Skip to comments.Breaking! Federal Court Finds California Magazine Ban Violates the Second Amendment
Posted on 03/29/2019 5:21:23 PM PDT by PROCON
In one of the strongest judicial statements in favor of the Second Amendment to date, Judge Roger T. Benitez of the U.S. District Court for the Southern District of California determined on Friday that Californias ban on commonly possessed firearm magazines violates the Second Amendment.
The case is Duncan v. Becerra.
The NRA-supported case had already been up to the U.S. Court of Appeals for the Ninth Circuit on the question of whether the laws enforcement should be suspended during proceedings on its constitutionality. Last July, a three judge panel of the Ninth Circuit upheld Judge Benitezs suspension of enforcement and sent the case back to him for further proceedings on the merits of the law itself.
Judge Benitez rendered his opinion late Friday afternoon and handed Second Amendment supporters a sweeping victory by completely invalidating Californias 10-round limit on magazine capacity. Individual liberty and freedom are not outmoded concepts, he declared.
In a scholarly and comprehensive opinion, Judge Benitez subjected the ban both to the constitutional analysis he argued was required by the U.S. Supreme Court in District of Columbia v. Heller and a more complicated and flexible test the Ninth Circuit has applied in prior Second Amendment cases.
(Excerpt) Read more at nraila.org ...
An important victory in the ongoing war against our Constitution.
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They’ll go around it somehow. It’s California donsha know...
I hope this goes all the way up, and they’re nuked nationwide.
Gives me a little more faith in our judiciary.
You mean I cant have more that 5 rounds of 8mm Mauser?
G.W. Bush appointed judge.
to the constitutional analysis he argued was required by the U.S. Supreme Court in District of Columbia v. Heller and a more complicated and flexible test the Ninth Circuit has applied in prior Second Amendment cases.
How ‘bout just vs. the simple, plain English of the 2nd (’...shall NOT be infringed.’) instead?
Glad the got the right conclusion, but if they only used the CORRECT path to get there...
Unfortunately, CA will appeal to the 9th Circus, who will reverse. Then some time in 2020 or 2021, SCOTUS will decline to hear the case and it will stand. Such is the typical path for 2A cases here in 9th Circus world.
Also this District Court ruling, although in SOCAL, should send a message to Sideshow Bob Ferguson, (and the Oregon AG), that similar magazine bans in those states too will be declared unconstitutional.
I should add, that at this point I don’t trust Wobbly Roberts. We need at least one more solid vote before we send any important 2A cases to SCOTUS.
And the repercussions should invalidate a similar law in Colorado..
Next we will need to overturn the newly fashionable laws regarding "Emergency Protective Orders" and confiscation of firearms with unsubstantiated charges, presumption of guilt and omission of any due process.
[ Breaking! Federal Court Finds California Magazine Ban Violates the Second Amendment ]
Liberals be all like -——> :o
I hope this goes all the way up, and theyre nuked nationwide.
Tell me about it, I live in NYS and my AR-15 sports like 4 or 5 felonies and it hasn’t even shot anyone.
My thoughts also. It may well send a message across the country, I pray it does.
Maybe some federal courts are actually worth something.
Reversed by Ninth Circuit in 3... 2... 1. Then on to SCOTUS.
I commonly possess lots of things
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