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The Decision is 94 pages long, and you should read it. One reason for that is he goes point for point down the list of CA's objections and lists why they are not applicable, using the 9th's own rules for scrutiny. If the 9th does strike it down there will be ample justification for further review.

I find it a nice touch that in the Conclusion he quotes Ted Kennedy, of al people, for reasons why the Decision should stand . . .

"The judiciary is - and is often the only - protector of individual rights that are at the heart of our democracy."
 

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I just wanted to share, the Ca AWB was overturned yesterday. It will undoubtedly be challenged in the 9th and possibly up to the Supreme Court. I know it is a popular move to leave the state due to its politics, I have been tempted myself, but there are also many of us who choose to stay and fight. We still have a lot of work ahead but are moving in the right direction.

 

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Saint Benitez is known for his lengthy and concise decisions and this one doesn't depart from his usual. I am sure Banta will come up with another inane argument that prolong the agony of the gun owners of this state.
 

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No matter how it goes, I am glad of the small victories, and that some will fight the fight. I'm happier to send them money, when they use it to file lawsuits on behalf of our common civil liberties, than to enhance a slick guy's wardrobe while he tells me about all that he will do for me in the name of freedom, yet is more air than action.

But on the ground, we need to grow shooters, so that when 'gun grabbing' politicians hold up an 'assault weapon' as something to fear, they raise eyebrows instead of campaign funds.
 

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This will be appealed.

the excerpts of the opinion that I have read seem weak to me.

We will just have to see where this goes and wait for a SCOTUS final ruling. It may not go that fart.
 

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Jonathan Turley: Second amendment realities – court rulings keep politicians gun control promises in check (msn.com)

Some of ya'll need to read this. Turley is no right winger by any means but is a very level headed law professor.

Amazes me how many of you just poo poo the ruling and are ready to give up before its had a chance for review by other courts including SCOTUS. JHC guys, take a win when you get it and let it play out instead of being so damn negative about a good ruling, a win for our side.
No one here knows how any court will rule going forward, certainly not SCOTUS.
 

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Jonathan Turley: Second amendment realities – court rulings keep politicians gun control promises in check (msn.com)

Some of ya'll need to read this. Turley is no right winger by any means but is a very level headed law professor.

Amazes me how many of you just poo poo the ruling and are ready to give up before its had a chance for review by other courts including SCOTUS. JHC guys, take a win when you get it and let it play out instead of being so damn negative about a good ruling, a win for our side.
No one here knows how any court will rule going forward, certainly not SCOTUS.
I agree with your post. And the poo poos are based upon what? How lay people think Article III judges decide legal questions . . . which would be lots like asking me what to do with the flaps as I brought my Super Hornet in for a carrier landing in a particularly rough sea. Briefly put, I would not have a clue. Not trained. No experience. No idea. I don't think like a jet pilot. It's fun to believe that lawyers think just like diesel mechanics but have some kind of bull sheet degree and got past the bar exam . . . but the truth is it's analytical thinking and it's based on precedent. The "common law," as our old buddy Oliver Wendell Holmes famously observed.

I knew one Con Law professor in my life, may his soul rest in peace. His nastiest habit, aside from smoking cigarettes while he lectured, was saying, in reply to know-nothing comments regarding caselaw, "citing what?"

I like this country an awful lot, and our system. The best part of it, in my opinion, is an independent judiciary. U.S. Constitution, Article III. It's what separates us from monkeys.

Oh, and just so everybody is sure to know, Roger Benitez, United States Judge, wasn't even born here. He's a stinkin' immigrant.
 

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The reality is we are talking about Kommiefornia & I'll believe it is done when SCOTUS deals with it . Poo Poo Even then , they will find a way around it & thats going by past legal rulings , more Poo Poo ..😜
 

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Hello, ^^^^^^^
I would think that the majority of the poo-poo and nay sayers, could be from the "present" free states.... Where their 2nd rights haven't been shat on, yet. JMO
Yet, I could be incorrect.

We as a whole, have to remember. We are all in this together...

And, that. The anti-gun virus is spreading at this time, with the present group at the helm. It will spread from the larger cities and urban areas outward... All they need is more mindless sheep to tip the scales against us/you. And, they start with the young. That's just the way I see it.

We, will have to wait and see what comes of this. I'm hoping for the best outcome at this time.
 

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The other lib states are in a tither. Right now its only California. But if they appeal and are turned down it's only California. If they don't appeal its only California. But if they appeal and win it goes to the Supreme Court and roll the dice for the whole country
 

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Benitez ruling forces the issue to the 9th court who will reject it. That then forces the issue to the Supreme Court. SCOTUS is back logged 3-4 years. Benitez realizes that if this issue is not pushed to the Supreme Court ASAP their could be changes (i.e. Biden assigns Liberal justices to those who pass). The issue needs to be ruled on by the conservative court before it is too late..
 

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The 9th Circuit will override the decision. State level bans aren't going anywhere unless SCOTUS says so.
I don't know.
This judge seems to be fairly good in writing his decisions and leaves little wiggle room for the 9th to overturn.

In his ruling, he is citing that he is being consistent w Heller (1) and also McDonald v. City of Chicago. The McDonald suit was where Chicago banned all handguns so that only criminals and aldermen (Not much difference there) could legally own a handgun.

So there have already been cases in front of SCOTUS that deal with bans of guns and the most popular platform for a modern sporting rifle.

The 9th is going to have to find a legal reason to overturn him.
 

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I don't know.
This judge seems to be fairly good in writing his decisions and leaves little wiggle room for the 9th to overturn.

The 9th is going to have to find a legal reason to overturn him.
I also need to add...

Going to SCOTUS may not be a bad thing.
If SCOTUS rules in favor of the judge (ban is unconstitutional) then it impacts all of the US.
In IL that means Chicago and Highland Park bans would probably fall apart, although Chicago's assault weapons ban doesn't outright ban the AR, just certain configurations.
 
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