9th circuit strikes down magazine ban, applies strict scrutiny

Poor Becerra has a real problem. Go big and lose big or go small and lose small.

The combination of Benitez' opinion and this one is going to be harder for an en banc panel of the 9th Circus to overturn.

What the en banc panel did with Peruta was hysterically false, but the three-judge panel was reversed and SCOTUS ran away from the debate.

I have a day job and so I am not sure how much of a break between the Circuits this will create, but only 41 states apparently don't restrict magazine capacities.

I feel confident that when you have a law that makes half of the magazines legally owned by peaceful US citizens are prima facia a dire threat to CA citizens is laughable. Hugo Chavez and others, to include Nancy Boy Newsome, would disagree, as if I cared what they think.

The human right of self-defense is not a creation of government, and so government should have a very limited ability to limit this right.

It would be nice if Judge Benitez would rescind his injunction of his own ruling so that mags can once again flow into California. Leaving it in place because CA may ask for en banc keeps the unconstitutional practice in place even after a judge and later a 3 judge panel clearly state it's an infringement. If it is an unconstitutional infringement, and the law is enjoined, then let the people have their freedom, and make the state try and defend their unconstitutional law the hard way.

...Never discount the perfidy of the ninth. Those who trust the MSM for their legal news are even now packing their range bags with banana mags for a Saturday of blazing away. Wouldn't be surprised I'd Becerras Boys bust 'em at the range. He eats the Constitution for breakfast.
...Roberts and the fat ladies haven't sung yet. It ain't over.

So, if we assume that senior judges won't get selected for the presumed en banc panel, then the remaining bias of the 9th is assumed to be roughly 16 vs 13 against us--10 Trump, 3 Bush II, 7 Obama, and 9 Clinton.

All 10 of those Trump-appointed judges have been seated since 2018--2 in 2018, 7 in 2019, and 1 so far this year.

At the moment, our chances of getting a positive result from an en banc hearing in the 9th are better than they've been in decades. It's far from a sure thing, but it's no longer a sure thing for the other side.

I just received an email from Thunder Mountain Custom telling me that they are now shipping 20 round M14 mags to California.
Not much in stock, however, and I presume they are now sold out.