# Wow...there IS a 9th circuit court judge with common sense

**URL:** <https://community.usconcealedcarry.com/t/wow-there-is-a-9th-circuit-court-judge-with-common-sense/114610>\
**Category:** Legal & Second Amendment\
**Created:** [March 21, 2025, 6:08pm UTC](https://community.usconcealedcarry.com/t/wow-there-is-a-9th-circuit-court-judge-with-common-sense/114610 "2025-03-21T18:08:55Z")\
**Posts on this page:** 13\
**Page:** 1

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**Author:** ![Bjorn](https://sea1.discourse-cdn.com/flex015/user_avatar/community.usconcealedcarry.com/bjorn/32/26608_2.png) [@Bjorn](https://community.usconcealedcarry.com/u/Bjorn)\
**Post date:** [March 21, 2025, 6:08pm UTC](https://community.usconcealedcarry.com/t/wow-there-is-a-9th-circuit-court-judge-with-common-sense/114610/1 "2025-03-21T18:08:55Z")

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> <https://x.com/GunOwners/status/1902791793726423298>

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**Author:** ![Will\_B](https://sea1.discourse-cdn.com/flex015/user_avatar/community.usconcealedcarry.com/will_b/32/102791_2.png) [@Will\_B](https://community.usconcealedcarry.com/u/Will_B)\
**Post date:** [March 21, 2025, 6:49pm UTC](https://community.usconcealedcarry.com/t/wow-there-is-a-9th-circuit-court-judge-with-common-sense/114610/2 "2025-03-21T18:49:41Z")

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The problem is that he’s absolutely correct about the other judges simply not knowing, nor wanting to know anything about how guns work.

Their willful ignorance of the topic will be impossible to overcome.

They want to see the American people disarmed, or limited to muskets of old so that the government can control them with impunity.

And I’m certain that even if they could strip the 2A down to just muskets, they’d ban powder horns, and limit the number of shot that could be carried on your person. 🙄

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**Author:** ![Bjorn](https://sea1.discourse-cdn.com/flex015/user_avatar/community.usconcealedcarry.com/bjorn/32/26608_2.png) [@Bjorn](https://community.usconcealedcarry.com/u/Bjorn)\
**Post date:** [March 21, 2025, 8:14pm UTC](https://community.usconcealedcarry.com/t/wow-there-is-a-9th-circuit-court-judge-with-common-sense/114610/3 "2025-03-21T20:14:22Z")

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> [@Will\_B](#):
>
> Their willful ignorance of the topic will be impossible to overcome.

Willful ignorance and non-compliance with the law by any judge should be cause for disbarrement!

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**Author:** ![Jim80](https://avatars.discourse-cdn.com/v4/letter/j/5f9b8f/32.png) [@Jim80](https://community.usconcealedcarry.com/u/Jim80)\
**Post date:** [March 21, 2025, 8:14pm UTC](https://community.usconcealedcarry.com/t/wow-there-is-a-9th-circuit-court-judge-with-common-sense/114610/4 "2025-03-21T20:14:38Z")

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I just don’t think his video helped with anything. He just gave politicians a list of other parts to put restrictions on.

The dissenting opinion hit the nail on the head. The majority claimed that a magazine is essential to the operation of the firearm, and therefore protected by the 2nd Amendment, ONLY if it holds 10 rnds or less. If it holds 11 or more, it ceases to be protected because it magically transformed into an “accessory” and is therefore no longer protected by the 2nd A. The core of their argument is illogical and they didn’t bother to explain how this magic happens. They also claimed authority to modify the SCOTUS ruling in Bruen and come up with a “nuanced” category where you get to ignore a need for historical analogs and return to the pre-Bruen interest balancing that they’ve always used.

While Judge VanDyke’s video was somewhat entertaining, I think he missed the key points that will be argued in front of SCOTUS.

The majority opinion is a jumbled mess of contradictions and nonsense. Reading as much of it as I did yesterday gave me a headache.

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**Author:** ![Kim2](https://sea1.discourse-cdn.com/flex015/user_avatar/community.usconcealedcarry.com/kim2/32/134515_2.png) [@Kim2](https://community.usconcealedcarry.com/u/Kim2)\
**Post date:** [March 21, 2025, 9:42pm UTC](https://community.usconcealedcarry.com/t/wow-there-is-a-9th-circuit-court-judge-with-common-sense/114610/5 "2025-03-21T21:42:38Z")

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I had to watch it a second time. I couldn’t believe there was really a judge out there with that much sense and willing to shame his fellow judges so openly. Wise and brave man.

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**Author:** ![Robert1246](https://sea1.discourse-cdn.com/flex015/user_avatar/community.usconcealedcarry.com/robert1246/32/39522_2.png) [@Robert1246](https://community.usconcealedcarry.com/u/Robert1246)\
**Post date:** [March 21, 2025, 9:46pm UTC](https://community.usconcealedcarry.com/t/wow-there-is-a-9th-circuit-court-judge-with-common-sense/114610/6 "2025-03-21T21:46:57Z")

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One can only explain it to them. One cannot understand it for them.

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**Author:** ![Craig\_AR](https://sea1.discourse-cdn.com/flex015/user_avatar/community.usconcealedcarry.com/craig_ar/32/41679_2.png) [@Craig\_AR](https://community.usconcealedcarry.com/u/Craig_AR)\
**Post date:** [March 21, 2025, 10:07pm UTC](https://community.usconcealedcarry.com/t/wow-there-is-a-9th-circuit-court-judge-with-common-sense/114610/7 "2025-03-21T22:07:16Z")

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You can see the video on YouTube as originally released by the 9th Circuit Court of Appeals:

[![](https://us1.discourse-cdn.com/flex015/uploads/dd_dev/original/3X/4/5/456dfb5dbc95a1ff54ba4a544b62c4c381fc226c.jpeg "Dissent video in 23-55805 Duncan v. Bonta") ](https://www.youtube.com/watch?v=DMC7Ntd4d4c)

And if you want to read the entire 147 pages of opinion with dissents,

> **[23-55805.pdf](https://cdn.ca9.uscourts.gov/datastore/opinions/2025/03/20/23-55805.pdf)**

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**Author:** ![Richard56](https://avatars.discourse-cdn.com/v4/letter/r/a88e4f/32.png) [@Richard56](https://community.usconcealedcarry.com/u/Richard56)\
**Post date:** [March 22, 2025, 2:25am UTC](https://community.usconcealedcarry.com/t/wow-there-is-a-9th-circuit-court-judge-with-common-sense/114610/8 "2025-03-22T02:25:19Z")

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One judge with Common Sense doesn’t outweigh 8 without it…

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**Author:** ![N\_Kevin](https://sea1.discourse-cdn.com/flex015/user_avatar/community.usconcealedcarry.com/n_kevin/32/99520_2.png) [@N\_Kevin](https://community.usconcealedcarry.com/u/N_Kevin)\
**Post date:** [March 22, 2025, 12:15pm UTC](https://community.usconcealedcarry.com/t/wow-there-is-a-9th-circuit-court-judge-with-common-sense/114610/9 "2025-03-22T12:15:48Z")

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History Lesson for future consideration. Any member of Congress or the court who claims that the 2nd amendment did not include automatic weapons is ignorant of history. Multi shot repeating weapons existed before the Bill of Rights (December 15, 1791)

- Joseph Belton 1777 8 shot flintlock The [musket](https://en.wikipedia.org/wiki/Musket) design was offered by Belton to the newly formed [Continental Congress](https://en.wikipedia.org/wiki/Continental_Congress) in 1777., unfortunately it was determined too expensive to equip a Regiment.

- Kalthoff Repeater Year 1650 was a 5 to 30 round repeating rifle.

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**Author:** ![Bjorn](https://sea1.discourse-cdn.com/flex015/user_avatar/community.usconcealedcarry.com/bjorn/32/26608_2.png) [@Bjorn](https://community.usconcealedcarry.com/u/Bjorn)\
**Post date:** [March 22, 2025, 1:05pm UTC](https://community.usconcealedcarry.com/t/wow-there-is-a-9th-circuit-court-judge-with-common-sense/114610/10 "2025-03-22T13:05:28Z")

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Very true!

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**Author:** ![Robert1246](https://sea1.discourse-cdn.com/flex015/user_avatar/community.usconcealedcarry.com/robert1246/32/39522_2.png) [@Robert1246](https://community.usconcealedcarry.com/u/Robert1246)\
**Post date:** [March 22, 2025, 1:21pm UTC](https://community.usconcealedcarry.com/t/wow-there-is-a-9th-circuit-court-judge-with-common-sense/114610/11 "2025-03-22T13:21:06Z")

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> [@Richard56](#):
>
> One judge with Common Sense doesn’t outweigh 8 without it…

Maybe not in weight in pounds. In weight in truth it does. Truth justice and the American way. MAGA 🇺🇸  
A little optimism goes a long way.

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**Author:** ![Joel106](https://sea1.discourse-cdn.com/flex015/user_avatar/community.usconcealedcarry.com/joel106/32/126547_2.png) [@Joel106](https://community.usconcealedcarry.com/u/Joel106)\
**Post date:** [March 22, 2025, 5:53pm UTC](https://community.usconcealedcarry.com/t/wow-there-is-a-9th-circuit-court-judge-with-common-sense/114610/12 "2025-03-22T17:53:18Z")

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Unfortunately, its still the 9th circus. Breath of fresh air but still, the most overturned court…for a reason

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**Author:** ![Jim80](https://avatars.discourse-cdn.com/v4/letter/j/5f9b8f/32.png) [@Jim80](https://community.usconcealedcarry.com/u/Jim80)\
**Post date:** [March 22, 2025, 6:59pm UTC](https://community.usconcealedcarry.com/t/wow-there-is-a-9th-circuit-court-judge-with-common-sense/114610/13 "2025-03-22T18:59:20Z")

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Most overturned as well as the slowest. This opinion was released an entire year after oral arguments, which took place well after the appeal was filed. And this case was already completed by the same en banc panel prior to Bruen.

But I think they slow things down intentionally (justice delayed is justice denied). They put a few other cases on hold pending the outcome of this case. Whether that’s now or after the appeal to SCOTUS is anybody’s guess.
