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Posted on 07/27/2023 4:41:31 AM PDT by marktwain
On July 18th, 2023, Judge Roger T. Benitez heard statements from opposing attorneys on the former Rhode v Becerra, now Rhode v. Bonta lawsuit. There were no objections to combining the hearing on the preliminary injunction with the trial on the merits. This case was vacated by the Ninth Circuit Court of Appeals and sent back to Judge Benitez because of the Bruen decision at the Supreme Court.
The Rhodes v Bonta case deals with the Draconian restrictions which California enacted on the sale of ammunition within the state and on the importation of ammunition from other states into California. The law may be the most restrictive law dealing with the purchase of ammunition ever enacted in the United States. Judge Benitez knows he is in a hostile environment in the Ninth Circuit. Judge Benitez is being extremely careful and diligent in his approach. All sides know the case will be appealed to a three-judge panel of the Ninth Circuit, whatever the outcome. From michaellawyers.com, Docket text of the July 18, 2023 hearing:
Docket Text: Minute Entry for proceedings held before Judge Roger T. Benitez: Preliminary Injunction Hearing held on 7/17/2023. No objections were heard as to combining the preliminary injunction hearing with a trial on the merits. Within 30 days of today, Plaintiffs shall file a declaration(s) regarding their Article III standing. Within 30 days of today, Defendant shall name and file an expert report(s) or declaration(s) regarding the American history and tradition of background checks. Within 15 days thereafter, Plaintiffs shall decide whether to depose said expert(s), and within 30 days after deciding, Plaintiffs shall file a brief or expert declaration(s) in response. Additionally, within 30 days of today, Defendant shall file an updated declaration regarding ammunition purchaser background check acceptance/rejection rates and
(Excerpt) Read more at ammoland.com ...
Working hard.?? What is it, like twenty-seven words.?
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
“Born in Havana, Cuba.”
Good credentials for this. Cuban Americans, almost to the man, know what a Commie is from up close. And they know the only type of Good Commie.
Ping.
[[ He is known for his opinions striking down several California gun control laws]]
If only he were one of the 3 judge 9th circuit judges!
They just don’t stop do they? I see that there are plenty of gun and ammo links at Ammoland.
I think they mean he is,working hard to counter the bs the left is throwing at the wall in hopes of getting things to stick. But yeah, his answer every time should be “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.’ Only problem then will be the left throwing out more bs that citizens are not a “well regu.ated militia” but our Founding fathers made statements showing that ordinary citizens have an inalienable right to self defense, and do not need to be official militia soldiers to own guns. I have some excellent Founding father quotes ill list below
Yep. If/when this gets knocked down, as it should, count on the Cali leftist to just come up with another law. They never stop.
They are truly relentless- wish our party had 1/2 the tenacity that the left has when it comes to getting their own way
Gun Quotations of the Founding Fathers
“A free people ought not only to be armed, but disciplined...”
- George Washington, First Annual Address, to both House of Congress, January 8, 1790
“No free man shall ever be debarred the use of arms.”
- Thomas Jefferson, Virginia Constitution, Draft 1, 1776
“I prefer dangerous freedom over peaceful slavery.”
- Thomas Jefferson, letter to James Madison, January 30, 1787
“What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance. Let them take arms.”
- Thomas Jefferson, letter to James Madison, December 20, 1787
“The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes.... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.”
- Thomas Jefferson, Commonplace Book (quoting 18th century criminologist Cesare Beccaria), 1774-1776
“A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise and independence to the mind. Games played with the ball, and others of that nature, are too violent for the body and stamp no character on the mind. Let your gun therefore be your constant companion of your walks.” - Thomas Jefferson, letter to Peter Carr, August 19, 1785
“The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed.”
- Thomas Jefferson, letter to to John Cartwright, 5 June 1824
“On every occasion [of Constitutional interpretation] let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying [to force] what meaning may be squeezed out of the text, or invented against it, [instead let us] conform to the probable one in which it was passed.”
- Thomas Jefferson, letter to William Johnson, 12 June 1823
“They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.”
- Benjamin Franklin, Historical Review of Pennsylvania, 1759
“To disarm the people...[i]s the most effectual way to enslave them.”
- George Mason, referencing advice given to the British Parliament by Pennsylvania governor Sir William Keith, The Debates in the Several State Conventions on the Adooption of the Federal Constitution, June 14, 1788
“I ask who are the militia? They consist now of the whole people, except a few public officers.”
- George Mason, Address to the Virginia Ratifying Convention, June 4, 1788
“Before a standing army can rule, the people must be disarmed, as they are in almost every country in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops.”
- Noah Webster, An Examination of the Leading Principles of the Federal Constitution, October 10, 1787
“Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of.”
- James Madison, Federalist No. 46, January 29, 1788
“The right of the people to keep and bear arms shall not be infringed. A well regulated militia, composed of the body of the people, trained to arms, is the best and most natural defense of a free country.”
- James Madison, I Annals of Congress 434, June 8, 1789
“A militia when properly formed are in fact the people themselves…and include, according to the past and general usuage of the states, all men capable of bearing arms… “To preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them.”
- Richard Henry Lee, Federal Farmer No. 18, January 25, 1788
“Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined.... The great object is that every man be armed. Everyone who is able might have a gun.”
- Patrick Henry, Speech to the Virginia Ratifying Convention, June 5, 1778
“This may be considered as the true palladium of liberty.... The right of self defense is the first law of nature: in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.”
- St. George Tucker, Blackstone’s Commentaries on the Laws of England, 1803
” The balance ofpower is the scale of peace. The same balance would be preserved were all the world destitute of arms, for all would be alike; but since some will not, others dare not lay them aside. And while a single nation refuses to lay them down, it is proper that all should keep them up. Horrid mischief would ensue were one-half the world deprived of the use of them; for while avarice and ambition have a place in the heart of man, the weak will become a prey to the strong. The history of every age and nation establishes these truths, and facts need but little arguments when they prove themselves.”
- Thomas Paine, “Thoughts on Defensive War” in Pennsylvania Magazine, July 1775
“The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their own arms.”
- Samuel Adams, Massachusetts Ratifying Convention, 1788
“The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them.”
- Joseph Story, Commentaries on the Constitution of the United States, 1833
“What, Sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of liberty .... Whenever Governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins.”
- Rep. Elbridge Gerry of Massachusetts, I Annals of Congress 750, August 17, 1789
“For it is a truth, which the experience of ages has attested, that the people are always most in danger when the means of injuring their rights are in the possession of those of whom they entertain the least suspicion.”
- Alexander Hamilton, Federalist No. 25, December 21, 1787
“If the representatives of the people betray their constituents, there is then no resource left but in the exertion of that original right of self-defense which is paramount to all positive forms of government, and which against the usurpations of the national rulers, may be exerted with infinitely better prospect of success than against those of the rulers of an individual state. In a single state, if the persons intrusted with supreme power become usurpers, the different parcels, subdivisions, or districts of which it consists, having no distinct government in each, can take no regular measures for defense. The citizens must rush tumultuously to arms, without concert, without system, without resource; except in their courage and despair.”
- Alexander Hamilton, Federalist No. 28
https://www.buckeyefirearms.org/gun-quotations-founding-fathers
Ammo laws only get in the way of law-abiding citizens.
A would-be murderer is not going to be intimidated or stopped by an ammo law.
Arizona Picture ID
Bugs Capone
Phoenix Homeless Shelter
Phoenix, AZ
Registered to vote: 10/03/24
Working hard as in Judge Benitez issued a summary judgement against the state on large capacity magazines, and immediately opened up a two week window that allowed Californians to buy >10 round magazines before the 9th Circuit issued a stay.
Working hard as in Judge Benitez ruled against the state on online ammo sales until the 9th Circuit issued a stay on his order.
Working hard as in Judge Benitez ruled against the state's assault weapons ban until the 9th Circuit issued a stay.
Judge Benitez is the most pro-2A judge in California. Cut him some slack.
Here are some more excellent statements and rulings on our inalienable right, our God given right to own guns for any reason we choose
982 Senate report on the 2nd Amendment.
https://guncite.com/journals/senrpt/senrpt.html
“The conclusion is thus inescapable that the history, concept, and wording of the second amendment to the Constitution of the United States, as well as its interpretation by every major commentator and court in the first half-century after its ratification, indicates that what is protected is an individual right of a private citizen to own and carry firearms in a peaceful manner.”
19th century cases
16. * Wilson v. State, 33 Ark. 557, at 560, 34 Am. Rep. 52, at 54 (1878).
“If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the (p.17)penitentiary and gallows, and not by a general deprivation of constitutional privilege.”
17. * Jennings v. State, 5 Tex. Crim. App. 298, at 300-01 (1878).
“We believe that portion of the act which provides that, in case of conviction, the defendant shall forfeit to the county the weapon or weapons so found on or about his person is not within the scope of legislative authority. * * * One of his most sacred rights is that of having arms for his own defence and that of the State. This right is one of the surest safeguards of liberty and self-preservation.”
18. * Andrews v. State, 50 Tenn. 165, 8 Am. Rep. 8, at 17 (1871).
“The passage from Story (Joseph Story: Comments on the Constitution) shows clearly that this right was intended, as we have maintained in this opinion, and was guaranteed to and to be exercised and enjoyed by the citizen as such, and not by him as a soldier, or in defense solely of his political rights.”
19. * Nunn v. State, 1 Ga. (1 Kel.) 243, at 251 (1846).
“’The right of the people to bear arms shall not be infringed.’ The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State.”
And the SCOTUS case that led to the Civil War..
Paragraph 77 in the link below.
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0060_0393_ZO.html
Are Negros citizens...Dred Scott
“It would give to persons of the negro race, who are recognized as citizens in any one state of the Union, the right to enter every other state, whenever they pleased.... and it would give them full liberty of speech in public and in private upon all subjects upon which its own citizens might meet; to hold public meetings upon political affairs, and to KEEP AND CARRY ARMS wherever they went.”
Here we see proof that the Republicans had to overturn the lefts racially bigoted slavery ideology in order for minority groups to be allowed to be citizens of the US. You can bet the liberals opposed the law
“Anti-Israel and antisemitic terrorist organizations located in the Gaza Strip have fired tens of thousands of rockets and mortars at Israeli civilians over the last two decades.”
“Over the past year, Israel has experienced one of its deadliest periods of terrorist violence in Israel since the Second Intifada in the early 2000s. 19 Israelis have been murdered so far this year by Palestinian terrorists – over half the number killed in terror attacks in all of 2022.”
https://www.ajc.org/news/what-to-know-about-the-gaza-strip-terrorist-rocket-attacks-and-more
Israel has been trying to stop terrorists for decades.
“..They are truly relentless...”
They absolutely have to be because they know that in the end, it will be to their total demise IF they don’t succeed in disarming the “unwashed masses”. They won’t be able to force their communist agenda on an armed public. They’re scared spitless of an armed public...and rightly so. There’s nothing new under the sun. The Founding Fathers knew exactly what they were dealing with and how to deal with it.
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.
Magazines FREEDOM week was a Joyess occasion!
I remember it Well.
I remember it also. Magpul and all of the big online stores were prioritizing shipments to California, and there are estimates that upwards of 1 million magazines were shipped during that time.
It was Wild !
Turners Sporting goods would receive box’s
and would just pen a price on a Box and set it out limiting to 2 at a time!
It was Fun but I felt the ANTI’s were
Outside watching...
I’m like that.
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