Blow Struck for Civil Rights In California

[rangerrebew]

in gun control, Second Amendment
Blow Struck for Civil Rights In California

Yesterday, Judge Roger Benitez of the U.S. District Court for the Southern District of California handed down an 86-page decision holding that California’s ban on magazines that contain more than ten rounds violates the Second Amendment. Judge Benitez’s decision is closely reasoned and unsparing in its dismantling of the feeble evidentiary case made on behalf of the state. It is premised largely on the U.S. Supreme Court’s decision in District of Columbia v. Heller.

    All Californians, like all citizens of the United States, have a fundamental Constitutional right to keep and bear common and dangerous arms.
    ***
    In Heller, the U.S. Supreme Court provided a simple Second Amendment test in crystal clear language. It is a test that anyone can understand. The right to keep and bear arms is a right enjoyed by law-abiding citizens to have arms that are not unusual “in common use” “for lawful purposes like self-defense.”

https://www.powerlineblog.com/archives/2019/03/blow-struck-for-civil-rights-in-california.php

[Taxcontrol]

Setting the stage for an eventual SCOTUS ruling as several other states have magazine limitations - NY - 10 rds, Colorado 15, etc.

[txradioguy]

Setting the stage for an eventual SCOTUS ruling as several other states have magazine limitations - NY - 10 rds, Colorado 15, etc.

Denver and IIRC Pueblo went even farther and pushed the limit down to 10 AND banned the dreaded "assault" rifle.  The only two pistols I own I can legally carry in Denver right now is my .30 special and my 1911.

[Right_in_Virginia]

Federal Judges Ripped California For 'Turning The Constitution Upside Down' To Enact Magazine Ban
Townhall, Mar 31, 2019, Matt Vespa

On Friday, the NRA, supporters of the Second Amendment, and gun owners clinched a sweet win, with a ruling from a federal judge that threw that law right into the trash. Judge Roger T. Benitez also took California Attorney General Xavier Beccera to the woodshed for his arguments in support of the legislation (via NRA-ILA):

In one of the strongest judicial statements in favor of the Second Amendment to date, Judge Roger T. Benitez of the U.S. District Court for the Southern District of California determined on Friday that California’s ban on commonly possessed firearm magazines violates the Second Amendment.

[…]

Judge Benitez rendered his opinion late Friday afternoon and handed Second Amendment supporters a sweeping victory by completely invalidating California’s 10-round limit on magazine capacity. “Individual liberty and freedom are not outmoded concepts,” he declared. 

In a scholarly and comprehensive opinion, Judge Benitez subjected the ban both to the constitutional analysis he argued was required by the U.S. Supreme Court in District of Columbia v. Heller and a more complicated and flexible test the Ninth Circuit has applied in prior Second Amendment cases.

Either way, Judge Benitez ruled, the law would fail. Indeed, he characterized the California law as “turning the Constitution upside down.”

More: https://townhall.com/tipsheet/mattvespa/2019/03/31/boom-federal-judge-destroys-californiasag-argument-for-states-magazine-ban-n2544022

[andy58-in-nh]

Criminals don't care about limits on magazine capacity, or upon which weapons they might carry. Self-defense is a fundamental right that must be recognized, and not given to us by government. Progressives do not care about any of that, because their aim is to make citizens defenseless and dependent. When laws violate such human rights, they should not only be ignored - they must be, for freedom's sake.