Quote of the Day
There are good arguments to be made, but the court didn’t offer them.
UCLA law professor
October 11, 2023
9th Circuit stays ruling against California ban on high-capacity ammunition magazines
The 9th Circuit put a stay on striking down of the “high-capacity” magazine ban. I found it interesting they didn’t analyze the law as per Bruen. As pointed out by Winkler, no friend of gun owners, they didn’t even put effort into making the best arguments for the anti-gun side. They seems to have said, “This law is good. Therefore it shall remain in effect.”
I suspect they knew, at least as some level, if they tried to arrive at their desired result via an articulated Bruen analysis they knew they would look even more stupid, ignorant, and/or evil than they do without doing the analysis. By saying,
“public interest tips in the favor of a stay,” as “mass shootings nearly always involve large-capacity magazines.”
They are engaged in interest balancing. But as pointed out by SCOTUS in two different rulings, the Second Amendment is the result of balancing the potential harms versus the good. No further balancing is allowed.