Duncan V Bonta - large cap mags: OLD THREAD

[RANGER295]

Here are all the districts of the 9th circuit:
1. Alaska
2. Arizona
3. Central District of California
4. Eastern District of California
5. Northern District of California
6. Southern District of California
7. Guam
8. Hawaii
9. Idaho
10. Montana
11. Nevada
12. Northern Mariana Islands
13. Oregon
14. Eastern District of Washington
15. Western District of Washington

What states in the 9th circuit are MORE liberal than California?

I did not mean more liberal than California. I meant the more liberal states in the circuit. As in those that lean left of others.

I know Hawaii stands to loose along with to a lesser degree Washington and Oregon. I am not sure about the territories.

[mshill]

Grant
Vacate
Remand

The court Grants cert which is plain english for accepting the case.
The court then Vacates the previous circuit court's decision.
The court then Remands the case back to the circuit court for them to re-do their decision.

It's normal for the circuit court then to remand the case back to the court that it was in before it went up to the circuit court where the vacated decision was from so that the lower court can incorporate additional arguments to incorporate the GVR orders.

Which is completely ironic since it was the enbanc decision that was reversed not the decision from the district or appellate panel. Those turds should have taken it up themselves and they know it.

[SpudmanWP]

The 9th circuit remanded it due to the need for "new evidence & discovery", ie a historical record needed under the new Bruen standard. Circuit courts are not the appropriate place for new evidence to be submitted.

That being said, the 9th are still a bunch of cowards.

[1911su16b870]

Hopefully the opinion will show how the magazine capacity limit/ban is unconstitutional on many fronts:

1. Millions in Common Use
2. No historical analogue
3. Necessary to the arm aka also arms
etc.

[Fjold]

Here are all the districts of the 9th circuit:
1. Alaska
2. Arizona
3. Central District of California
4. Eastern District of California
5. Northern District of California
6. Southern District of California
7. Guam
8. Hawaii
9. Idaho
10. Montana
11. Nevada
12. Northern Mariana Islands
13. Oregon
14. Eastern District of Washington
15. Western District of Washington

What states in the 9th circuit are MORE liberal than California?

Guam
Hawaii
Northern Mariana Islands
Western District of Washington

[AlmostHeaven]

Does the Second Amendment even apply in U.S. territories like Puerto Rico and Guam?

I'm asking because looking at the gun laws in some of the territories, they are more onerous and restrictive than anything in any state.

[SpudmanWP]

Maybe.

Each territory can be incorporated or unincorporated which sets how the Constitution applies.

[ProfChaos]

The 9th circuit remanded it due to the need for "new evidence & discovery", ie a historical record needed under the new Bruen standard. Circuit courts are not the appropriate place for new evidence to be submitted.

That being said, the 9th are still a bunch of cowards.

As a layman I would expect GVR to be back to the place that got it wrong.

That is the bit of information I was missing. I can vaguely understand why they pushed it that far back down the chain.

Thank you.

[Dvrjon]

Unincorporated territories are not considered integral parts of the United States, and the Constitution of the United States applies only partially in those territories.

Five territories (American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands) are permanently inhabited, unincorporated territories.

But in 2022, Puerto Rico ruled

It confirmed that the right to keep and bear arms in the Second Amendment is a fundamental right that has been extended to Puerto Rico. Citing recent U.S. Supreme Court case law, the Puerto Rico Supreme Tribunal set forth that when the state government regulates conduct protected by the Second Amendment, it must demonstrate that the regulation or limitation of that constitutionally protected conduct is consistent with the historical tradition regarding the regulation of firearms in the nation in order for the regulation to be justified.

But the Tribunal ruled that the law requiring a license to possess and a permit to carry firearms in Puerto Rico was constitutional.

[Dvrjon]

As a layman I would expect GVR to be back to the place that got it wrong.

That is the bit of information I was missing. I can vaguely understand why they pushed it that far back down the chain.

Thank you.

Try this.

The Supreme Court didn't come to any decision on the rulings made by the lower courts in the GVR's cases. They simply said the method used to determine the conflict was incorrect.

This is similar (analogous) to the school math teacher who reviews the paper and says, "You showed your work and didn't use the correct method". Redo your work using the correct method.

The GVR kicked the cases back to 9CA because they used the wrong method, not because they got the wrong answer. 9CA looked the cases over and decided that what they had been sent used the wrong method and so sent the cases back to the District courts to rework the effort using the correct method so 9CA could review it.

What comes back up the line on these cases will be the initial musings of how the THT method lines up with the issues. Then, 9CA gets to look at the musings in the light of THT (including nuances, analogous legal activities, etc.) and not the context of the interest balancing method used in the past.

Eventually, the cases get sent to the SCOTUS to ask, "Teacher, did we use the right method?"

[RickD427]

Try this.

The Supreme Court didn't come to any decision on the rulings made by the lower courts in the GVR's cases. They simply said the method used to determine the conflict was incorrect.

This is similar (analogous) to the school math teacher who reviews the paper and says, "You showed your work and didn't use the correct method". Redo your work using the correct method.

The GVR kicked the cases back to 9CA because they used the wrong method, not because they got the wrong answer. 9CA looked the cases over and decided that what they had been sent used the wrong method and so sent the cases back to the District courts to rework the effort using the correct method so 9CA could review it.

What comes back up the line on these cases will be the initial musings of how the THT method lines up with the issues. Then, 9CA gets to look at the musings in the light of THT (including nuances, analogous legal activities, etc.) and not the context of the interest balancing method used in the past.

Eventually, the cases get sent to the SCOTUS to ask, "Teacher, did we use the right method?"

^^^Pretty Much This^^^

But there is one additional issue.

In order to apply the "Right Method", the court has to possess the "Right Information" on which to apply the "Right Method."

It's important, from a Due Process standpoint that the parties in the case have to opportunity to best plead their case under the "Right Method." That has not yet occurred, and no Appellate Court can adequately consider "Right method" pleadings because they ain't in the record yet.

Appellate Courts don't create trial records, that's for the District Court to do (or re-do).

[AlmostHeaven]

This all sounds swell, but Bianchi v. Frosh got GVRed by the Supreme Court and ended up being heard at the Fourth Circuit Court of Appeals 3-judge panel level.

This leads me to think the Ninth Circuit remanded the case all the way back down with malicious intent.

[Dvrjon]

This all sounds swell, but Bianchi v. Frosh got GVRed by the Supreme Court and ended up being heard at the Fourth Circuit Court of Appeals 3-judge panel level.

This leads me to think the Ninth Circuit remanded the case all the way back down with malicious intent.

So everything that has been presented on this has explained that there is a fairly simple process involved, but you?re going to reject that and go with ?malicious intent??.

[AlmostHeaven]

We're all on the same side here, hopefully, to advance gun rights cases up out of the hopelessly biased and frankly time-wasting circuit courts and reach the Supreme Court.

I care about results. Judge Benitez already used text as informed by history and tradition in his original rulings. There was no need for the Ninth Circuit to send every case for another round trip, when we 100% know they will overrule and uphold the restrictions using the bastardized interest-balancing again.

So yes, I will not give them any benefit of the doubt, especially since my circuit, the United States Court of Appeals for the Fourth Circuit, has already demonstrated that there is no need to remand all the way back down to the district court and waste years.

[AlmostHeaven]

You will see the Ninth Circuit stay all of Judge Benitez's decisions faster than you can read the opinions. They will not follow text as informed by history. The progressive activists in robes will use the "semi-automatic weapons and high-capacity magazines are dangerous and unusual and not protected under the Second Amendment" approach that Illinois has been getting away with in the Seventh Circuit.

Your meme describes the very process the Ninth Circuit is doing, not what I believe to be true.