Posted on 06/29/2017 7:04:20 PM PDT by upchuck
A federal judge has temporarily blocked a voter-approved California law that would have forced gun owners to get rid of high-capacity ammunition magazines by this Saturday.
U.S. District Judge Roger Benitez, who is based in San Diego, issued a preliminary injuction Thursday that found the law was likely unconstitutional because it prevented people from using firearms that employed “whatever common magazine size he or she judges best suits the situation.” The law would have barred people from possessing magazines containing more than 10 bullets.
“The State of California’s desire to criminalize simple possession of a firearm magazine able to hold more than 10 rounds is precisely the type of policy choice that the Constitution takes off the table,” the injunction read.
Benitez added that “a final decision will take too long to offer relief, and because the statute will soon visit irrevocable harm on Plaintiffs and all those similarly situated a state-wide preliminary injunction is necessary and justified to maintain the status quo.”
The judge granted the request of attorneys from the National Rifle Association-affiliated California Rifle & Pistol Association to temporarily block the law.
(Excerpt) Read more at sacbee.com ...
9th Circuit will overturn on emergency appeal.....
A modest victor for Americans’ civil rights
Excellent! There’s at least one sane federal judge in CA.
Bkmk
Then it could go to the US SC.
I have added the Keyword:Banglist
You should have.
This stupid magazine ban violates the 2nd, 5th and 14th Amendments of the Constitution.
There may be hope for those Americans trapped in the communist states.
Amazing. A Federal Judge actually follows the Constitution in California. That is a first (or at least in a very long time).
Yes, he’s from San Diego!
Liberals love judges until one goes against their agenda..bet this guy is called every racist name in the book by the oh so tolerant left
Just like progressives moving into a Red state, the Mexican nationals moving into California are bringing their culture of disarmed subservience to the State with them.
I mean - they aren't allowed to have guns back home, so why should they have them in their new province of Northwestern Mexifornia?
...5, 4, 3, 2...
Exactly right. The Democrats have them on retainer!
Hope this goes to the Supreme Court and eventually works to overturn the ban in Colorado.
Judge Roger Benitez was borne in 1950 in Havana, Cuba. He was appointed to the Federal bench by President G. W. Bush in 2004. He’s considered a moderate.
Damn auto correct: borne should have been born.
Might as well criminalize ownership of all vehicles capable of exceeding the State's highest speed limit.....
Thank you. Sorry, I forgot.
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