Last Friday, the news came down that a three-judge panel appellate hearing overturned California’s standard capacity magazine ban on strict scrutiny. I’ve read that the ban is still technically in place due to an earlier injunction, but I also saw Brownell’s loudly proclaim they’re going to flood California with as many standard capacity magazines as they can. Much as they did during that glorious few days the last time the ban was overturned. More power to the Brownell’s, Midway, and anyone else trying to flood California with real magazines.
The case is expected to go to an en banc hearing, but that’s not the assured win for California as it was a few years ago. Trump and McConnell have been ramming a bunch of new judges into the Ninth to the point that it’s been pulled back closer to the center. Which, if the en banc sustains the panel’s findings, would mean the Ninth is conflicted with several other circuits. If what happened this summer is any indication, there’s no desire from SCOTUS to pick up any Second Amendment cases and clear up any of these circuit conflicts. Which, while infuriating, may actually be in our long-term interest.