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 ...
We had our chance to shore up the Second Amendment on the federal level. Instead we got a bumpstock ban.
8mm Mauser is quite a potent round if loaded to max standards.
OMG! You mean you’ve not had a Tragic Boating Accident yet?
Kavanaugh and Gorsuch shored up the 2nd Amendment at the Federal level.
The problem is that I am not sure about Roberts. He appears to relish being the new Kennedy.
Kennedy was responsible for the dicta in Heller that has caused this mess. Kavanaugh is far better on the 2nd that Kennedy was. NYSPRA has the chance to fix the Heller dicta, but we can’t be confident with Roberts.
That would be nice, but he has to preemptively destroy every conceivable argument against that.
That is wonderful! It bodes well for rolling back Colorado’s mag limit law without having to fight the commie CO legislature.
If you’re patient and know what you’re doing, you can cause a lot more damage with the 5-round 8mm Mauser than someone with an AR-15 and a backpack full of 30-round mags.
Maybe the judge should have invalidated all the 10 rounds limits nationwide immediately.
Thank you, thank you. This affects me here in California.
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.
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You mean the type that Bush League Republicans like Flimsey Grahamnesty want to make federal?
The 9th will get a crack at this eventually. Freaking wonderful.
A gift who keeps on giving it seems.
The 9th already upheld Benitez’s suspension of the law. Strong support for their holding of this decision.
I have no use for 30 round mags other than suppressive fire, but a Hakim with a 30 round box is a work out, and I hate that long box.
This already happened awhile back, again? They don’t listen?
8MM Mauser is one hell of a weapon. The only thing better is a Mark 4 .303 or an O3 A3 30.06.
A big win.
I’m actually fond of the BM-8-48. Just can’t carry one around, but can load a bunch onto my Studebaker.
My guess is that since Oregon is within the jurisdictional area of the 9th District, similar bans are now unconstitutional in the states in the 9th district that have enacted them.
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