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CA Magazine Ban
- Thread starter FLGA
- Start date
83 page opinion, but what I skimmed of it looks good.
The District Judge lays it out there plainly, and makes some great points:
* The 2A is a real right that governments must respect, even if today's generation thinks that it shouldn't be a right and today's politicians would make different "public policy" choices for the greater good. That's off the table. The Founding Fathers wrote it, it's not merely a law. It's a fundamental constitutional right, so it must be obeyed. Even if you don't like it!
* The right includes a wide range of guns and ammo and gun accessories like magazines, and not just the bare minimum type of weapons that are statistically likely to be sufficient for most people, in most circumstances, to defend themselves against a single attacker or home invader. The Second Amendment must include guns that are powerful enough and hold enough ammo to take on groups of home invaders, and really tough ones who keep pressing the attack even after being wounded a couple of times. 10 -round magazines are too low in capacity for those scenarios. Notice that COPS don't carry such limited magazines!
* Per the US Supreme Court, a gun that is in "common use" among the American people (or would be absent government interference with that right) is a gun that is covered by the 2A. Same for magazines. And 10-round mags are not ordinary or common. In many models of firearms, they're artificially low capacity, neutered by government order. Where larger capacity mags are legal, they're far more common and standard for the buying public.
I hope this is a real federal judge's opinion and not an early April Fool's prank!
The District Judge lays it out there plainly, and makes some great points:
* The 2A is a real right that governments must respect, even if today's generation thinks that it shouldn't be a right and today's politicians would make different "public policy" choices for the greater good. That's off the table. The Founding Fathers wrote it, it's not merely a law. It's a fundamental constitutional right, so it must be obeyed. Even if you don't like it!
* The right includes a wide range of guns and ammo and gun accessories like magazines, and not just the bare minimum type of weapons that are statistically likely to be sufficient for most people, in most circumstances, to defend themselves against a single attacker or home invader. The Second Amendment must include guns that are powerful enough and hold enough ammo to take on groups of home invaders, and really tough ones who keep pressing the attack even after being wounded a couple of times. 10 -round magazines are too low in capacity for those scenarios. Notice that COPS don't carry such limited magazines!
* Per the US Supreme Court, a gun that is in "common use" among the American people (or would be absent government interference with that right) is a gun that is covered by the 2A. Same for magazines. And 10-round mags are not ordinary or common. In many models of firearms, they're artificially low capacity, neutered by government order. Where larger capacity mags are legal, they're far more common and standard for the buying public.
I hope this is a real federal judge's opinion and not an early April Fool's prank!
Judge Benitez ruling. Will get appealed to CA9 and get overturned. If it survives, it will be heard en banc and get overturned like Peruta (carry case). It will need to go up to the SCOTUS.
You are potentially correct. This was an appeal by the state to stop an injunction from enforcement while the case is heard. The 9th said the injunction (IE mags are legal) should be decided only by the DC. This was the DC response.
In federal court, injunctions are only granted if there is a substantial likelihood the petitioner will prevail on the merits.
That may sound like a statement of the obvious, but in state courts, injunctions can be granted to maintain the status quo pending final resolution of the matter.
Most likely will get over turned (or blocked, whatever). If it doesn't they will simply retaliate by banning all semi auto guns, ammunition, or all of the above.
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Bet they sold a few already. Haha
