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Posted on 10/19/2023 3:10:46 PM PDT by CFW
U.S. District Judge Roger Benitez delivered another scathing rebuke to the state of California on Thursday, just weeks after declaring the state’s ban on “large capacity” magazines unconstitutional. This time around it was the state’s ban on “assault weapons” that was before the judge, in a case known as Miller v. Bonta. Benitez was unsparing in his criticism of the law, which he says bars ordinary Californians from possessing commonly-owned arms that are protected by the language of the Second Amendment.
Modern semiautomatic rifles like the AR-15 platform rifle are widely owned by law-abiding citizens across the nation. Other than their looks (the State calls them “features” or “accessories”) these prohibited rifles are virtually the same as other lawfully possessed rifles. They have the same minimum overall length, they use the same triggers, they have the same barrels, and they can fire the same ammunition, from the same magazines, at the same rate of fire, and at the same velocities, as other rifles. What is it, then, that animates the State’s criminalization of possessing certain rifles as “assault weapons”? It is that similar rifles have been used in some mass shootings and that by virtue of this law, the legislature hoped to keep these modern weapons out of the hands of mass shooters. The California legislature, at a time in the past when the lower courts did not recognize an individual’s right to keep firearms and in a state that has no constitutional analogue to the Second Amendment, balanced that interest above and against its law-abiding citizens who wanted these firearms for self-defense.....
(excerpt of the judge's ruling continued at link)
(Excerpt) Read more at bearingarms.com ...
This Ping List is for all news pertaining to infringes upon or victories for the 2nd Amendment.
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C’mon, Man!
Math is hard!
Now we await the full SCOTUS overturn of most if not all state gun bans
I see what you did there.
“NYC Home Invasion Proof That Ten Rounds Isn’t Always Enough”
Another story about the importance of firearms and the fact that ten rounds isn’t always enough.
Only if we can overcome the cheating of the Democrat Party in the next election
Yes, but the ruling has already been appealed to the Ninth Circuit.
The Ninth circuit has been hostile to the Second Amendment for decades.
But they look really scary to children...
It is totally disgusting to know Leftists delay and play around laws to destroy our Constitution using political hacks in our courts, including our Supreme Court. Playing with our founding document for political and personal gain is horrendous.
The Leftists have learned a lot. They are going to pass these laws and arrest and prosecute people over and over again, making them pay, go bankrupt, or fold, while defending themselves and making the USSC revisit the same case over and over again.
The politicians get no blow-back nor do they suffer any repercussions for defying the USSC. They keep getting reelected and they keep feeding at the government trough while also getting paid under the table, all the while sending a message to us that they are now our rulers, not our employees.
+1 000 000
Yes indeed!
Again he idiot lawmakers can’t decipher “shall not be infringed”.
No. They know what it means. They don’t care
No. They know what it means. They don’t care
What I'd like to point out is a quote by the judge...
United States v. Miller held that sawed-off shotguns were not protected because there was no evidence that they were useful for military purposes.32 The obvious corollary was that weapons that could be useful for military purposes would be protected by the Second Amendment. It would be a mistake to think Heller and Miller are inconsistent.
This is the most clear reading I have ever seen in a legal opinion of the Miller decision. Almost everyone misses the point of the whole "absent any evidence" bit of the Miller decision. What it basically means, is that if the court had been informed that sawed off shotguns had been used during WWI in trench warfare, the decision would absolutely have gone the other way.
Almost everyone misses this.
God Bless This Judge
Thanks for posting a link to the decision itself. That's a keeper.
Saw this one just the other day.
https://youtu.be/g0zCvDTmKNo?si=dAeT2aQcrB66UluU
“God Bless This Judge”
This judge has an amazing grasp on the 2nd Amendment and the history of past rulings. I wish other judges were as well informed.
One honest judge !
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