Posted on 03/29/2019 5:21:23 PM PDT by PROCON
Justice Thomas said the SC does not want to take 2nd Amendment cases, and said the court treats it as a "disfavored right."
Given how we know that Judas Roberts made "deals", literally in back rooms in order to save ObamaCare, I have no confidence in Roberts.
Here are the other states that un-Constitutionally have banned firearm magazines greater than 10 rounds:
- Connecticut
- Hawaii
- Maryland
- Massachusetts
- New Jersey
- New York
The decision From Judge Benitez came down today. The State has not had time to appeal or request an injunction unless it was an "emergency injuction". The 9th will stay the order and WILL overturn this.
Reading Judge Benitez' ruling, check out this outstanding statement:
This decision is a freedom calculus decided long ago by Colonists who cherished individual freedom more than the subservient security of a British ruler. The freedom they fought for was not free of cost then, and it is not free now.Imagine if we had Judges like this throughout the courts!
Correct.
Yep, that’s the problem. Hard to pack around if you are trying to cover a lot of ground. lol
I agree with your thoughts there.
Neither do I ... but that’s what the hoplophobes obsess over.
Good. How does this apply to other states?
9th circus in 3,......2,.......
It won't apply to all states until SCOTUS rules it so.
But in the interim, if the 9th Circuit court upholds it, it will apply to its jurisdictional area:
District of Alaska
District of Arizona
Central District of California
Eastern District of California
Northern District of California
Southern District of California<> District of Hawaii
District of Idaho
District of Montana
District of Nevada
District of Oregon
Eastern District of Washington
Western District of Washington
He says he is a good guy.
Do you think the 9th Circus will uphold the Judges ruling?
The ruling notes a couple of key things. One, magazines are “arms” and second the ruling states that this ban bans an “entire class of arms” which is unconstitutional.
They better be careful sending this up the chain, it gets to the sc and it is game over for all these gun grabbers.
Tough to say. It seems likely the three judge panel will uphold the permanent injunction.
I give it good odds the three judge panel will uphold the District Court verdict.
Then, what has been happening is the Ninth will authorize an en banc hearing. The en banc hearings have generally gone against the Second Amendment.
It may not happen this time, because President Trump is appointing some replacements for the Ninth.
I have not read the opinion, but have read it is a very good one.
I give it a slightly better than 50% chance of being upheld at the Ninth Circuit.
From the opinion
“Indeed, while some think guns cause violent crime, others think that wide-spread possession of guns on balance reduces violent crime. None of these policy arguments on either side affects what the Second Amendment says, that our Constitution protects ‘the right of the people to keep and bear Arms.’”
This really is a strong, well written opinion. We should all read it.
More from the opinion.
If a law-abiding, responsible citizen in California decides that a handgun or rifle with a magazine larger than 10 rounds is the best choice for defending her hearth and home, may the State deny the choice, declare the magazine a “nuisance,” and jail the citizen for the crime of possession? The Attorney General says that is what voters want in hopes of preventing a rare, but horrible, mass shooting. The plaintiffs, who are also citizens and residents of California, say that while the goal of preventing mass shootings is laudable, banning the acquisition and possession of magazines holding more than 10 rounds is an unconstitutional experiment that poorly fits the goal. From a public policy perspective, the choices are difficult and complicated. People may cede liberty to their government in exchange for the promise of safety. Or government may gain compliance from its people by forcibly disarming all.13 In the United States, the Second Amendment takes the legislative experiment off the table.14 Regardless of current popularity, neither a legislature nor voters may trench on constitutional rights. “An unconstitutional statute adopted by a dozen jurisdictions is no less unconstitutional by virtue of its popularity.”
Cal losing law suits. 2 down and 47 to go
Judge Roger T. Benitez, is a G.W. Bush appointee
Sorry for all the posts but this decision is just that good. Hopefully someone will appreciate. More from the opinion
Constitutional rights stand through time holding fast through the ebb and flow of current controversy. Needing a solution to a current law enforcement difficulty cannot be justification for ignoring the Bill of Rights as bad policy. Bad political ideas cannot be stopped by criminalizing bad political speech. Crime waves cannot be broken with warrantless searches and unreasonable seizures. Neither can the government response to a few mad men with guns and ammunition be a law that turns millions of responsible, law-abiding people trying to protect themselves into criminals. Yet, this is the effect of California’s large-capacity magazine law.
Good news.
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