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Breaking! Federal Court Finds California Magazine Ban Violates the Second Amendment
nraila.org ^ | March 29, 2019

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 California’s 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 law’s enforcement should be suspended during proceedings on its constitutionality. Last July, a three judge panel of the Ninth Circuit upheld Judge Benitez’s 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 California’s 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 ...


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events; US: California
KEYWORDS: 2ndamendment; banglist; ca; california; magazines; magban; secondamendment
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“Individual liberty and freedom are not outmoded concepts,” he {Judge Benitez} declared.

An important victory in the ongoing war against our Constitution.

1 posted on 03/29/2019 5:21:23 PM PDT by PROCON
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To: mylife; Joe Brower; MaxMax; Randy Larsen; waterhill; Envisioning; AZ .44 MAG; umgud; ...

RKBA Ping List


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

FReepmail me if you want to be added to or deleted from the list.

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

2 posted on 03/29/2019 5:21:58 PM PDT by PROCON ('Progressive' is a Euphemism for Totalitarian)
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To: PROCON

YEssssss...!!!


3 posted on 03/29/2019 5:22:47 PM PDT by gaijin
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To: PROCON

Excellent news.

They’ll go around it somehow. It’s California donsha know...


4 posted on 03/29/2019 5:25:26 PM PDT by DoughtyOne
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To: gaijin

I hope this goes all the way up, and they’re nuked nationwide.


5 posted on 03/29/2019 5:25:32 PM PDT by RandallFlagg (Fact: Gun control laws kill innocents.)
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To: PROCON

Outstanding!


6 posted on 03/29/2019 5:26:19 PM PDT by jazusamo (Have You Donated to Keep Free Republic Up and Running?)
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To: PROCON

Gives me a little more faith in our judiciary.


7 posted on 03/29/2019 5:28:03 PM PDT by Steve Van Doorn (*in my best Eric Cartman voice* 'I love you, guys')
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To: PROCON

You mean I cant have more that 5 rounds of 8mm Mauser?


8 posted on 03/29/2019 5:28:10 PM PDT by mylife (The Roar Of The Masses Could Be Farts)
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To: PROCON

G.W. Bush appointed judge.


9 posted on 03/29/2019 5:28:17 PM PDT by House Atreides (Boycott the NFL 100% — PERMANENTLY)
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To: PROCON

>
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...


10 posted on 03/29/2019 5:30:06 PM PDT by i_robot73 (One could not count the number of *solutions*, if only govt followed\enforced the Constitution.)
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To: PROCON

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.


11 posted on 03/29/2019 5:30:28 PM PDT by ETCM
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To: jazusamo

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.


12 posted on 03/29/2019 5:32:08 PM PDT by PROCON ('Progressive' is a Euphemism for Totalitarian)
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To: ETCS

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.


13 posted on 03/29/2019 5:33:11 PM PDT by ETCM
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To: DoughtyOne
Excellent news.

Yes.

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.

14 posted on 03/29/2019 5:34:12 PM PDT by flamberge
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To: PROCON; OnlyLiberalHere

[ Breaking! Federal Court Finds California Magazine Ban Violates the Second Amendment ]

Liberals be all like -——> :o


15 posted on 03/29/2019 5:34:35 PM PDT by SaveFerris (Luke 17:28 ... as it was in the days of Lot; they did eat, they drank, they bought, they sold ......)
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To: RandallFlagg

I hope this goes all the way up, and they’re 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.


16 posted on 03/29/2019 5:36:13 PM PDT by heshtesh
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To: PROCON
should send a message to Sideshow Bob Ferguson, (and the Oregon AG)

My thoughts also. It may well send a message across the country, I pray it does.

17 posted on 03/29/2019 5:37:53 PM PDT by jazusamo (Have You Donated to Keep Free Republic Up and Running?)
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To: PROCON

Maybe some federal courts are actually worth something.


18 posted on 03/29/2019 5:38:14 PM PDT by Innovative
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To: PROCON

Reversed by Ninth Circuit in 3... 2... 1. Then on to SCOTUS.


19 posted on 03/29/2019 5:40:05 PM PDT by Repeal 16-17 (Let me know when the Shooting starts.)
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To: PROCON

I commonly possess lots of things


20 posted on 03/29/2019 5:42:07 PM PDT by mylife (The Roar Of The Masses Could Be Farts)
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