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Judge Benitz recognizes the Second Amendment once again!
1 posted on 10/19/2023 3:10:46 PM PDT by CFW
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To: CFW

More from the order:

“People have heard about the Robb Elementary School shooting in Uvalde, Texas. They have heard about Sandy Hook, Parkland, the Pulse nightclub, and other tragic mass shootings. But they do not hear of the AR-15 used in Florida by a pregnant wife and mother to defend her family from two armed, hooded, and masked home intruders. As soon as the armed intruders entered the back door of her home they pistol-whipped her husband — fracturing his eye socket and sinus cavity. Then they grabbed the 11-year old daughter. The pregnant wife and mother was able to retrieve the family AR-15 from a bedroom and fire, killing one of the attackers while the other fled.”


2 posted on 10/19/2023 3:12:26 PM PDT by CFW (I will not comply!)
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To: CFW

Again he idiot lawmakers can’t decipher “shall not be infringed”.


3 posted on 10/19/2023 3:12:52 PM PDT by DownInFlames (P)
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To: CFW

ABOUT TIME !!!!!!!


4 posted on 10/19/2023 3:13:21 PM PDT by ridesthemiles
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To: CFW

He is working his way to becoming a SCOTUS candidate...

Although, when moochelle is in the WH, the SCOTUS will probably be expanded to 30 in order to represent all sex labels and Islamic law...


5 posted on 10/19/2023 3:15:21 PM PDT by SuperLuminal (Where is the next Sam Adams when we so desperately need him)
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To: CFW
He also overturned & enjoined the "high capacity" magazine ban but the 9th Circus took the state's appeal of the injunction directly instead of letting the emergency panel hear it (highly unusual) and voted en banc to stay the injunction.

The plan by the 9th Circus is to ignore Bruen, overrule Benitez and force the decision to SCOTUS to drag it out another couple years, probably hoping Thomas or another conservative will die.

6 posted on 10/19/2023 3:18:20 PM PDT by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
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To: CFW

“the legislature hoped to keep these modern weapons out of the hands of mass shooters”

False.

The legislature hoped to keep these modern weapons out of the hands of law abiding citizens.


7 posted on 10/19/2023 3:20:33 PM PDT by lowbridge ("Let’s check with Senator Schumer before we run it" - NY Times)
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To: CFW
The Gay State (Massachusetts) is just about to enact an essentially identical law. I guess the state legislature and the Governor learned nothing from “Caetano v Massachusetts” a few years ago. SCOTUS slapped down the state legislature,and Supreme Court,in a 9-0 decision ruling that Caetano’s 2nd Amendment rights were violated by the law under which she was prosecuted.
10 posted on 10/19/2023 3:28:32 PM PDT by Gay State Conservative (Two Words: Banana Republic)
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To: CFW

Now we await the 7th circuit’s decision on the filthy Pritzker’s outrageous ban.


11 posted on 10/19/2023 3:29:17 PM PDT by Bonemaker (invictus maneo)
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To: CFW

I always say to the Democrats that voting is a right and so is owning a firearm.

And applying their beloved 14th Amendment it should be no harder to vote than it is to buy a firearm.

Meaning I want the same strictures on voting that are applied to buying and owning firearms.


15 posted on 10/19/2023 3:45:30 PM PDT by MeganC (There is nothing feminine about feminism. )
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To: CFW

Any specifics? Does this ruling eliminate the fixed magazine requirement and the previous “bullet button” requirement?


16 posted on 10/19/2023 3:52:08 PM PDT by monkeyshine (live and let live is dead)
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To: CFW

Several years back the Cali ban was put on hold. Magpul then shipped thousands of magazines to California in cardboard boxes that looked like they were giving California the “finger”. Maybe they will do it again.
https://encrypted-tbn0.gstatic.com/images?q=tbn:ANd9GcSIGc3B6QXzG45nMDl6eTjgKjK1hNiXfgBSyhBAoGYbUpR5IE3Cqh2L6c_D-vFhd3gfesM&usqp=CAU


18 posted on 10/19/2023 4:07:45 PM PDT by Ruy Dias de Bivar (Gaza delenda est)
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To: CFW; mylife; Joe Brower; MaxMax; Randy Larsen; waterhill; Envisioning; AZ .44 MAG; umgud; ...

RKBA Ping List


This Ping List is for all news pertaining to infringes upon or victories for the 2nd Amendment.

FReepmail me if you want to be added to or deleted from this Ping List.

More 2nd Amendment related articles on FR's Bang List.

21 posted on 10/19/2023 4:24:12 PM PDT by PROCON (Sic Semper Tyrannis)
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To: CFW
10-19 Decision
25 posted on 10/19/2023 5:04:32 PM PDT by Gay State Conservative (Two Words: Banana Republic)
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To: CFW

But they look really scary to children...


29 posted on 10/19/2023 6:19:53 PM PDT by eyeamok
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To: CFW
Someone downthread posted a direct link to the decision itself, which is an excellent read.

What I'd like to point out is a quote by the judge...

United States v. Miller held that sawed-off shotguns were not protected because there was no evidence that they were useful for military purposes.32 The obvious corollary was that weapons that could be useful for military purposes would be protected by the Second Amendment. It would be a mistake to think Heller and Miller are inconsistent.

This is the most clear reading I have ever seen in a legal opinion of the Miller decision. Almost everyone misses the point of the whole "absent any evidence" bit of the Miller decision. What it basically means, is that if the court had been informed that sawed off shotguns had been used during WWI in trench warfare, the decision would absolutely have gone the other way.

Almost everyone misses this.

God Bless This Judge

36 posted on 10/20/2023 1:47:46 PM PDT by zeugma (Stop deluding yourself that America is still a free country.)
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To: CFW

One honest judge !


40 posted on 10/21/2023 1:00:11 PM PDT by faithhopecharity (“Politicians are not born. They're excreted.” Marcus Tillius Cicero (106 to 43 BCE))
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