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Old January 21, 2022, 07:35 PM   #6
Metal god
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Join Date: April 10, 2012
Location: San Diego CA
Posts: 6,293
Quote:
Well, I'll put my 'dumb bunny' ears up and admit I don't understand what they mean by a 'Second Amendment' challenge.
Isn't everything a challenge on appeal ? Whom ever brings the case up to the 9th is challenging the lower courts ruling . Not sure it needs to be specified that the original complaint was or was not unconstitutional it's simply a challenge to the last courts ruling ? When it comes to the 9th , it doesn't seem to matter how , what or who is challenging the last ruling . The 9th always rules in favor of the restrictions in the end either upholding or striking down the last ruling .

Quote:
I'd like to say I appreciate the folk posting these rulings and it's on me that I'm having trouble comprehending this one. To me, challenging the 2nd would me asking for more gun control but that doesn't seem consistent with the rest of the paragraph.
You might be right as to the wording but as of late there has been several cases that went are way . Meaning striking down gun control laws which promptly get over turned with an en banc challenge . FWIW most cases regardless of type are heard by only a 3 judge panel at the 9th . The overwhelming majority of those cases are excepted and become precedent . There can be what's called and en-banc review of the 3 judge ruling . En-banc is when one of the parties ask for that or any judge at the 9th can request a rehearing en-banc which is the full court rehearing to double check the 3 judge ruling was correct .

What he is pointing out is every one of those 50 3 judge rulings that struck down a gun control measure as unconstitutional or upheld a favorable ruling
has been reversed through an en-banc rehearing . Not only does the 9th circuit disproportionately grant en-banc rehearing's in 2nd amendment cases compared to all other types of cases . They have ALWAYS ruled in favor of the state in upholding the gun law/regulation they are reviewing . Not once has the 9th's final ruling ever been in favor of less restrictions in the last 50 cases since heller which "was" are big win .

The biggest quoted line from heller I've seen the 9th use is . ( paraphrasing )The 2nd does not grant any person to carry any weapon , anywhere for any reason . Boy they have latched on to that to say pretty much any restriction is gtg .
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Last edited by Metal god; January 22, 2022 at 07:39 PM.
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