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To: walkingdead
Anyone know where the 120 page ruling is? His write up on the magazine ban was epic. He is a true constitutional loving judge.

If you see this online let me know please. Also, do you have a link to the mag ban decision?

60 posted on 04/24/2020 8:18:03 AM PDT by zeugma (Stop deluding yourself that America is still a free country.)
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To: zeugma

Have not found the new decision, but here is the one on the magazine ban in CA. This judge knows his constitution. If you read this all (and it is well worth the read) you will find that he is hinting towards the fact that not only is the magazine ban illegal, but that most of the weapons bans are.

https://d3uwh8jpzww49g.cloudfront.net/sharedmedia/1510684/2064261_2019-03-29-order-granting-plaintiffs_-msj.pdf

Some quotes from the above ruling:

“Today, self-protection is most important. In the future, the common defense may
once again be most important. Constitutional rights stand through time holding fast
through the ebb and flow of current controversy. Needing a solution to a current law
enforcement difficulty cannot be justification for ignoring the Bill of Rights as bad
policy. Bad political ideas cannot be stopped by criminalizing bad political speech.
Crime waves cannot be broken with warrantless searches and unreasonable seizures.
Neither can the government response to a few mad men with guns and ammunition be a
law that turns millions of responsible, law-abiding people trying to protect themselves
into criminals. Yet, this is the effect of California’s large-capacity magazine law.”

In Heller, the U.S. Supreme Court provided a simple Second Amendment test in
crystal clear language. It is a test that anyone can understand. The right to keep and bear
arms is a right enjoyed by law-abiding citizens to have arms that are not unusual “in
common use” “for lawful purposes like self-defense.”.....
It is a
hardware test. Is the firearm hardware commonly owned? Is the hardware commonly
owned by law-abiding citizens? Is the hardware owned by those citizens for lawful
purposes? If the answers are “yes,” the test is over. The hardware is protected.

Neither magazines, nor rounds of ammunition, nor triggers, nor barrels are
specifically mentioned in the Second Amendment. Neither are they mentioned in Heller.
But without a right to keep and bear triggers, or barrels, or ammunition and the
magazines that hold ammunition, the Second Amendment right would be meaningless.

Under the simple test of Heller, California’s § 32310 directly infringes Second
Amendment rights. It directly infringes by broadly prohibiting common firearms and
their common magazines holding more than 10 rounds, because they are not unusual and
are commonly used by responsible, law-abiding citizens for lawful purposes such as self-
defense. And “that is all that is needed for citizens to have a right under the Second
Amendment to keep such weapons.”


61 posted on 04/24/2020 9:53:06 AM PDT by walkingdead (By the time you realize this is not worth reading, it will be too late....)
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To: zeugma; walkingdead

The case name is: Rhode v. Becerra

I searched the Federal District Court website. They don’t post their decisions. Hopefully, the Plaintiff, https://crpa.org/ will post the decision one of these days.


62 posted on 04/24/2020 10:02:29 AM PDT by aimhigh (THIS is His commandment . . . . 1 John 3:23)
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