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Originally Posted by Chris Karma
I agree, but a state can shop the case to the ninth circuit,...
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No, a State can't "shop" the case. It must bring the case in the Circuit in which the State is located.
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Originally Posted by Chris Karma
...didn't Montana or Wyoming do a similar "tenth amendment" gun law?
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Both adopted such laws. The Montana law was litigated, and the Montana law got hammered by the Ninth Circuit, as I mentioned in post 4.
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Originally Posted by Chris Karma
...I'm pretty sure the scotus will overturn the 9th like it almost always does....
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Almost isn't always, and it unlikely here.
- The Ninth Circuit's decision in Montana Shooting Sports was based on Supreme Court precedent, i. e., Gonzales v. Raich, 545 U.S. 1 (2005) in addition to a Ninth Circuit case, United States v. Stewart, 451 F.3d 1071 (9th Cir. 2006).
- That 2006 decision in Stewart was the result of a 2003 decision in that case being kicked back to the Ninth Circuit by the Supreme Court with instructions to reconsider the decision in light of Gonzales. So the Ninth Circuit has already taken instructions in this sort of case from the Supreme Court.