A Federal Judge Upholds Second Amendment Rights -- But The Case Is Heading For The Ninth Circuit

Forbes ^ | July 7, 2017 | George Leef

[reaganaut1]

In the seemingly endless parade of measures that infringe upon our rights under the Second Amendment, a recent one in California stands out as especially brazen. Following the passage of Proposition 63 last November, gun owners in the state who own magazines holding more than ten rounds were required to surrender them to state authorities by July 1.

Fortunately, on June 29, Judge Roger Benitez of the Southern District of California threw a monkey wrench into the plans of the gun (and magazine) grabbers.

A bit of history. Back in 2000, California made it illegal to sell magazine capable of holding more than ten rounds, but citizens who already owned those now “illegal” magazines were grandfathered in. They would be permitted by the gracious state to keep and if necessary use their property.

Prop 63 changed that. Owners of large magazines would have to either surrender them or face up to a one-year prison sentence. Peaceful people who own “oversized” magazines must obey the government and give up their property. Once again, instead of protecting individual rights, the state has gone on the attack against them.

A suit was filed against the constitutionality of the magazine confiscation law, naming California attorney general Xavier Becerra as the defendant. By good fortune, the case came before Judge Benitez.

In Duncan v. Becerra, Judge Benitez issued an injunction that blocks Proposition 63 from taking effect. In doing so, writes law professor Josh Blackman on National Review, he “provided a clinic on how to scrutinize laws that restrict Second Amendment rights.”

[tubebender]

Chip Chip Chipping away at our constitutional rights...

[Ruy Dias de Bivar]

And to think, back in 1982 the voters of California rejected Prop 15 which would have banned new handguns, and required registration of old ones. One would think the rejection of Prop 15 would also be a rejection of any handgun magazine limits.

https://ballotpedia.org/California_Proposition_15,_Handgun_Registration_Initiative_(1982)

[gibsonguy]

We should remember the 2nd was almost tossed a few years ago. It was 5-4 with Kennedy being the swing. He and Roberts screwed us several times sense but that’s how close we came.

[onedoug]

Eff the courts. Our rights come from God.

[fella]

Spokesperson for the 9th circus commented

[Boomer]

Any finding of the 9th circus should have to automatically be reviewed by the Supreme Court before anything it says takes effect.

Better yet just dissolve it completely. It’s not like they understand the Constitution the way it was written. It’s just an activist charade pretending to be a body of judicial competence; which of course it most certainly is not

[Thud]

I've read the case. The California Attorney General utterly screwed up the evidence on its side and the trial judge pounced on that. IMO the 9th Circuit will give the AG a do-over on appeal, and remand the action back to the district court so the AG can get in the evidence it should have presented the first time. Then the AG will win.

IMO it's 50/50 whether the 9th Circuit preserves the injunction the district court granted the first time while everybody waits for the second trial.

[zeugma]

I found an excellent copy of the decision itself. It is really worth reading for anyone interested in the subject.