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 ...
sorry for screwing up the title. I’m a little bit giddy right now. hehehe hohoho
The Ninth will overturn this and the Supremes will not review it. Just my jaded opinion.
Believe it or not, the 9th Circuit has also been friendly to the 2nd Amendment.
In CA, going to a store or filling your carb with gas IS battle.
A George W Bush appointment. Cool.
I searched for my article before posting and looked through the 2A list for similar articles.
Pres. W Bush was right in nominating this gentleman.
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.
Wow...Finally a judge that tells it like it is.
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.
Jaw dropping, isn’t it? I’m a little bit stunned.
Hopefully Trump’s nominees will get the ball into the end zone. It seems like this just moved us into touchdown territory.
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.
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.
“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.
Bump for later.
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.
BTT
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