Posted on 04/06/2023 7:55:30 PM PDT by DogByte6RER
A San Diego federal judge has issued a ruling that blocks four provisions of California’s strict handgun law, becoming the second U.S. district judge within two weeks to rule that parts of the state’s Unsafe Handgun Act likely violate the Second Amendment.
Judge Dana Sabraw’s ruling in the San Diego case could potentially open the door for Californians to purchase hundreds of types of semiautomatic pistols that state officials currently deem “unsafe” and thus do not include on a roster of approved handguns. But the judge issued a stay on his decision, giving Attorney General Rob Bonta time to appeal the ruling.
Sabraw’s decision highlights how weapons laws in California and across the country could dramatically change in the wake of last year’s ruling by the U.S. Supreme Court in a New York gun case. The ruling in New York State Rifle & Pistol Association v. Bruen struck down the state’s concealed-carry law, but also established a new “text, history and tradition” standard by which all courts must rule on firearms cases and other Second Amendment challenges.
Before the Bruen decision, Sabraw had ruled against the plaintiffs in their quest to block four of the provisions of the Unsafe Handgun Act. On Friday, he ruled in favor of the plaintiffs based on the new standard.
“Bruen really changed the entire landscape,” Bill Sack, director of legal operations for Firearms Policy Coalition, one of the plaintiffs in the case, said Wednesday. “I think we’re going to see a lot more decisions like this from judges like Judge Sabraw, who are not ideological for or against (firearms).”
The provisions of California’s Unsafe Handgun Act that were being challenged require new semiautomatic pistols sold in the state to have three components: a chamber load indicator, …
(Excerpt) Read more at sandiegouniontribune.com ...
Massachusetts has a similar law.I wonder if anyone here is challenging it in Federal court. Of course it would be futile to challenge it in state court because our judges are very well known to have complete contempt for the 2nd Amendment,as evidenced by the story behind the recent SCOTUS case called “Caetano v Massachusetts”.
Thank you President Trump!
Heh. 😎
YAY!! So there is at least still a couple of judges that believe the Constitution still matters.
That’s a relief, though I wish there were more.
All I know is that I feel much safer when the government passes a new gun law because all the criminals know they must obey gun laws or else they will be in big trouble...
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Judge Benitez has been the best 2A judge in CA. Hopefully Sabraw will be similar. The “safe handgun list” is a ridiculous infringement and needs to go .
It is, unfortunately, typical of the defense-in-depth strategy of the gun-banners. It's doesn't explicitly ban the sale of new firearms but requires impossible technical changes like microstamping.
Someone needs to sue states like CA, NY, IL, NJ and others to demand a consent decree requiring pre-clearance by the Federal circuit before the state or any locality can pass another gun control measure. If it was good enough to protect voting rights, then pre-clearance is good enough to protect the RKBA.
If we were honest with ourselves, we would admit that California really isn't part of the United States anymore.. And, I have a feeling, there are several more we have already lost....
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