The Briefing Room
General Category => National/Breaking News => Second Amendment => Topic started by: Elderberry on March 30, 2019, 06:03:04 pm
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NRA-ILA Friday, March 29, 2019
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.
The case is Duncan v. Becerra.
The NRA-supported case had already been up to the U.S. Court of Appeals for the Ninth Circuit on the question of whether the law’s enforcement should be suspended during proceedings on its constitutionality. Last July, a three judge panel of the Ninth Circuit upheld Judge Benitez’s suspension of enforcement and sent the case back to him for further proceedings on the merits of the law itself.
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.
More: https://www.nraila.org/articles/20190329/breaking-federal-court-finds-california-magazine-ban-violates-the-second-amendment (https://www.nraila.org/articles/20190329/breaking-federal-court-finds-california-magazine-ban-violates-the-second-amendment)
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It'll be interesting to see what the 9th does on appeal, considering the composition of the court has changed a bit over the past two years.
In the meantime there'll be alot of fingers hovering over 'send' buttons waiting for Monday of next week. Brownells, etc can expect a buttload of internet orders coming thick & fast.
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This one looks prime for a date with SCOTUS if there is push back from the state of California on this ruling IMO.
Which is good because it's been way too long since the high court took up a 2A case. They've let too many slide.
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They decided to look at "New York State Rifle & Pistol Association v. New York City" back in January.
https://www.cato.org/blog/supreme-court-finally-takes-second-amendment-case (https://www.cato.org/blog/supreme-court-finally-takes-second-amendment-case)
And they may also take up "Rogers v. Grewal, NJ"
https://weeklycaller.com/supreme-court-takes-closer-look-at-rogers-v-grewal-nj-second-amendment-case/ (https://weeklycaller.com/supreme-court-takes-closer-look-at-rogers-v-grewal-nj-second-amendment-case/)
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Congressional Research Service
Post-Heller Second Amendment Jurisprudence
Updated March 25, 2019
https://fas.org/sgp/crs/misc/R44618.pdf (https://fas.org/sgp/crs/misc/R44618.pdf)
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THanks for the Links, @Elderberry :patriot:
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BKMK