Guest Post-
Many have already noted that a panel of the 9th Circuit decided that California’s banning of “high capacity” firearm magazines was an unconstitutional violation of the 2nd Amendment. This by itself is very good news: it applies not just to California, but also the rest of the 9th Circuit jurisdiction: the entire West Coast (including Alaska and Hawaii), plus Idaho, Montana, Nevada, and Arizona.
What I missed initially, and I’m assuming at least some others may have missed as well, is that in their decision, the panel specifically stated that potential 2nd Amendment cases MUST be decided using “strict scrutiny.” This is a really big deal.
As Carl Bussjaeger says at The Truth About Guns:
Nearly every violence-enabling victim-disarmament gun control law on the books has stood because courts almost invariably apply intermediate scrutiny, a made-up test that allows the Constitution to be violated if the government claims some equally imaginary “interest” served by continuing to screw the people.If this stands, it will be the precedent for dismantling gun control in California and the entire Ninth Circuit. Few of the state’s restrictions on the right to keep and bear arms could withstand a strict scrutiny test. I’m astonished that a panel of the Ninth ruled this way, so explicitly. Elections really do have consequences.
I’m sure California’s AG Becerra will ask for a full en banc review, but President Trump has restructured the political ideology of that Circuit to a large extent, enough that there’s reason to hope for an en banc upholding of the three-judge panel’s decision.
Yes, indeed, elections DO have consequences.
Warm regards,
Uncle Al
I missed some of that information so thanks for the update.
These lil nuggets of Trump’s appointments, are worth more than gold in value.
Korean Justice Kenneth Lee was on the rooftops with his relatives in 1992. Amazing.
Fur, you may perhaps recall my telling you that the one regular on this site whose comments I consistently admire are Uncle Al’s—-kudos, sir.
Oh, my. Thank you, @Obamaplease, for your kind words.
Well! It’s slightly less onerous living in CA now.
Take a bow Al! Seems like even if someone tries to give your chain a bit of a tug you don’t fall fall for it. Good work!
Is anyone beginning to wonder about the ammo selection or availability?? There should be a thread on that alone.
When we visited Phenry at —– the shelves were EMPTY for the most part. That was a GREAT spot to meet btw @PHenry. Bought myself a t-shirt! After that we went to Scotchtown, THEE P Henry local site…amazing shit. HE WAS responsible for the Bill of Rights more or less when he was concerned about the Federal new government.
The original hard ass Patrick Henry was.
SO, the moral of the story, no ammo, no weapon to fire ammo. A hammer needs a nail. One is useless without the other.
we’ll see when the entire panel makes a decision … & if memory serves, they have 29 judges presiding … & that is one cumbersome en banc court. (PDT has 10 appointees, the rest are Clinton, W & Obiden’s)
the 9th does have an en banc review process where the chief justice & 10 ‘randomly’ chosen judges preside as the en banc court … but this is why their decision can easily be taken up to the Supremes
& btw, @Uncle Al ~ ditto to what Obamaplease said
Forgot to mention, we were sitting at dinner at an Applebees in Lewisburg, West Va and Lewis, yep, the waiter, after talking a bit, told us that he was going to purchase a firearm for the first time in his LIFE and HE LIVES AND GREW UP THERE.
That was one freakin’ eye opener for me, I must say.
Just ask the right questions.
He ‘doesn’t like what is goin on’, he said.
ghost, if you are looking for ammo you probably need to be looking online. Even their availability is getting low.
@ghost ~ most of the nails I’ve ever hit w/ a hammer are thumb nails … hammers make a damned fine weapon
start buying crossbows (if they’re legal in your area) & compound bows …. & as w/ firearms … practice, practice, practice (& bolts & arrows are reusable)
… & kids love ’em … set up a target area in the backyard & watch the kids (&/or grandkids) go to town!
@Bad Brad: Going on a shopping spree?
PLENTY
Did Ghost just say you came by the shop and didn’t tell me?
@Joe6pak – not necessarily lookin’ just making an unfortunate observation. Online is not exactly how I would like to purchase! When I see .22LR I always grab a box but now?
@ΜΟΛΩΝ ΛΑΒΕ – great suggestion, go back to the basics. Looking to find the correct arrow for the target, meaning, it would be nice to shoot into a corrugated cardboard target first and then move up the ladder. Start in a simple way and then up to William Tell quality.
Hey @Hanoverfist!! Yeah we were at your place but on Saturday and not Sunday.
Don’t tell me you were there…we bought a couple of cases and scopes for our bb rifles back at home…
I was thinking of getting on the PA system and ‘PAGING paging Mr Hanoverfist…Meet Ghost and Family in the Ammo aisle”…
RE: ammo availability. There’s plenty for sale at https://www.gunbroker.com/ as usual. But…it is expensive. I just picked up 1,000 rounds of 9 mm Speer Gold Dot 124 gr. JHP +P LE Duty ammo and glad to get it even though it was almost fifty cents per round. It’s normally thirty-something cents.
When I went there a day or two ago there were many pages of 9 mm for sale, all kinds. I didn’t check other calibers, but if there was plenty of 9 mm there ought to be a goodly amount of other stuff that’s hard to find in your LGS.
p.s. edit: gunbroker is usually known for auction sales, but there are a LOT of sellers who have a “buy now” option.
There’s a small pistol primer shortage they’re blaming on the Kung Flu. However 556 is in short supply too so I question the primer excuse. Pistols themselves are non existent. Most popular pistols sold are in 9mil. I saw a 9mil Shield in a gun store last week with a $795.00 price tag on it. I think the ammo shortage is simply do to increased demand. I’ve had an SP-01 on order thru a major distributor for about 4 months. I just canceled it. I’m going to build an 80 % Commander size 1911 up. Originally I was going to do it it 9 mil but after this week I’m building it in 45z
An important item is the panel did not overrule the lower court ruling, they upheld it. Important going forward with en banc & SCOTUS.
And ditto what Obamaplease said. Always enjoy an UncAl comment.
Uncle Al
Great job and a very important point. Maybe you know this about AG Beccaera but if not this is important. California has criteria set for their AG’s that they had to litigate a case, in front of a judge, to be eligible. AG Becerra Has never litigated a case. There was a law suite to get his ass kicked out but they made an exception. On several of his motions the court has kicked them back and told him they make no sense, redo them and resubmit.
Experts that have reviewed his legislation on gun control call them a joke. But very few law suits are brought.
Hopefully this new criteria the court is using will inspire some people.
Great job.
ObamaPlease,
Yes, I do recall.
You have good taste.
Here is a good analysis of the decision and why a request for en banc may not necessarily happen.
https://youtu.be/UrGKR6VrpSk
I have heard part of this ammo drought was brought on by Kung Flu shutdowns stopping metal production. We are short on domestic lead mining, copper is a losing industry stateside due to low prices, and the other metals involved are not being produced either.
Between a renewed and reawakened 2A interest brought to the general public by pantifa and their associates, general anxiety about the future of our republic, and a desire to feel safer the reduced supplies available have been bought up.
This is less a result of sinister shadow forces, more a result of intentional environmental over regulation by past administrations, and increased demand for the arms and ammo.
Bad Brad,
FWIW, a few months ago I went to a gun show (just looking for a few AR parts to avoid online purchases) and was stunned by the number of people in attendance. It was larger than anything I’ve seen since the Clinton administration, and even then there weren’t that large a crowd very often. Plenty of new guns and ammo, lot of NFA stuff being shown for those looking for it (SBS, Suppressors, etc.) and plenty of ammo but everything was a little pricey. Not a lot of parts dealers and none other than AR stuff.
Something’s going on with the American people. There’s another show going on fairly close to me now so I think I’ll go and make some comparisons to the last one to see if anything’s changed.
BTW, That 1911 is a lot easier to do with a mill, hope you have one, than a drill press or router. The holes need to be pretty precision in placement and the rails are important but can be a bit loose (better than tight or misaligned), the fitment of the parts is critical to avoid ending up with a jam-o-matic. IUf you haven’t done one before you’ll end up learning a lot by the time you’re done, a lot of carry over skills, wish everyone would learn how to make their own while it’s still legal in most places.
Anonymous
I’ve got a couple $400,000. mills. Horizontal pallet machines. We’re an aerospace job shop. We also have an FFL.
It will be a carry gun. Think I’m going old school series 80.
@Cynic AUGUST 15, 2020 AT 9:51 PM
“@Bad Brad: Going on a shopping spree?”
Cynic, if I read BB correctly, he won’t need a credit card to restock, just a shovel.
“I’ve got a couple $400,000. mills. ………..”
Lucky guy, wish I had access to that stuff. All I’ve got is personal hobby sized stuff and access to some old school Bridgeport’s and Lathes left over from the days they were cutting edge back in the late 70’s. Nothing CNC at all.
Those machines you have are a dream to me, one I’m way too old to pursue, but the average guy shouldn’t be intimidated by them and give up on the idea of learning to make his own weapons from scratch. I’ve seen some amazing work done with very simple hobby stuff, in the end it’s the guy doing the work more than the tools he is using.
FWIW, there’s an awful lot of 80% polymer stuff coming out now, and I’ve seen a few examples of airsoft and such frames being converted to make very credible and functional pistols and rifles.
Power to the people.
“but the average guy shouldn’t be intimidated by them”
Our trade has evolved to a totally digital process. The leaps forward have occurred in the software to drive the machine tool. Very fun stuff.