Skip to comments.St. Benitez rides again! Federal judge strikes down California magazine ban for a second time
Posted on 09/23/2023 8:57:39 AM PDT by CFW
It’s not the first time that U.S. District Judge Roger Benitez has determined that California’s ban on “large capacity” magazines violates the Second Amendment, but hopefully this time the decision will stick.
Benitez issued his first ruling before the Bruen decision was released last year, but the Ninth pulled its typical move and overruled him in an en banc review, sending the case to the Supreme Court. After Bruen, the Supreme Court granted cert and remanded the case back to the Ninth Circuit with instructions to reconsider in light of the text, history, and tradition test it laid out, but the Ninth decided instead to kick the case back to Benitez for a do-over; likely an attempt to keep Duncan v. Bonta away from a full SCOTUS review for as long as possible.
After today’s decision, I doubt the Ninth is going to be any more eager to get the case back to the Supreme Court in an expeditious manner, because it’s absolutely devastating to the gun control position......
You can read the full decision for yourself here, but attorney Kostas Moros of Michel & Associates did a great job of highlighting some of Benitez’s more blistering criticisms of the California law in question.
There’s no way I can do justice to Judge Benitez’s decision in a single blog post when every line he penned is a smackdown to the state’s proposition that they can turn citizens into criminals overnight simply for possessing magazines that are in common use for a variety of lawful purposes. Benitez’s footnotes are chock-full of defensive gun uses and armed citizens who fired more than ten rounds in defense of themselves and others, exposing the hollowness of Bonta’s position that only magazines with a capacity limited to ten are “suitable” for we the people.
(Excerpt) Read more at bearingarms.com ...
So, a short-term victory while we continue to lose the war?
I’m not picky. I would be “wellsuited” with a Barrett 50 and its standard 10-round magazine.
a victory- small but still a victory- hope it holds-
Maybe we need a Three Strikes and your out law for Judges, overturned the third time and your are removed from the bench, any professional license permanently rescinded.
That’s a pretty good idea.
It may feel that way, but the 9th Circuit in the past month threw out Hawaii's categorical ban on the possession of butterfly knives so don't assume that it will go against the citizens of California. Bruen is having a major impact and it will take a few years for things to settle out in the courts.
This past year, we've had some major victories. Circuit courts have ruled that 18 to 20 year olds have a right to arms, ruled that bump stocks are not machine guns and cannot be banned, that so called "ghost guns" or home made guns are protected, that domestic orders cannot be used to strip gun rights plus a ton of district court wins.
We are well on our way toward establishing that "shall not be infringed" means what it says.
“So, a short-term victory while we continue to lose the war?”
I don’t think that’s quite right. In the short term, nothing changes, so not even a short term victory.
In the long term, if this case can make it to the supreme court before Dems pack it, it could turn into a long term victory. Expect California, Bonta, and the 9th to slow walk this.
Nonetheless, it is a positive.
Will it apply in WA state ?
“Will it apply in WA state ?
I’m not sure if anything applies in WA-state. Or Oregon. Those two states seem to ignore any Court opinion that is not to their liking.
Until there is personal punishment and repercussions for those politicians who insist on violating Constitutional rights, they will continue on their current path as the tax payers will pick up the costs. They know that eventually a judge will rule in their favor. Especially since progressive Governors and Presidents now appoint judges based upon their activism rather than their adherence to the Constitution.
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