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National 2nd Amend. Political & Legal Discussion Discuss national gun rights and 2A related political topics here. All advice given is NOT legal counsel.

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Old 11-08-2018, 2:16 PM
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Tripper Tripper is offline
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Default Court Jurisdiction

I’m kind of confused
All the time I hear of say a gun related issue being decided in 4th circuit but not applicable here in 9th circuit. With that being said, how can a ‘federal judge’ in say 9th circuit make a ruling that the president has to adhere to. Essentially like the recent DACA ruling. Can’t POTUS simply tell the 9th they have no jurisdiction here




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Old 11-08-2018, 2:41 PM
TruOil TruOil is offline
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Quote:
Originally Posted by Tripper View Post
I’m kind of confused
All the time I hear of say a gun related issue being decided in 4th circuit but not applicable here in 9th circuit. With that being said, how can a ‘federal judge’ in say 9th circuit make a ruling that the president has to adhere to. Essentially like the recent DACA ruling. Can’t POTUS simply tell the 9th they have no jurisdiction here
Well, it depends....Most often it depends on who the parties are. In the carry cases for example, most often the issue arises under state or local law, and thus the case is only applicable within the circuit. Trial court (District Court) decisions are binding only within that District. Circuit Court of Appeals decisions are thus, when dealing with local issues, binding only in the circuit and only "persuasive" outside the circuit.

When the federal government is a party, either the president or more usually some agency or department, then the ruling applies to the federal government wherever it is found. That is why a decision =in the Ninth is binding unless it is contradicted by a decision in another circuit.
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Old 11-08-2018, 2:43 PM
Uncivil Engineer Uncivil Engineer is offline
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A gun case is always challenging a local law while these challenges to federal law are the same law through the country. While we look to look at a gun law challenge as to what it means, eg carry is a right, assult weapons bans based on cosmetics the reality is this rulings only apply to the specific case. And we hope that AGs and courts will accept that the circumstances as applied to us would be the same. That isn't a foregone conclusion.

Look at Young v Hawaii. Shall issue as a defacto no issue is unconstitutional. But does that apply to California? Only in places like SF or LA? Does issuing to their connected friends an out that gets pass Young? So even though young v Hawaii does apply to California we don't even know if it changes anything for us.
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Originally Posted by Tripper View Post
I’m kind of confused
All the time I hear of say a gun related issue being decided in 4th circuit but not applicable here in 9th circuit. With that being said, how can a ‘federal judge’ in say 9th circuit make a ruling that the president has to adhere to. Essentially like the recent DACA ruling. Can’t POTUS simply tell the 9th they have no jurisdiction here




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