Benitez vs. Ninth Circuit

[hoystory]

For those of you who are interested, I've written an article/analysis of the current dynamics on a "stay" being issues in this case here.

In short, I think it may be better if Benitez issues a stay on Friday with some sort of protection for everyone who has ordered, purchased or manufactured 10+ round magazines over the past week.

If it goes to the Ninth Circuit, we may get a worse outcome.

For your information, this is a new site I'm trying to get off the ground that also includes guides and advice for first-time gun buyers in "restricted" states.

I'd appreciate it if you all would take a look around, share it with your friends and if there's any feedback you have, I'd happily accept that too.

Matthew Hoy
RestrictedArms.com

[Harambe]

I disagree. If it goes to the 9th and gets overturned, it will then go to the SCOTUS. If SCOTUS rules in favor of us (they will) we get the 10-round bull**** removed nation-wide.

[Non Political Californian]

Cucking never pays. The only thing that matters is facts on the ground. Keep the window open as long as possible and force them to go cry to the 9th. No one will hand over or destroy anything. Status quo has been changed.

[Citadelgrad87]

I disagree. If it goes to the 9th and gets overturned, it will then go to the SCOTUS. If SCOTUS rules in favor of us (they will) we get the 10-round bull**** removed nation-wide.

SCOTUS is free to pick the cases it hears. In its entire existence, they have only taken Cruikshank, Heller, and McDonald where interpretation of the 2d amendment was a central issue.

Dont hold your breath on SCOTUS rescuing us when the 9th takes a dump on us.

[Harambe]

I don't even know that the 9th will dump on us. It's been getting silently packed by conservatives.

[rob5819]

I disagree. If it goes to the 9th and gets overturned, it will then go to the SCOTUS. If SCOTUS rules in favor of us (they will) we get the 10-round bull**** removed nation-wide.

The case will be going to the 9th on appeal no matter what. The question is will it be better if Judge Benitez stays his ruling pending the appeal or if the 9th stays his ruling pending the appeal. The article raises a possible point that a stay from Judge Benitez may be friendlier than the stay from the 9th.

[Harambe]

Meh, I'd rather he didn't. It admits the ban was correct to do in the first place, which it wasn't. You don't spit in the eye of the beast by bending knee.

[Citadelgrad87]

I don't even know that the 9th will dump on us. It's been getting silently packed by conservatives.

Agreed, but that is a work in progress. Presently less than half conservative, but that is a vast improvement.

I am planning as if this is a temporary reprieve, and will be very pleasantly surprised if it is not. Those who take the opposite view are running a risk, imho.

[calaveras]

SCOTUS is free to pick the cases it hears. In its entire existence, they have only taken Cruikshank, Heller, and McDonald where interpretation of the 2d amendment was a central issue.

Dont hold your breath on SCOTUS rescuing us when the 9th takes a dump on us.

Don't forget about Caetano v. Massachusetts (2016), which established that 200k stun guns spread across 50 states qualifies for "in common use." We have ordered more >10 round magazines than that from Brownells alone.

Edit: it also established that the 2A applies to modern inventions. Stun guns are far more modern than semi-automatic rifles.

[hoystory]

The case will be going to the 9th on appeal no matter what. The question is will it be better if Judge Benitez stays his ruling pending the appeal or if the 9th stays his ruling pending the appeal. The article raises a possible point that a stay from Judge Benitez may be friendlier than the stay from the 9th.

This is exactly the point I am making. The article was a look at the very short term--the next 3-7 days.

Benitez staying his decision doesn't mean that he thinks it's wrong.

While the 9th is trending conservative now that Trump is telling Feinstein and Harris exactly where they can stick their blue slips, we're not there yet.

[SimpleCountryActuary]

I'm just sitting back enjoying the idiocy of Gavin Newsome and watching Becarra running around like a chicken with a lobotomy, making contradictory arguments to the judge.

Before his push to outlaw grandfathered magazines, the odds of overturning the 10-round mag limit were slim. Now no matter what happens, it's certain that there will be many more standard capacity magazines in California by the end of the week than previously grandfathered.

Furthermore, every argument the judge used to throw out the mag ban can be used by the same judge to throw out the ammo law. then there will be a frantic period of between one and ??? weeks where there are no ammo restrictions.

That's called "the one-two punch".

[Cortelli]

Meh, I'd rather he didn't. It admits the ban was correct to do in the first place, which it wasn't. You don't spit in the eye of the beast by bending knee.

It doesn't admit anything.

[HibikiR]

Keep the decision on Benitez's desk until the transformation of the 9th and SCOTUS is complete.

[Harambe]

The timing was perfect. April Fools, Gavin out of country because he's dodging Laura Loomer in court, Commie Chavez day in CA...

just amazing. This looks orchestrated from the top-down by conservatives.

[penguinman]

I don't even know that the 9th will dump on us. It's been getting silently packed by conservatives.

We can hope.