the decision will soon go the other way. Magazine bans will continue. Appeal to SCOTUS? Good luck- they either refuse to hear the case or Roberts votes with the radical left (again).

  2. Okay uncle Mas, what will be your CA carry pistol this trip? I’d go with a 43x and 2-3 reloads. Hopefully next time you can take that 19 Gen 5 😀

  3. The fight is going to get tougher and tougher in the years to come, as more and more liberals get control of courts and worry less and less about following the law or taking into account the Constitution and more about using their judicial positions as a way to advance their social and political ideology.

    • Michael-Trump has put many, many conservative judges in the federal courts in his first term. The effect of that will be felt for decades.

    • What RetDet said. While the media was paying attention to “Russia Collusion”, covering the “peaceful protests”, and finding racist undertones in Melania Trump’s philanthropic activities and fashion choices (Melania — and only Melania — wears white to support the KKK, dontcha know … even at events in which every female in the room is wearing white), the GOP-led Senate has confirmed hundreds of judicial nominations for all levels of appellate courts.

      It’s not as sexy or exciting as Executive Orders or passing and signing legislation, but the effect lasts much longer.

  4. As many of us already know, the Constitution itself is under threat of being changed. It’s unfortunate that winning a battle doesn’t solve much when the opposition has almost unlimited funds and only needs one good win to settle the issue.
    As mentioned earlier, don’t take your eye off the ball – and be sure to vote accordingly.

    • The Constitution isn’t so much in danger of being changed as it is of being ignored! That’s the standard tactic of the marxists, ignore laws and tenets with which you do not agree!

      • Don’t forget the other part of that Marxist tactic: enforcing those same laws on your opponents.

        Everything President Trump does gets challenged as unconstitutional, no matter how reasonable or legal, or how many times Obama/Bush/Clinton did it without question. But Democrats write a law that objectively and blatantly violates the Constitution, and we’re supposed to accept it as “progress”.

        Rule of thumb: Any time a Marxist/Leftist accuses you of some wrongdoing, odds are good they’re guilty of it themselves.

  5. Good time to be carrying a 1911 in California. Or a Glock 26 (if and only if it’s loaded with COR®BON 115 grain +P).

    • IDK, I have a box of Underwood 115 gr +P+ Gold Dots which a very credible source (LVMPD then, firearm instructor now) strongly endorsed. Be safe!

  6. The US has had record firearms sales this year. More than 12 million NICS checks from March through July. People are coming to realize that they are responsible for their own safety as police are “defunded”. I also notice the Left has been mum on gun control lately, however conservatives are finding every speech and SM post they can to expose their goals. It’s not the hard core Marxists we have to worry about. It’s the misinformed fence-sitters who could tilt this election one way or the other.

  7. If this does make to the Supreme Court will be interesting to see how the vote goes. If the decision stands will local governments just go ahead and write their own firearm ordinances? Some cities and counties do that now to get around court rulings.

  8. This thread reminded me to look at Web-posted California firearms restrictions. Endless data on sale, manufacture., etc, of various items. Rules vis a vis unwelcome weapons, stowing weapons unloaded before crossing into Cal, etc. I am wondering if anyone has encountered difficulties in Cal or elsewhere with having loaded magazines in a car or the like. I have been places where it was rumored that a loaded magazine was of the same status as a loaded weapon. I have driven into Cal a few times. Did get stopped on the bridge over the Colorado River one night. Reason given was I was driving too slowly, which I think was probably a mile under the speed limit. Didn’t get a ticket, don’t mind the occasional doubtful stop. Glad I was legal, though.

    • Steve, when I took the LTC course in the Socialist Republik of Taxachusetts, we were informed that Taxachusetts considers the loaded magazine to be a loaded firearm, since it is part of the feeding process of the firearm, even if it is not inserted. On the other hand, a revolver and speedloader are NOT considered to be a loaded firearm, since the speedloader is not a part of the function of the firearm.

  9. The added information/analysis is most welcome. IIRC, Heller and/or McDonald required the use of strict scrutiny on Second Amendment issues. Various courts repeatedly have ignored this requirement. Be very interesting what happens next. Expect appeal to full 9th Circuit.

    About the post immediately above. Back in the late 1980’s I was pulled over by the CHP. After a brief conversation, possibly a quick & dirty sobriety check, I was told I could go. Curious and since there were 2 of them, I “didn’t” ask what the probable cause for the stop was. It was that I was driving the (55 mph)speed limit. Per the nameless officers, in CA, no one drives the speed limit. The fact that I was from a state where they were really serious about 55 mph helped.

    • WR Moore,

      So you got pulled over for obeying the law, and the same thing happened to Strategic Steve, because driving one mile-per-hour under the speed limit is still obeying the law. I would call that harassment.

      I lived in Hollywood in 1998. I was told the police were too busy to come to traffic accidents unless the humans were injured. So, that would lead me to believe that LA cops are busy, but cops in other parts of CA are not very busy. That would account for the different tactics, I guess.

      • I was stopped on 10 between La Puente and Berdoo for driving at less than the posted limit, CHP said he thought something was wrong.
        I was doing 50 because I had just reassembled the engine and taking it easy. But he still did the vehicle safety check.
        Annoying but no harm done.

  10. Friend WR, thx much. Others have related to me being stopped for obeying the signs in Cal. Lots of good to find in Cal, but sometimes visitors there seem to be xxxxed if they do, and xxxxed if they don’t. Best story I have is obliviously parking along the San Andreas fault one night. Like trying to rest on a bouncing Slinky toy. Nobody bothered me there all night, though. Only saw the San Andreas sign after sunrise.

  11. This is off topic, but still about guns. On Monday, August 10th the President was giving a news conference in the White House. There was a shooting nearby and the Secret Service escorted the Prez out of the room for a few minutes.

    All I can find out is that 51-year-old Myron Berryman from Forestville, MD told a police officer he was armed, then went into a shooting stance and was shot twice in the torso by the police officer. He was taken to the hospital and is still alive.

    I haven’t heard any follow-up stories about this incident. Was this a suicide by cop attempt? Was he trying to get to the President? What are his political beliefs?

    My guess is that covering this story might result in a cubic milliliter of sympathy for Donald Trump, and that would be too generous for the fake media to give.

    Does anyone have more information? Of course I did a Google search.

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