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Judge rules California's decades-old assault weapon ban violates Second Amendment
Fox News ^ | Brie Stimson

Posted on 06/05/2021 7:07:02 AM PDT by RC one

A federal judge in San Diego on Friday overturned California’s three-decade ban on assault weapons, saying it violates the Second Amendment.

"Under no level of heightened scrutiny can the law survive," U.S. District Judge Roger Benitez said before issuing a permanent injunction that takes effect in 30 days.

Benitez argued the state’s definition of illegal military-style rifles bans firearms allowed in other states, depriving California gun owners of their rights.

He compared the AR-15 rifle to a Swiss Army knife, saying it’s "a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle."

(Excerpt) Read more at foxnews.com ...


TOPICS: US: California
KEYWORDS: 2ndamendment; 4ththread; 5pt56; 9thcircuit; ar15; banglist; benitez; braking; california; dubyajudge; giddy; guncontrol; guns; ninthcircuit; pennsylvania; pt223; rogerbenitez; rogertbenitez; sdcalifornia; secondamendent; secondamendment; yesterday
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Did you feel that? It feels like... millions of liberal heads exploding all over the country.
1 posted on 06/05/2021 7:07:02 AM PDT by RC one
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To: RC one

sorry for screwing up the title. I’m a little bit giddy right now. hehehe hohoho


2 posted on 06/05/2021 7:08:52 AM PDT by RC one (When a bunch of commies start telling you that you don't need an AR15, you really need an AR15)
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To: RC one
A federal judge in San Diego on Friday overturned California’s three-decade ban on assault weapons, saying it violates the Second Amendment.

The Ninth will overturn this and the Supremes will not review it. Just my jaded opinion.

3 posted on 06/05/2021 7:11:03 AM PDT by itsahoot (Many Republicans are secretly Democrats, no Democrats are secretly Republicans. Bongino says.)
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To: RC one

https://freerepublic.com/focus/f-news/3965148/posts


4 posted on 06/05/2021 7:12:36 AM PDT by ButThreeLeftsDo (The best things in life aren't things.)
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To: RC one

Believe it or not, the 9th Circuit has also been friendly to the 2nd Amendment.


5 posted on 06/05/2021 7:13:59 AM PDT by Mariner (War Criminal #18)
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To: RC one

In CA, going to a store or filling your carb with gas IS battle.


6 posted on 06/05/2021 7:14:00 AM PDT by bigbob
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To: RC one

A George W Bush appointment. Cool.


7 posted on 06/05/2021 7:14:07 AM PDT by duckman ( Not tired of winning!)
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To: ButThreeLeftsDo

I searched for my article before posting and looked through the 2A list for similar articles.


8 posted on 06/05/2021 7:14:28 AM PDT by RC one (When a bunch of commies start telling you that you don't need an AR15, you really need an AR15)
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To: RC one

Pres. W Bush was right in nominating this gentleman.


9 posted on 06/05/2021 7:14:46 AM PDT by skr (May God confound the enemy)
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To: Mariner
Judge Kazinski, despite being a liberal, was very 2A friendly but he passed. his quote on how the 2A is a doomsday provision is epic and should be read by anyone that thinks "only soldiers need guns like that".

All too many of the other great tragedies of history — Stalin’s atrocities, the killing fields of Cambodia, the Holocaust, to name but a few — were perpetrated by armed troops against unarmed populations. Many could well have been avoided or mitigated, had the perpetrators known their intended victims were equipped with a rifle and twenty bullets apiece, as the Militia Act required here. See Kleinfeld Dissent at 578-579. If a few hundred Jewish fighters in the Warsaw Ghetto could hold off the Wehrmacht for almost a month with only a handful of weapons, six million Jews armed with rifles could not so easily have been herded into cattle cars.

My excellent colleagues have forgotten these bitter lessons of history. The prospect of tyranny may not grab the headlines the way vivid stories of gun crime routinely do. But few saw the Third Reich coming until it was too late. The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed — where the government refuses to stand for reelection and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees. However improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once.

10 posted on 06/05/2021 7:18:35 AM PDT by RC one (When a bunch of commies start telling you that you don't need an AR15, you really need an AR15)
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To: RC one

Wow...Finally a judge that tells it like it is.


11 posted on 06/05/2021 7:19:27 AM PDT by Sacajaweau
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To: itsahoot

Maybe but this isn’t a loss, it’s a win and it moves the ball down the field. It’s movement in the RIGHT direction.


12 posted on 06/05/2021 7:20:08 AM PDT by RC one (When a bunch of commies start telling you that you don't need an AR15, you really need an AR15)
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To: Sacajaweau

Jaw dropping, isn’t it? I’m a little bit stunned.


13 posted on 06/05/2021 7:21:04 AM PDT by RC one (When a bunch of commies start telling you that you don't need an AR15, you really need an AR15)
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To: skr

Hopefully Trump’s nominees will get the ball into the end zone. It seems like this just moved us into touchdown territory.


14 posted on 06/05/2021 7:23:17 AM PDT by RC one (When a bunch of commies start telling you that you don't need an AR15, you really need an AR15)
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To: RC one

He wrote the opinion to be overturned by the 9th, and then brought to the Supreme Court. He did this knowing that, while the Court may not be as hard-right (i.e., pro-America) as it certainly should be, it will soon be much further left.

So good plan, or at least the best we can hope for.


15 posted on 06/05/2021 7:25:20 AM PDT by BobL (I shop at Walmart and eat at McDonald's, I just don't tell anyone, like most here.)
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To: RC one

That is a very powerful statement because it is true on all points.

1. Governments that pervert free and fair elections.

2. Governments who silence opposition and protest

3. Courts without courage

4. An executive that won’t enforce laws

When these fail, there are two options: run or fight.


16 posted on 06/05/2021 7:29:38 AM PDT by seowulf (Civilization begins with order, grows with liberty, and dies with chaos...Will Durant)
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To: RC one

“My excellent colleagues have forgotten these bitter lessons of history.”

With all due respect to his otherwise outstanding opinion, the Left have NOT forgotten these ‘bitter lessons of history’ (Poland, Cambodia, etc.), but rather they are using the fact that they were able to kill millions in the past to set up the US for the same end-game.


17 posted on 06/05/2021 7:30:35 AM PDT by BobL (I shop at Walmart and eat at McDonald's, I just don't tell anyone, like most here.)
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To: RC one

Bump for later.


18 posted on 06/05/2021 7:37:58 AM PDT by TheWriterTX (Trust not in earthly princes....)
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To: RC one

The Left will go as slow as they can on the appeal after getting a stay on this ruling. Then the Ninth Circuit will delay a decision so that it can’t reach the USSC before 2022 elections.

After Biden pardons 20 million illegals and forgives student loans to expand Dem majorities, he can pack the court to his heart’s content.

Even without packing the court, Dem intimidation will have its effect.

So, a pyric victory - and more screaming fundraiser emails from the NRA.


19 posted on 06/05/2021 7:39:33 AM PDT by FirstFlaBn
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To: RC one

BTT


20 posted on 06/05/2021 8:13:23 AM PDT by GailA (Constitution vs evil Treasonous political Apparatchiks, Constitutional Conservative.)
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