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I dont mean to be cynical, but the 9th is one of the worst courts for our side. I find it hard to believe they would give in if they didnt have something up their sleeve.
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They actually refused to hear the plantiff's motion on the 2nd Amendment early in the case, saying that the 2nd Amendment only guaranteed a
collective right to keep and bear arms and as individuals, they had no standing to include that motion.
After Heller, they allowed plaintiffs to refile this motion and they reversed their earlier ruling.