Posted on 03/10/2024 6:11:13 AM PDT by marktwain
On February 28, 2024, the US District Judge for the Northern District of California granted summary judgment to three individuals whose Second Amendment rights were unconstitutionally violated by the State of California. The case began over five years ago.
On December 20, 2018, the case of Linton v Bonta (originally Linton v Becerra, the California AG at the time) was filed. Individual plaintiffs and several organizations, including Calguns, Firearms Policy Foundation, Madison Society Foundation, and SAF, sued the state of California for flagrantly denying the exercise of Second Amendment rights, the legal judgments of other states, the Full Faith and Credit clause of the Constitution, and the Fourteenth Amendment. From the lawsuit:
The question presented by this case is whether the State of California, through its chief law enforcement officers, can prevent current California residents who are not federally or otherwise prohibited from purchasing and possessing firearms if their previously-disqualifying offenses, which occurred in other states,have been vacated, and especially when their fundamental, individual rights have been fully restored to them by courts of competent jurisdiction in those respective states. Asked differently: In their zeal to prohibit as many citizens from owning firearms as possible, may this State, its chief law enforcement officer, and those responsible for the enforcement of California’s firearms laws and policies, ignore the judgments and pronouncements of the courts of other states because they do not prefer the policy outcome? The only honest,constitutionally-grounded answer to these questions must be a resounding ‘no’.
On March 5, 2021, the case was stayed and administratively closed because of pending adjudication of the Duncan v Becerra case. When the Supreme Court issued the decision in Bruen on June 22, 2022, the elaborate structure erected by the Ninth Circuit to gut the Second Amendment was abolished.
(Excerpt) Read more at ammoland.com ...
So how does the deep state ruin the life of this judge and everyone who knows him?
"California Violated the Constitution AGAIN by Disarming Individuals Based on Vacated Offenses"
FR: Never Accept the Premise of Your Opponent’s Argument
Anti-Constitutional republic activist states aren't the real problem concerning abridgment of constitutionally enumerated protections imo, 2nd Amendment-protected right to bear arms in this example. The real problem is that voters keep unthinkingly reelecting corrupt federal lawmakers who won't do their 14th Amendment duty to make laws to discourage state actors from abridging constitutionally enumerated protections.
Excerpted from 14A:
"Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States [emphasis added]; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
"Section 5: The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."
Again, post-17 Amendment ratification, constitutionally clueless voters are literally voting away their constitutional protections every time they reelect their beloved, celebrity crook congressional lawmakers who don't care about their constitutional protections.
“Cherish, therefore, the spirit of our people, and keep alive their attention. If once they become inattetive to the public affairs, you and I, and Congress and Assemblies, judges and governors, shall all become wolves [emphasis added]. It seems to be the law of our general nature.” - Thomas Jefferson (Letter to Edward Carrington January 16, 1787)
Misguided voters can sleep in the bed the “bed” that they've made for themselves by abusing their voting power by not knowing the Constitution before they vote imo.
There are a lot of instances of the government violating people’s constitutional rights but no one seems to be punished for it. It will only get worse until those violating people’s constitutional rights are put behind bars.
I do not see how a lifetime restriction on second amendment rights for a felony conviction, especially a non violent felony, squares with Bruen. And when you consider how many offenses are now considered to be a felony it seems to be even more egregious.
Judge Donato agrees with you.
The only thing that is going to slow HI, CA, IL, NY, NJ, MA et al down is for the new Trump DoJ to put them on required preclearance for any new gun regulations.
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