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Duncan vs. Becerra 9th Circuit 10 Round Mag Limit Unconstitutional

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Good step for CA, Lefty will ask for a full panel now, which I understand is 11 judges randomly selected from the 9th circuit. Luck of the draw, can go either way, but unlikely any lefty judge will side with "us", and always a possibility that a rhino judge will side with "them". Pray, maybe we will get lucky in the random "drawing" and have the odds on our side.

Forget the SC, they just refused to take 11 or so gun cases including our NJ carry case. The appellate courts will decide the legal future of 2A unless POTUS gets to appoint another Justice in TERM#2...That is the reality...Thanks to Trump we have a fighting chance in the Appellate's but still just a chance.

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3 hours ago, siderman said:

No, realistic. Hope, aka optimism, is not a strategy. There are no choices for change other than a change of state.  I've been out a few months now and can see NJ a bit more objectivly. The grass is greener out here and NJ looks even worse from the outside. I almost feel stupid and foolish now for staying as long as I did. Get out.

By august 2021....  i already met with a realtor in july...meeting again in october....

I also met with a realtor at home..they said i list it today it will sell in a week...they also said i can easily get 20%plus over assessed value.

Also Vernon sold a closed school to hasidics and a summer camp in town sold also to hasidics...

Just need to square work away and i am out

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I’ve mentioned in similar threads how I struggle to grasp the legalities of this. When Trump does something the lefties don’t like, they run to the Ninth Circuit to rule against him, and they get a nationwide injunction. But when a court like the Ninth rules in our favor, it applies only to them, and we don’t benefit from it. 
Would one of the legal eagles on here be kind enough to explain that again to this tired old man.  

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1 hour ago, Old Glock guy said:

I’ve mentioned in similar threads how I struggle to grasp the legalities of this. When Trump does something the lefties don’t like, they run to the Ninth Circuit to rule against him, and they get a nationwide injunction. But when a court like the Ninth rules in our favor, it applies only to them, and we don’t benefit from it. 
Would one of the legal eagles on here be kind enough to explain that again to this tired old man.  

I think it has to do with the type of case. If a state, CA, brings a case to the 9th circuit against a federal law or EO then it effects the federal law or EO. If an individual or group brings a case to the 9th claiming a state, CA, has broken federal law, 2A, then it only effects the state named in the case for the law named in the case. Since it is in a district court it can be used as case precedent against similar laws in other states subject to the court’s jurisdiction. That’s why if this ruling stands in the 9th circuit, it will only effect the area covered by the 9th circuit. The ruling isn’t against a federal law, but a state law. 
At least that is how I understand it, not a lawyer :)

-Jim

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3 hours ago, Combat Auto said:

Forget the SC, they just refused to take 11 or so gun cases including our NJ carry case.

My guess has been that was because the conservative justices think that John Roberts has become an unreliable vote. 

By the time Becerra gets to SCOTUS, the makeup of the court is likely to differ from what it is now.

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Not to beat a dead horse (I would have put one of those emoji things, but don't know how), Roberts hasn't been unreliable at all, he consistently votes with the far left justices. I'm not up on all the legalese mumbo jumbo, and maybe just my innate pessimism, but I see this somehow being overturned.

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23 minutes ago, bennj said:

Not to beat a dead horse (I would have put one of those emoji things, but don't know how), Roberts hasn't been unreliable at all, he consistently votes with the far left justices. I'm not up on all the legalese mumbo jumbo, and maybe just my innate pessimism, but I see this somehow being overturned.

Stevie Wonder could see this being overturned.

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12 hours ago, USRifle30Cal said:

By august 2021....  i already met with a realtor in july...meeting again in october....

I also met with a realtor at home..they said i list it today it will sell in a week...they also said i can easily get 20%plus over assessed value.

Also Vernon sold a closed school to hasidics and a summer camp in town sold also to hasidics...

Just need to square work away and i am out

I am hoping to be on the same timeline as you!

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19 hours ago, USRifle30Cal said:

By august 2021....  i already met with a realtor in july...meeting again in october....

I also met with a realtor at home..they said i list it today it will sell in a week...they also said i can easily get 20%plus over assessed value.

Also Vernon sold a closed school to hasidics and a summer camp in town sold also to hasidics...

Just need to square work away and i am out

Nice. Hope NJ doesn't implode before then.And watch out for those eruvs.

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On 8/15/2020 at 11:02 AM, Combat Auto said:

Good step for CA, Lefty will ask for a full panel now, which I understand is 11 judges randomly selected from the 9th circuit. Luck of the draw, can go either way, but unlikely any lefty judge will side with "us", and always a possibility that a rhino judge will side with "them". Pray, maybe we will get lucky in the random "drawing" and have the odds on our side.

Forget the SC, they just refused to take 11 or so gun cases including our NJ carry case. The appellate courts will decide the legal future of 2A unless POTUS gets to appoint another Justice in TERM#2...That is the reality...Thanks to Trump we have a fighting chance in the Appellate's but still just a chance.

I believe that if a Judge or the state asks for en banc review, the entire circuit would vote for or against it, excluding judges that recuse themselves.  This would include the Chief Judge, the Circuit Judges, and the Senior Circuit Judges.   If you look at the makeup of those 47 judges and who appointed them you can see it's as follows:

 

Democrat Appointed: 23

Clinton - 13

Carter - 3

Obama - 7

 

Republican Appointed: 24

GWB - 7

GHWB - 2

Nixon - 2

Trump - 10

Reagan - 3

If they vote for en banc, then the court picks at random 10 judges, plus the chief judge.  Senior Court Judges are only able to be picked if they were part of the 3 person review.  No senior judges were on the 3 person review but the dissenting Judge Lynn is actually from the District court in Texas and not a circuit judge at the 3rd circuit court of appeals.   

Assuming she is ineligible for en banc hearing, than the chief judge would be picked and then 10 others out of the following group.   so the changes of getting a majority of republican appointed judges at this point is slim.  The best we can hope for is a party line vote on the en banc and it doesn't get taken up for review.  

Chief Judge picked by Clinton

29 Circuit Judges

10 Trump

7 Obama

3 GWB

8 Clinton

 

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13 hours ago, voyager9 said:

I think you’re missing one. I believe it’s 13-16 Democrats of the 29 potential judges. 

the one I took out was the Chief Judge.   he is a Clinton appointee that would definitely get picked.   so its 11 get picked.   1 chief judge (Clinton appointee) and 10 out of the remaining 28.   13R+15D.

 

in other words, statistically if it goes en banc we lose. 

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