9th Circuit ends California ban on high-capacity magazines

[Rumline]

Damn beat me to it. But it will not be challenged any further to the Supreme Court. So now what?


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There will be an en banc rehearing by the 9th Circuit which will uphold the law. They can choose to rehear it on their own without anybody even requesting a rehearing, a process called sua sponte en banc.

This decision was by a 3-judge panel. If a majority of the 29 judges on the 9th Circuit vote to rehear the case it's essentially a do-over, with anywhere from 11 to all 29 judges getting to hear and decide the case. Since there are a lot more liberal judges than conservatives in the pool, it should be obvious how this will turn out.

Edit to add: this is exactly what happened in Peruta v. County of San Diego which was challenging the "may issue" concealed carry scheme in California. When it got to the 9th Circuit, the 3-judge panel declared the system unconstitutional since California banned open carry by statute. Well the powers that be didn't like that decision, so whip out an en banc and no more win for gun rights.

The only thing I'm potentially jealous of is if the CO ban was incapacitated even for one day, they would have to reset the date of grandfathered mags to a future date and not 2013. That would legitimize a lot of people's "rebuild kits". I have no such kits since I stocked up ahead of time, but just saying. Or I guess they could just go the CA way and ban with no grandfathering, especially since it's about to get upheld in another circuit.