Posted on 04/19/2019 1:46:02 PM PDT by marktwain
On 29 March, 2019, Judge Roger T. Benitez granted a motion for summary judgement against California Attorney General Xavier Becerra in the case of Duncan v. Becerra.
California's Byzantine regulations and bans on firearms magazines of over 10 round capacity were ruled unconstitutional under the Second and Fourteenth Amendments of the United States Constitution.
I have read the decision by Judge Benitez. It is well worth reading. At 86 pages, many will not take the time and energy to read the densely argued document.
Below, I have transcribed my choice of the jewels of this masterfully reasoned and written order. The selections are my own; others may disagree. They are in order, as found in the court document. I list the pages as an aid to others. Many will recognize the cogent arguments put forward by the Honorable Roger T. Benitez. They have been made by Second Amendment supporters for decades.
Judge Benitez first shows how the California magazine ban fails the simple and obvious test of constitutionality under the Heller decision.
Page 1: Individual liberty and freedom are not out moded concepts.“The judiciary is –and is often the only –protector of individual rights that are at the heart of our democracy.” –Senator Ted Kennedy, Senate Hearing on the Nomination of Robert Bork, 1987.
(Excerpt) Read more at ammoland.com ...
The decision was a veritable diamond mine of jewels, but it will be years before those jewels will reveal their true value.
Lol - I wasn’t thinking and read the headline wondering if this was about Playboy or something
Anything MORE than a 10-round magazine for handguns is STILL ILLEGAL in California.
Click The Graphic & Text
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Why a week later did he reverse his decision? What transpired? How long will it take to resolve this Duncan v Bacerra?
bkmk
Today, of all days: April 19th, is a day to celebrate the bearing of arms by the citizens. The excerpts are gems and the 2nd one on pg 62 is historically timely on tge anniversary of Lexington and Concord. Also sweet that he used a quote from The Swimmer. I set Teddy’s speed at 3600 rpm for that one.
Here is an explanation of why Judge Benitez issued the Stay against his decision.
https://www.ammoland.com/2019/04/california-judge-issued-stay-on-magazine-ban-to-protect-gun-owners/
Thanks
Wow. Go to the link and read it. Outstanding.
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