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January 20, 2022, 09:37 PM | #1 | |
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Join Date: April 10, 2012
Location: San Diego CA
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9th circuit uses strict scrutiny on a 2nd amendment case :-o
https://cdn.ca9.uscourts.gov/datasto...0/20-56220.pdf
This case is from the 2020 Covid lockdowns in CA where many cities and counties were shutting down gun stores and shooting ranges . Well maybe we still have a chance here on the left coast . SUMMERY Quote:
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If Jesus had a gun , he'd probably still be alive ! I almost always write my posts regardless of content in a jovial manor and intent . If that's not how you took it , please try again . Last edited by Metal god; January 21, 2022 at 01:58 PM. |
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January 21, 2022, 03:30 AM | #2 |
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I found it very telling that they let bike stores stay open while gun stores shut down.
https://www.msn.com/en-us/news/us/fe...?ocid=msedgntp |
January 21, 2022, 07:00 AM | #3 |
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Thanks for posting that. Vandyke's concurrence is very entertaining.
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January 21, 2022, 11:32 AM | #4 |
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Judge Van Dyke described the current situation with the 9th Circuit and California gun laws wonderfully in his dissent of the en banc overturn of Duncan v Bonta:
By my count, we have had at least 50 Second Amendment challenges since Heller—significantly more than any other circuit—all of which we have ultimately denied. In those few instances where a panel of our court has granted Second Amendment relief, we have without fail taken the case en banc to reverse that ruling. This is true regardless of the diverse regulations that have come before us—from storage restrictions to waiting periods to ammunition restrictions to conceal carry bans to open carry bans to magazine capacity prohibitions—the common thread is our court’s ready willingness to bless any restriction related to guns. Respectfully, Judge Hurwitz’s claim that our judges’ personal views about the Second Amendment and guns have not affected our jurisprudence is simply not plausible. Res ipsa loquitur. [It speaks for itself] Pages 155-156
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January 21, 2022, 07:09 PM | #5 | |
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Quote:
Is a 'Second Amendment' challenge: A. A request for more, tighter gun control and regulations or B. A request that gun control regulations be struck down or relaxed 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. |
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January 21, 2022, 07:35 PM | #6 | ||
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Quote:
Quote:
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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If Jesus had a gun , he'd probably still be alive ! I almost always write my posts regardless of content in a jovial manor and intent . If that's not how you took it , please try again . Last edited by Metal god; January 22, 2022 at 07:39 PM. |
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January 22, 2022, 12:24 PM | #7 | |
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Quote:
He means a challenge to an existing law based on the Second Amendment.
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Time Travelers' Wisdom: Never Do Yesterday What Should Be Done Tomorrow. If At Last You Do Succeed, Never Try Again. |
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January 22, 2022, 01:24 PM | #8 | |
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Quote:
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If Jesus had a gun , he'd probably still be alive ! I almost always write my posts regardless of content in a jovial manor and intent . If that's not how you took it , please try again . |
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January 22, 2022, 04:00 PM | #9 |
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Ah Ha! Thanks for the explanation guys. This is one of the many reasons I really like this site.
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