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Federal Judge Overturns California’s AR15 Ban #16143585 06/04/21
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geedubya Offline OP
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Re: Federal Judge Overturns California’s AR15 Ban [Re: geedubya] #16143657 06/04/21
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It's a start.


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Re: Federal Judge Overturns California’s AR15 Ban [Re: geedubya] #16143668 06/04/21
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Remsen Offline
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The opinion is brilliant and 100% in line with the Constitution, but the judge gave the state 30 days to have the 9th circuit stay the order and there's no question that that's what they'll do.

As with most gun cases, the issue is that the Supreme Court refuses to take up a meat and potatoes case dealing with "assault weapons ". Only they can make this brilliant opinion the law of the land. Otherwise, the 9th circuit will write the law.


I hate lawyers and Jews.
Re: Federal Judge Overturns California’s AR15 Ban [Re: Remsen] #16143678 06/04/21
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Leanwolf Offline
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Originally Posted by Remsen
The opinion is brilliant and 100% in line with the Constitution, but the judge gave the state 30 days to have the 9th circuit stay the order and there's no question that that's what they'll do.

As with most gun cases, the issue is that the Supreme Court refuses to take up a meat and potatoes case dealing with "assault weapons ". Only they can make this brilliant opinion the law of the land. Otherwise, the 9th circuit will write the law.


You're 100% correct. The 9th will overturn this and and the U.S.Supreme Court will refuse to hear the case, therefore the 9th's far left anti-Second Amendment bias will continue on its merry way.

L.W.


"Always go straight forward, and if you meet the devil, cut him in two and go between the pieces." (William Sturgis, clipper ship captain, 1830s.)
Re: Federal Judge Overturns California’s AR15 Ban [Re: geedubya] #16143688 06/04/21
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GRIZZ Offline
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It will just get hung up in the ninth circuit just like the ruling on the high cap mag ban same Judge. At least he trying.


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Saint Benitez does it - California’s AR-15 ban is Unconstitutional! #16143738 06/04/21
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https://www.thegatewaypundit.com/2021/06/breaking-federal-judge-overturns-californias-ar15-ban/

Excerpts:

Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle, the AR-15 is the kind of versatile gun that lies at the intersection of the kinds of firearms protected under District of Columbia v. Heller, 554 U.S. 570 (2008) and United States v Miller, 307 U.S. 174 (1939). Yet, the State of California makes it a crime to have an AR-15 type rifle. Therefore, this Court declares the California statutes to be unconstitutional.

...

This case is not about extraordinary weapons lying at the outer limits of Second Amendment protection. The banned “assault weapons” are not bazookas, howitzers, or machineguns. Those arms are dangerous and solely useful for military purposes. Instead, the firearms deemed “assault weapons” are fairly ordinary, popular, modern rifles. This is an average case about average guns used in average ways for average purposes.

One is to be forgiven if one is persuaded by news media and others that the nation is awash with murderous AR-15 assault rifles. The facts, however, do not support this hyperbole, and facts matter. Federal Bureau of Investigation murder statistics do not track assault rifles, but they do show that killing by knife attack is far more common than murder by any kind of rifle. In California, murder by knife occurs seven times more often than murder by rifle. For example, according to F.B.I. statistics for 2019, California saw 252 people murdered with a knife, while 34 people were killed with some type of rifle – not necessarily an AR-15. A Californian is three times more likely to be murdered by an attacker’s bare hands, fists, or feet, than by his rifle.In 2018, the statistics were even more lopsided as California saw only 24 murders by some type of rifle. The same pattern can be observed across the nation.

...


You might not know it, but this case is about what should be a muscular constitutional right and whether a state can force a gun policy choice that impinges on that right with a 30-year-old failed experiment. It should be an easy question and answer. Government is not free to impose its own new policy choices on American citizens where Constitutional rights are concerned. As Heller explains, the Second Amendment takes certain policy choices and removes them beyond the realm of permissible state action. California may certainly conceive of a policy that a modern rifle is dangerous in the hands of a criminal, and that therefore it is good public policy to keep modern rifles out of the hands of every citizen. The Second Amendment stands as a shield from government imposition of that policy.

There is only one policy enshrined in the Bill of Rights. Guns and ammunition in the hands of criminals, tyrants and terrorists are dangerous; guns in the hands of law-abiding responsible citizens are better. To give full life to the core right of self-defense, every law-abiding responsible individual citizen has a constitutionally protected right to keep and bear firearms commonly owned and kept for lawful purposes.





"What we obtain too cheap, we esteem too lightly: it is dearness only that gives every thing its value. Heaven knows how to put a proper price upon its goods; and it would be strange indeed if so celestial an article as freedom should not be highly rated." Thomas Paine
Re: Saint Benitez does it. [Re: RickBin] #16143743 06/04/21
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Re: Saint Benitez does it. [Re: DMc] #16143745 06/04/21
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Thank you. Merged the threads.


"What we obtain too cheap, we esteem too lightly: it is dearness only that gives every thing its value. Heaven knows how to put a proper price upon its goods; and it would be strange indeed if so celestial an article as freedom should not be highly rated." Thomas Paine
Re: Federal Judge Overturns California’s AR15 Ban [Re: geedubya] #16143755 06/04/21
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It's a shame the overturning of the ban was not effective immediately, so y'all could have ditched all of the goofy looking crap before the appellate court screws you.

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Re: Federal Judge Overturns California’s AR15 Ban [Re: geedubya] #16143776 06/04/21
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Re: Federal Judge Overturns California’s AR15 Ban [Re: geedubya] #16143914 06/05/21
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The pattern.

Judge declares law unconstitutional.

case appealed to the 9th Circuit

9th Circuit overturns Judges ruling

Case appealed to SC

While the SC decides whether or not to grant cert., a mass shooting or three with AR-15's, shooters known to the FBI.

SC denies cert., Ban is upheld.


Give a man a fish and he eats for a day. Give a man a welfare check, a forty ounce malt liquor, a crack pipe, an Obama phone, free health insurance. and some Air Jordan's and he votes Democrat for a lifetime.
Re: Federal Judge Overturns California’s AR15 Ban [Re: geedubya] #16143927 06/05/21
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g5m Offline
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A Federal Judge who actually considers the Constitution. Nice to see.


Retired cat herder.


Re: Federal Judge Overturns California’s AR15 Ban [Re: steve4102] #16144459 06/05/21
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antelope_sniper Offline
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Originally Posted by steve4102
The pattern.

Judge declares law unconstitutional.

case appealed to the 9th Circuit

9th Circuit overturns Judges ruling

Case appealed to SC

While the SC decides whether or not to grant cert., a mass shooting or three with AR-15's, shooters known to the FBI.

SC denies cert., Ban is upheld.


Well see,
https://allongeorgia.com/georgia-st...upreme-court-to-uphold-second-amendment/

At least 24 AG's filed amicus briefs with SCOTUS for the New Jersey ASW and magazine ban case. If we can get up to 30 states to sign on to the pro 2nd amendment side of this case I suspect it will be too much for SCOTUS to ignore.

We should have a ruling on the "May Issue" case next June. It will be interesting to see where things go from there.


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The U.S Government has a unique capacity for getting things upside down.
Milton Friedman.

Go quiet or full tilt, just don't get caught in the middle of the stupids. DD
Re: Federal Judge Overturns California’s AR15 Ban [Re: geedubya] #16144472 06/05/21
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EthanEdwards Offline
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This is huge. A hearty cheer for California and the people who live there. Hooray! Congrats!

Re: Federal Judge Overturns California’s AR15 Ban [Re: geedubya] #16144474 06/05/21
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Higginez Offline
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Re: Federal Judge Overturns California’s AR15 Ban [Re: antelope_sniper] #16144604 06/05/21
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steve4102 Offline
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Originally Posted by antelope_sniper
Originally Posted by steve4102
The pattern.

Judge declares law unconstitutional.

case appealed to the 9th Circuit

9th Circuit overturns Judges ruling

Case appealed to SC

While the SC decides whether or not to grant cert., a mass shooting or three with AR-15's, shooters known to the FBI.

SC denies cert., Ban is upheld.


Well see,
https://allongeorgia.com/georgia-st...upreme-court-to-uphold-second-amendment/

At least 24 AG's filed amicus briefs with SCOTUS for the New Jersey ASW and magazine ban case. If we can get up to 30 states to sign on to the pro 2nd amendment side of this case I suspect it will be too much for SCOTUS to ignore.

We should have a ruling on the "May Issue" case next June. It will be interesting to see where things go from there.

You assume that the SC controlled by compromised Justice Roberts, gives as schit about the Constitution.


Give a man a fish and he eats for a day. Give a man a welfare check, a forty ounce malt liquor, a crack pipe, an Obama phone, free health insurance. and some Air Jordan's and he votes Democrat for a lifetime.
Re: Federal Judge Overturns California’s AR15 Ban [Re: Remsen] #16144814 06/05/21
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MontanaMan Offline
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Originally Posted by Remsen


As with most gun cases, the issue is that the Supreme Court refuses to take up a meat and potatoes case dealing with "assault weapons ". Only they can make this brilliant opinion the law of the land. Otherwise, the 9th circuit will write the law.


While this is a great ruling, unfortunately, the likelihood of surviving a 9th circuit appeal is very low, IMO.

I'd love to be wrong.......................

MM

Re: Federal Judge Overturns California’s AR15 Ban [Re: steve4102] #16144818 06/05/21
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MontanaMan Offline
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Originally Posted by steve4102


You assume that the SC controlled by compromised Justice Roberts, gives as schit about the Constitution.


You are not wrong; Roberts is not a real friend of the Constitution.

MM

Re: Federal Judge Overturns California’s AR15 Ban [Re: MontanaMan] #16145148 06/05/21
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funshooter Offline
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Originally Posted by MontanaMan
Originally Posted by steve4102


You assume that the SC controlled by compromised Justice Roberts, gives as schit about the Constitution.


You are not wrong; Roberts is not a real friend of the Constitution.

MM



Nope he isn't
If they screwed something up in their briefs he will just re wright it for them and make it legal just like he did with Obummercare.

Re: Federal Judge Overturns California’s AR15 Ban [Re: Leanwolf] #16145333 06/05/21
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Originally Posted by Leanwolf
Originally Posted by Remsen
The opinion is brilliant and 100% in line with the Constitution, but the judge gave the state 30 days to have the 9th circuit stay the order and there's no question that that's what they'll do.

As with most gun cases, the issue is that the Supreme Court refuses to take up a meat and potatoes case dealing with "assault weapons ". Only they can make this brilliant opinion the law of the land. Otherwise, the 9th circuit will write the law.


You're 100% correct. The 9th will overturn this and and the U.S.Supreme Court will refuse to hear the case, therefore the 9th's far left anti-Second Amendment bias will continue on its merry way.

L.W.



This


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