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Posts Tagged ninth circuit
Ninth Circuit Says Anti-Marketing Law Violates First Amendment
From Bearing Arms:
A California law ostensibly aimed at restricting the marketing of firearms to minors infringes on the free speech rights of adults, according to a three-judge panel on the Ninth Circuit Court of Appeals. In its ruling handed down on Thursday morning, the panel vacated a lower court decision denying an injunction against the law’s enforcement and delivered a resounding win for both First and Second Amendment advocates.
Hawaii’s Butterfly Knife Ban Is Unconstitutional
From Reason:
[J]ust as with firearms in Heller, bladed weapons facially constitute “arms” within the meaning of the Second Amendment. Like firearms, bladed weapons fit the general definition of “arms” as “[w]eapons of offence” that may be “use[d] in wrath to cast at or strike another.” Moreover, contemporaneous sources confirm that, at the time of the adoption of the Second Amendment, the term “arms” was understood as generally extending to bladed weapons.
Judge Exposes Hypocrisy Of Second Amendment Jurisprudence
From Reason:
Frankly, this entire process is a waste of time. So, Judge VanDyke tried something new–write an “alternative” draft en banc opinion–or a fauxpinion, if you will–that reverses his panel opinion.
Since our court’s Second Amendment intermediate scrutiny standard can reach any result one desires, I figure there is no reason why I shouldn’t write an alternative draft opinion that will apply our test in a way more to the liking of the majority of our court. That way I can demonstrate just how easy it is to reach any desired conclusion under our current framework, and the majority of our court can get a jump-start on calling this case en banc. Sort of a win-win for everyone.Â
Analysis Of The California Gun Ruling
From The Federalist:
Under the Heller test, this record establishes the unconstitutionality of the ban on assault weapons, Benitez concluded. However, being bound by Ninth Circuit precedent, Benitez continued to consider the constitutionality of California’s law under that appellate court’s two-prong test. In his analysis, Benitez bypassed the strict scrutiny standard, noting in passing the law would fail that test as well, to apply the “intermediate scrutiny standard†created by the Ninth Circuit.
Magazine Confiscation Divides Circuit Courts
From Reason:
California and New Jersey have enacted laws to confiscate firearms magazines holding more than 10 rounds. On Aug. 14, a 2-1 panel of the Ninth Circuit ruled California’s confiscation unconstitutional, in Duncan v. Becerra. The Third Circuit, Sept. 1, upheld by 2-1 confiscation in New Jersey in Association of New Jersey Rifle and Pistol Clubs Inc v. Attorney General New Jersey (NJ Rifle II). In combination, Duncan and NJ Rifle II cases provide a good view of the state of the Second Amendment argument today.
Conservative Judges Not Getting Clerk Applications
From Harvard Crimson:
Harvard Law School’s Office of Career Services urged its students to apply for clerkships with Trump-appointed judges last month after they failed to utilize the office’s internal network to work with the jurists, drawing criticism from some students and scholars.
In a series of messages to students and alumni, the Office of Career Services and alumni said that the lack of applications on file seemed like “wasted opportunities,†according to Bloomberg Law.
Supreme Court Urged To Review Red Flag Ruling
From California Gun Rights Foundation:
WASHINGTON, D.C. (February 21, 2020) — Today, attorneys for California Gun Rights Foundation, Second Amendment Foundation, and a California resident filed a petition at the U.S. Supreme Court seeking review of an improperly decided Ninth Circuit ruling. The recent case filings in Rodriguez v. San Jose can be viewed at www.cagunrights.org/work.
Republican Wants Weed Question Removed From Gun Form
From Guns.com:
Although marijuana is legal for adults in nines states, and as medical cannabis in 30, it remains listed as a highly-addictive and dangerous Schedule I drug with the federal government. It also shares the same designation as ecstasy, heroin, and LSD. This has resulted in the Bureau of Alcohol, Tobacco, Firearms and Explosives maintaining a status quo that any sale or possession of firearms by those who use marijuana, even if allowed by state law, remains criminal.
9th Circuit Issues Pro Gun Ruling
From The Federalist:
The ultra-liberal and frequently overturned U.S. Court of Appeals for the Ninth Circuit just ruled that the Second Amendment protects one’s right to carry a gun openly outside of the home.
9th Circuit Prevents Magazine Confiscation
From Reason:
Today the Ninth Circuit Court of Appeals upheld a federal district count injunction against a California law to confiscate firearms magazines that hold over 10 rounds. The Ninth Circuit’s 2-1 opinion is here, and the dissent is here. My analysis of the 2017 district court opinion is here.
No Guns If You Have A Marijuana Card
From Reason.com:
Yesterday a federal appeals court ruled that banning gun sales to people who hold medical marijuana cards, whether or not they actually use marijuana, does not violate their Second Amendment rights. In reaching that conclusion, the U.S. Court of Appeals for the 9th Circuit relied on antiquated, scientifically unsupportable assumptions about the violent tendencies of cannabis consumers.
Ninth Circuit: No Right To Concealed Carry
From The Wall Street Journal:
Americans have no Second Amendment right to carry concealed guns in public, a federal appeals court in California ruled on Thursday in a significant blow to gun-rights activists and gun owners in a large swath of the Western U.S.
The Ninth Circuit covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington.
Ninth Circuit Rules In Favor Of Gun Rights Again
From Calguns Foundation:
BELLEVUE, WA, and ROSEVILLE, CA – The Second Amendment Foundation and The Calguns Foundation earned a significant victory today when the Ninth Circuit Court of Appeals reversed and remanded the case of Richards v. Prieto, challenging the handgun carry license issuing policy of Yolo County, California, Sheriff Ed Prieto.
“Today’s ruling reinforces the Second Amendment’s application to state and local governments, and will help clear the way for more California citizens to exercise their right to bear arms,†said SAF founder and Executive Vice President Alan M. Gottlieb. “California officials have been put on notice that they can no longer treat the Second Amendment as a heavily-regulated government privilege.†Read the rest of this entry »
Supreme Court May Take Up Several Gun Cases In Next Term
From Detroit Free Press:
…a federal appeals court panel’s divided ruling last week in a California case makes it more likely that the question of guns outside the home will be heading to the high court soon.
To date, the biggest split from that trend involved an Illinois law that was much more restrictive than those in other states. Its ban on carrying concealed weapons in nearly all circumstances was struck down by a 7th Circuit appeals court panel. Rather than appealing to the Supreme Court, however, the state amended the law to allow for public possession, with restrictions.