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Liberal 9th Circuit surprises with pro-2nd Amendment decision Login/Join 
Ammoholic
posted Hide Post
quote:
Originally posted by Pipe Smoker:
quote:
Originally posted by oddball:
<snip>
From what I see, the prior laws of possessing such mags are in effect; only pre-bans prior to 2000 are legal, as well as "parts kits". This will eventually go to the full 9th circuit.

As of 1/1/2018, no mags with >10 rounds capacity are legally possessed by ordinary CA residents.

Well, not legally possessed in CA anyway. That doesn’t preclude a CA resident from possessing them while out of state.
 
Posts: 7101 | Location: Lost, but making time. | Registered: February 23, 2011Reply With QuoteReport This Post
Member
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As others have pointed out, the original order was quite well written.

Read page 55 - "talismanic incantation".

If I remember correctly, one of the takings arguments relied on a case about destroying alcohol stills. The difference in this case is that you can rebuild a still from existing equipment. You can't replace a magazine with easy parts once taken.
 
Posts: 2814 | Location: Northern California | Registered: December 01, 2006Reply With QuoteReport This Post
Imagination and focus
become reality
posted Hide Post
quote:
Originally posted by bigdeal:
quote:
Originally posted by JALLEN:
quote:
Originally posted by bigdeal:
quote:
Originally posted by JALLEN:
Wallace has been on the 9th Circuit since I was in law school, more than 40 years. He was a district court judge briefly before that. He is 89 years old, a senior judge.
Perhaps the better term might be 'senile'. As someone who is considered old by many, I truly believe there needs to be an age limit put in place for both judges and elected officials. Some of these people are dinosaurs whose mental acuity needs to be called into question.


Do you know him? Talked to him recently? He writes pretty well for a dinosaur.
Nope, don't know him or have met him. I'm only evaluating him on the content of his utterly absurd dissent noted in the linked story.

But if we can be honest for a moment, we all degrade with age, both physically and mentally. Some more so than others, but no one escapes the effects. An age limit on participation in our legal system and government would help weed out many people who should not be there. And after all, the decisions these people make potentially effect the lives of millions of Americans.


I don't agree with your reasoning. By that measure when you get old, whatever that means, then perhaps you are too old to own a gun.
 
Posts: 6738 | Location: Northwest Indiana | Registered: August 15, 2004Reply With QuoteReport This Post
Ammoholic
posted Hide Post
quote:
Originally posted by Ogie:
quote:
Originally posted by bigdeal:
quote:
Originally posted by JALLEN:
quote:
Originally posted by bigdeal:
quote:
Originally posted by JALLEN:
Wallace has been on the 9th Circuit since I was in law school, more than 40 years. He was a district court judge briefly before that. He is 89 years old, a senior judge.
Perhaps the better term might be 'senile'. As someone who is considered old by many, I truly believe there needs to be an age limit put in place for both judges and elected officials. Some of these people are dinosaurs whose mental acuity needs to be called into question.


Do you know him? Talked to him recently? He writes pretty well for a dinosaur.
Nope, don't know him or have met him. I'm only evaluating him on the content of his utterly absurd dissent noted in the linked story.

But if we can be honest for a moment, we all degrade with age, both physically and mentally. Some more so than others, but no one escapes the effects. An age limit on participation in our legal system and government would help weed out many people who should not be there. And after all, the decisions these people make potentially effect the lives of millions of Americans.


I don't agree with your reasoning. By that measure when you get old, whatever that means, then perhaps you are too old to own a gun.


The other problem is that we are not all equal. Some folks, even if diminished, will be far sharper in their 80s that the average fellow on the best day of his life. Different folks will diminish differently, and at different rates. Some folks might be diminished enough that they should no longer be on the job at fifty. Others may still be going strong well into their 80s. There is no one age limit that is appropriate for everyone.
 
Posts: 7101 | Location: Lost, but making time. | Registered: February 23, 2011Reply With QuoteReport This Post
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Picture of bigdeal
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quote:
Originally posted by Ogie:
I don't agree with your reasoning. By that measure when you get old, whatever that means, then perhaps you are too old to own a gun.
When did holding office or serving as a judge become a protected constitutional right? Come on, you're off track with the 2A commentary.

When you're sitting on Capital Hill or on the federal bench, you have incredible power over the lives of others. Think about it, many of the dinosaurs on capital hill haven't a clue about a majority of the tech (Google, Facebook, Twitter, Amazon, etc) that affects the lives of millions everyday. As such, how in the hell could they ever be expected to render rational opinions on how that tech could or should be regulated. I stand by my suggestion that age limits should be put in place for 'all' federal and elected positions.


-----------------------------
Guns are awesome because they shoot solid lead freedom. Every man should have several guns. And several dogs, because a man with a cat is a woman. Kurt Schlichter
 
Posts: 33845 | Location: Orlando, FL | Registered: April 30, 2006Reply With QuoteReport This Post
Dances with Wiener Dogs
Picture of XinTX
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Not a huge victory. But given it's Kommiefornia and the 9th Circus, one has to celebrate even the small ones. This is just upholding a stay. All that means is there are grounds to think the plaintiffs have a possibility of a win. Even though the judges in the 9th Circus know they'll side with the state once a decision is finally rendered.


_______________________
“The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.” Ayn Rand

“If we relinquish our rights because of fear, what is it exactly, then, we are fighting for?” Sen. Rand Paul
 
Posts: 8366 | Registered: July 21, 2010Reply With QuoteReport This Post
I believe in the
principle of
Due Process
Picture of JALLEN
posted Hide Post
quote:
Originally posted by bigdeal:
quote:
Originally posted by Ogie:
I don't agree with your reasoning. By that measure when you get old, whatever that means, then perhaps you are too old to own a gun.
When did holding office or serving as a judge become a protected constitutional right? Come on, you're off track with the 2A commentary.

When you're sitting on Capital Hill or on the federal bench, you have incredible power over the lives of others. Think about it, many of the dinosaurs on capital hill haven't a clue about a majority of the tech (Google, Facebook, Twitter, Amazon, etc) that affects the lives of millions everyday. As such, how in the hell could they ever be expected to render rational opinions on how that tech could or should be regulated. I stand by my suggestion that age limits should be put in place for 'all' federal and elected positions.


The founders surely weighed these and other considerations and factors in determining the structure of the government which have served us well, albeit imperfectly perhaps.

Due process would seem to require some sort of grounds to remove this office holder, other than mere age. Read his dissent. Other than making some evaluations you disapprove of, this seems to have been the work of an active alert, discerning mind, rather than some slobbering senile mind in between naps.

It might be argued that the decisions of active and sound office holders have often been less perfect than the less abled.




Luckily, I have enough willpower to control the driving ambition that rages within me.

When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson

"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown
 
Posts: 48369 | Location: Texas hill country | Registered: July 04, 2005Reply With QuoteReport This Post
Admin/Odd Duck

Picture of lbj
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The appeal was rejected 2-1.
That was quick.

quote:
Ninth Circuit Panel Upholds Ruling Against California ‘High Capacity’ Magazine Ban


https://www.breitbart.com/cali...pacity-magazine-ban/


____________________________________________________
New and improved super concentrated me:
Proud rebel, heretic, and Oneness Apostolic Pentecostal.


There is iron in my words of death for all to see.
So there is iron in my words of life.

 
Posts: 31446 | Registered: February 20, 2000Reply With QuoteReport This Post
I believe in the
principle of
Due Process
Picture of JALLEN
posted Hide Post
quote:
Originally posted by lbj:
The appeal was rejected 2-1.
That was quick.

quote:
Ninth Circuit Panel Upholds Ruling Against California ‘High Capacity’ Magazine Ban


https://www.breitbart.com/cali...pacity-magazine-ban/


That is the same story.

A district judge in San Diego issued an injunction against enforcing the new law, last summer. The 3 judge appellate panel just upheld the injunction.

Next will be whether the 9th Circuit will hear the case en banc. If not, on to the Supremes!




Luckily, I have enough willpower to control the driving ambition that rages within me.

When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson

"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown
 
Posts: 48369 | Location: Texas hill country | Registered: July 04, 2005Reply With QuoteReport This Post
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