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2nd Amendment Victory in California

District Court win, which can be reversed by the Circuit Court, but a win is a win, and for now California can’t enforce their magazine ban.

It’s good to see some victories. As Dave mentions, it could be the next wave of appellate challenges. I am becoming cautiously optimistic. It’s a long shot, I think, to get court protection for all semi-automatics and accessories. Federal judges are elites who tend to come from more urbanized areas. They don’t like the idea of the peons being armed any more than you’d expect from someone of that class.

I appreciate everyone’s patience through the light posting period. I’ve been extremely busy. Trying to start new steel matches, rebuilding Bitter’s S&W 622, and trying to balance multiple clients at the paying job. I shoot Bitter’s 622 more than she does, and it started getting very fussy about ammo. Replacing the recoil spring, extractor spring, and firing pin seems to have breathed some new life into it. I’d like to have replaced the extractor too, but they are hard to find right now.

19 Responses to “2nd Amendment Victory in California”

  1. Arizona Rifleman says:

    As a native Californian who spent several years in a free state and now lives in the district of Eric “Nuke Em” Swalwell thanks to work relocating me here, this ruling has filled me with a glee that is hard to express in words.

    The fact that everywhere sold out of mags just about instantly serves asaa reminder that California has gun owners who aren’t too keen on the status quo. We may be outnumbered in the legislature, but we are here.

  2. RAH says:

    This was a big win Plus Trump has been focused on increasing his picks for 9 th Circuit

    • aerodawg says:

      Court picks are why, despite the fact I think he’s a d-bag a lotta times, I’m lining up behind Trump. The judges he appoints will have effects 20 and 30 years from now….

      • Patrick Henry, the 2nd says:

        That’s how I’m feeling too. I was a strong NeverTrumper in 2016, but he’s proved me wrong. And with the Dems going HARD on crazy, I’m not sure the NeverTrump argument applies any more.

        • RAH says:

          Glad to see that you have changed your mind Do not need to like him but he fights for us We have another 150 judges to get through

  3. Ian Argent says:

    The opinion was strongly-worded and very much written for an audience at 1 1st St NE.

    The layered defense of “Fails basic Heller, but it ALSO fails both strict and intermediate scrutiny” is aimed straight at CJ Roberts. Quotes (approvingly) from Thomas, Scalia, and Kavanaugh (mostly from their dissents). I didn’t read the whole thing, so if it also included a quote from Gorsuch, I missed it.

    I think it was strong and well reasoned, of course.

  4. Ian Argent says:

    The appeal was filed today. Looked like weaksauce to me.

    “If you don’t lift the injunction, people will be able to buy more LCMs and it’ll be apocalyptic!”

    • BC says:

      The argument that the ruling needs to be stayed while the appeal is litigated should be laughed out of court. But this is the Ninth, so whatever.

      • Ian Argent says:

        The judge stayed the permanent injunction with protection for the people who obtain magazines between the start of the injunction and 5 pm today.

        (Which the plaintiffs asked for as a minimum)

  5. Patrick Henry, the 2nd says:

    This is one of the best defenses of the Second Amendment I’ve ever seen. The fact that it applies to accessories is even better. Really puts great arguments for most gun control, especially ammo bans & taxes, and scary looking gun bans.

    • RAH says:

      I agree Most of the left attempts to subvert our 2 a rights have been targeted at ammo ,magazines, ranges and accessories So this decisi0on counters those attempts

  6. RAH says:

    I just read that Magpul is devoting their production to California gun owners in the wake of this decision I do not think a stay will be granted because of the strong language of the decision

    • Matt says:

      I am cynical enough to believe that they might. Logic, reason, facts, or the law don’t always factor into the 9th’s decision making – politics and ideology do. Trumps recently approved appointments, however, might change the balance. Watching the two senators crying over the whole things has been quite satisfying.

      Also, if CA was smart they would let it go so that it only will effect them. IF they loose in the 9th then the whole west will be immune from such tyranny and will set a strong precedent elsewhere. If they lose at the SCOTUS then LOL to NJ, NY, CT, MD, MA, DC, etc.

      The judges order is pure gold and the logical and legal gymnastics needed to refute it will be entertaining.

  7. Will says:

    “Also, if CA was smart they would let it go so that it only will effect them.”

    You have overlooked the fact that CA is the center of the universe. There is NO WAY the Leftists would be able to put anywhere else above themselves, even fellow Leftists. All Leftists are equal, but some are more equal than others.

    BTW, I have seen NO MAGAZINE SELLERS that continue to list CA as a restricted state. Most of their stock has been sold already!

  8. Antibubba says:

    Will, CDNN still refuses.

    If all y’all non-Californians can put off your orders until Saturday, it’d be greatly appreciated.

  9. mike w says:

    I’m not as optimistic as some are. Dems in blue states have continued to act as though the Heller / McDonald rulings never happened and have, in most cases, clamped down even harder on gun rights since 2008.

    Delaware is poised to pass a “Safe Storage” bill that is a direct repudiation of the Heller ruling.

    Like Glenn Reynolds said, it’s about Democrat politicians showing those flyover rubes, or really anyone who isn’t a lefist, who the boss is. “Bow and kneel before me, servant”

  10. RAH says:

    The stay was approved but over a million magazines were sold in a week

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