Jones v. Bonta - Age-Based Ban on Firearm Purchases

[mit31]

I was looking at the wrong nelson. Good news, post updated

Originally Posted by FirearmFino

Judge Ryan Nelson was appointed by Trump.

[FirearmFino]

Plaintiffs-Appellants’ Responsive Supplemental Brief

Appellees’ Response to Appellants’ Supplemental Brief

[wolfwood]

argument starts at 1 45 00

https://www.youtube.com/watch?v=E1W-YtJEnRg

[abinsinia]

Originally Posted by wolfwood

argument starts at 1 45 00

https://www.youtube.com/watch?v=E1W-YtJEnRg

It's private now.

[wolfwood]

Originally Posted by abinsinia

It's private now.

This one works

https://www.youtube.com/watch?v=j8bL1Gt19oQ

[abinsinia]

Interesting Judge Nelson isn't a very good Republican, but in this case came thru.

[ΜΟΛΩΝ ΛΑΒΕ]

The link on the 9th Circuit's website is https://cdn.ca9.uscourts.gov/datasto...1/20-56174.pdf

It should be important to note that the 2-1 panel adopts both strict scrutiny and intermediate scrutiny. Strict scrutiny was applied towards people between ages 18 and 21 possessing semiautomatic centerfire rifles for self-defense in the home. The total ban did not pass strict scrutiny or intermediate scrutiny. Intermediate scrutiny was applied for the requirement of a hunting license, and the requirement of a hunting license passes intermediate scrutiny.

[DrewN]

En Banc incoming in 5,4,3,2,...

[Mute]

So as usual with the 9th, completely arbitrary. Well at least it's a step in the right direction.

[Fyathyrio]

So, can we now require a license to vote for those 18-21yo? Since intermediate scrutiny applies for guns, it should be no prob for any other enumerated right.

[Bhobbs]

Can we just skip to SCOTUS? We all know it’s going en banc and will be overturned.

[TruOil]

It passes intermediate scrutiny because you need a hunting license--which is privilege not a right--to hunt the State's wildlife. Just as you need a fishing license to go fish.

[Prepped and ready]

This is interesting and a good thing. Hope it holds.

https://www.thetruthaboutguns.com/br...-young-adults/

Heres another artical

https://thereload.com/ninth-circuit-...onstitutional/

[abinsinia]

I don't see any mention of assault weapons in the ruling. I'm not sure if that means it does or doesn't include them.

[stix213]

Incoming en banc to the rescue from these dangerous 3 judge panels, I assume.

[Yugo]

so as of now 18+ can buy again?

[XDJYo]

Interesting that they used strict scrutiny. Hope it is upheld, but doubtful.

[spectralhunter]

Originally Posted by XDJYo

Interesting that they used strict scrutiny. Hope it is upheld, but doubtful.

I’m trying to be optimistic and hoping that even the 9th is starting to see signs that SCOTUS may use strict scrutiny for 2nd Amendment rights.

I know, I know, wishful thinking. But it’s all we got here in CA.


Sent from my iPhone using Tapatalk Pro

[DolphinFan]

Cliff Notes:

Under 18 21 Can buy any semi auto rifle but must buy a hunting license. Which of course requires a Hunter Safety course and certificate of completion.

[SanDiego619]

Originally Posted by DolphinFan

Cliff Notes:

Under 18 Can buy any semi auto rifle but must buy a hunting license. Which of course requires a Hunter Safety course and certificate of completion.

Is that right? Under 18?? Or did you mean over 18?

[microwaveguy]

There will be a hold on this before the end of this week.

[DolphinFan]

Originally Posted by SanDiego619

Is that right? Under 18?? Or did you mean over 18?

Actually it's anyone under 21 and any long gun. I corrected and clarified my post

[OleCuss]

It will be interesting to see how this one goes.

In past times en banc would have been almost a sure thing but now it may not happen.

The smart thing for the court would be to leave this one alone for about 2 months. By then we will likely have a 2A decision from the SCOTUS which would effectively determine whether they can issue a decision reversing the 3-judge panel and have that reversal stand.

If the SCOTUS does not issue a rather broad decision they can then take this case en banc and the fascists will have a reasonable hope of reversing the 3-judge panel. What's more is that the en banc panel will have the SCOTUS decision in-hand and that will give them more opportunity to finesse their decision so that they don't have the en banc panel's decision rapidly going to SCOTUS for cert and the 9th Circus simply getting slapped down.

[bwiese]

Originally Posted by abinsinia

I don't see any mention of assault weapons in the ruling. I'm not sure if that means it does or doesn't include them.

Because the subject of the case was just semiauto centerfire rifles that
were unbanned/not restricted.

You don't wanna case to be overbroad and bite off more than you can
chew - why fight for under-21 to have them when over-21 can't get them?

Nevertheless the genericness of 'semiauto centerfire rifle' and a Fed finding
that 'evil features' do not result in a bannable entity would make today's
holding applicable there too.

[cleonard]

Originally Posted by XDJYo

Interesting that they used strict scrutiny. Hope it is upheld, but doubtful.

Perhaps they were reading the SOCUTS tea leaves and figured out that strict scrutiny will be the way going forward.

[M76]

Oh, to be a yute again…

[Maulerrr]

Serious question - does this mean I can now PPT an 870 to my 19 y/o brother in law?

[Dvrjon]

Originally Posted by abinsinia

I don't see any mention of assault weapons in the ruling. I'm not sure if that means it does or doesn't include them.

Doesn’t seem relevant…One cannot sell an assault weapon to non-exempt folks regardless of age; non-exempt folks can’t buy an AW even if they have a hunting license.

[toro1]

I know a 16 year old that wants her own gun. Will this allow that or is it 18 and older? One article was vague and the other said 18-21 if you get a hunting license.

[ar15robert]

will be appealed and put on hold just like the magazine ban.whats it been like 3 years?

[SanDiego619]

Originally Posted by toro1

I know a 16 year old that wants her own gun. Will this allow that or is it 18 and older? One article was vague and the other said 18-21 if you get a hunting license.

That is what I want to know. Is it any age, or 18+?

Can a baby buy a rifle?

[nedro]

Originally Posted by DolphinFan

Cliff Notes:

Under 18 21 Can buy any semi auto rifle but must buy a hunting license. Which of course requires a Hunter Safety course and certificate of completion.

That's weird. Because there's NOTHING in the 2nd amendment about hunting.

[The Gleam]

Should move this to general gun forums or CA legislative action forum.

I sometimes wonder if the Off-Topic brigade even remember there are 2nd Amendment and gun discussion forums on Calguns anymore.

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[otteray]

Originally Posted by nedro

That's weird. Because there's NOTHING in the 2nd amendment about hunting.

NRA Hunter Safety classes might get filled pretty quick. I'd get on it, like yesterday, if I was that age!

[The Gleam]

With mid-terms coming and Dems tryimg to look all 'moderate' all of a sudden, hoping the SCOTUS leak helps them a bit too, I don't think they'll jump at this with en banc.

I think in reality, it's sort of a nothing issue with them as they have full-fledged registration on long-guns now anyway, and they'll likely just fall back on the hunting license requirement as a compromise - at least until after November.

--

[nick]

So, age discrimination is not ok, poll tax is ok.

[sigstroker]

Originally Posted by DolphinFan

Cliff Notes:

Under 18 21 Can buy any semi auto rifle but must buy a hunting license. Which of course requires a Hunter Safety course and certificate of completion.

So, to prove an AR-15 is legit, you have to hunt with it??

[abinsinia]

Originally Posted by nick

So, age discrimination is not ok, poll tax is ok.

It's only a preliminary injunction , they may find poll tax not ok in the end.

[SWalt]

Originally Posted by The Gleam

Should move this to general gun forums or CA legislative action forum.

I sometimes wonder if the Off-Topic brigade even remember there are 2nd Amendment and gun discussion forums on Calguns anymore.

---

2A forums are good but face it, theres a lot of bloviating there too. I spent a lot of time in those forums when I first joined. Followed peoples arguments and points made but in the end we get "en blanc" from the 9th circus or gets kicked up to the SCOTUS. So we wait, and wait, and wait again to be disappointed when SCOTUS doesn't pick it up. Meanwhile OT talks about so many issues of the day. Hopefully people are more in tune to the many other issues that affect our Rights. Isn't that what we are about?

[harbormaster]

https://www.foxnews.com/us/californi...tutional-court

Nothing but good news