Rupp v Becerra (AWCA): 6-28-22 9th Vacates and remands to TC/DC

[SpudmanWP]

https://twitter.com/MorosKostas/stat...655346802?s=20

Oh, forgot to mention, the state again argued that the law is acceptable in part because it doesn't ban rifles, just certain configurations of rifles. You can still buy a compliant AK or AR.

This is hard to swallow when they spent so much time in their briefing talking about the lethality of .223 ammunition, which is obviously unaffected by a pistol grip or adjustable stock (nor does the law ban any type of ammo).

[AlmostHeaven]

Originally Posted by JiuJitsu

Judge Staton is going to find she will be forced to rule against the state IF she faithfully follows Heller, Caetano, and Bruen. She will do everything in her power to avoid that, but she has almost no choice if she faithfully follows case law.

However, if she chooses to ignore these precedents and choose interest balancing or whatever fits her political biases instead, she will eventually be reversed. And the sad part is she may not even care that she failed her duties as a judge. As long as guns are banned, thats ok.

I am sure she will find ample room in all of the Supreme Court dicta, big enough to drive a bus through, and reach the totally opposite conclusions to what the rulings actually intended to hold. Plenty of other judges have already charted the way.

[Bhobbs]

Originally Posted by SpudmanWP

https://twitter.com/MorosKostas/stat...655346802?s=20

Oh, forgot to mention, the state again argued that the law is acceptable in part because it doesn't ban rifles, just certain configurations of rifles. You can still buy a compliant AK or AR.

This is hard to swallow when they spent so much time in their briefing talking about the lethality of .223 ammunition, which is obviously unaffected by a pistol grip or adjustable stock (nor does the law ban any type of ammo).

It's not an AR15 ban, its an assault weapons ban. Banning a class of firearm because you can buy another class of firearm isn't going to hold up.

[SpudmanWP]

It won't even make it past the Common Use test.

[Bhobbs]

Originally Posted by SpudmanWP

It won't even make it past the Common Use test.

I agree. If butterfly knives pass the common use test, despite there being legal folding knives, then "assault weapons" should easily pass the common use test, despite there being legal rifles.

[AlmostHeaven]

Originally Posted by Bhobbs

I agree. If butterfly knives pass the common use test, despite there being legal folding knives, then "assault weapons" should easily pass the common use test, despite there being legal rifles.

The inevitable Ninth Circuit en banc panel would never allow the assault weapons ban to die under the common use test. The Supreme Court is the exclusive remedy for this issue, which is why we both find delays in the process so frustrating.

[Bhobbs]

Originally Posted by AlmostHeaven

The inevitable Ninth Circuit en banc panel would never allow the assault weapons ban to die under the common use test. The Supreme Court is the exclusive remedy for this issue, which is why we both find delays in the process so frustrating.

The 9th has to realize the game is up. They can fall on their swords or put out some garbage that gets overturned.

[AlmostHeaven]

Originally Posted by Bhobbs

The 9th has to realize the game is up. They can fall on their swords or put out some garbage that gets overturned.

I would have said no chance, but the recent developments in Baird v. Bonta have slightly blunted my pessimism.

[marcusrn]

Remember it used to be honorable to fall on your Roman gladius a la Mark Anthony?

[marcusrn]

It would bring back hope to see a half dozen politicians perform seppuku. Just 6 admiting they had bribed and schemed and that they can't go on living with the shame. I have always loved the spanish term popular in Mexico, "sin verguenza" (without shame).

[darkwater34]

Maybe they and their closest relatives need to be put under the microscope have their assets and bank accounts inventoried. Just to see whom is guilty and then maybe they will realize that they have no choice,but "sin verguenza" is left.