CA ammo law enjoined on a PI

wolfwood · Apr 23, 2020

CA ammo law enjoined. I have not read this yet as its 120 pages I'll edit and update later in the day
https://pdfhost.io/v/p3nFQxMjZ_Rhode_Preliminary_Injunction_Order_ammo_banpdf.pdf

danb · Apr 23, 2020

GolfR · Apr 23, 2020

Awesome! Too bad it took years to come to the conclusion that this was a terrible unconstitutional law. It’s interesting that CA now has active and acknowledged fights against both their dumb Ammo laws and their magazine bans. Here’s to hoping the good guys have success fighting their carry laws too!

There is one really big downside for those in CA. This happened in the middle of an existing Ammo rush so they are going to have to pay top dollar to get online bulk Ammo.

GTOGUNNER · Apr 23, 2020

I like the way it starts,

"The experiment has been tried. The casualties have been counted.
California’s new ammunition background check law misfires
and the Second Amendment rights of California
citizens have been gravely injured."

TI-tick · Apr 23, 2020

Saint Benitez smacks Becerra with the 2A again!

Stoveman · Apr 23, 2020

To use the vernacular of the street - This MF spittin'!

delaware_export · Apr 23, 2020

Experiment....

Iirc that was one of the points on the San Diego permit case too.

Experimental rights.

krucam · Apr 23, 2020

The explanation of the ammo purchase experience made my head spin...

smkranz · Apr 23, 2020

Judge was born in Havana, Cuba. Appointed to the bench by GWB. He seems to have an intense animosity to totalitarianism, which I also knew in a law school classmate whose dad had escaped from Cuba with his family.

"Law-abiding citizens are imbued with the unalienable right to keep and bear firearms along with the ammunition to make their firearms work. That a majority today may wish it were otherwise, does not change the Constitutional right. It never has. California has tried its unprecedented experiment. The casualties suffered by law abiding citizens have been counted. Presently, California and many other states sit in isolation under pandemic-inspired stay-at-home orders. Schools, parks, beaches, and countless non-essential businesses are closed. Courts are limping by while police make arrests for only the more serious crimes. Maintaining Second Amendment rights are especially important in times like these. Keeping vigilant is necessary in both bad times and good, for if we let these rights lapse in the good times, they might never be recovered in time to resist the next appearance of criminals, terrorists, or tyrants."

GTOGUNNER · Apr 23, 2020

Page 50

Second Amendment Tests
i.
The tripartite binary test
with a sliding scale and a
reasonable fit For a Second Amendment challenge, the Ninth Circuit uses what might be
called a tripartite binary test with a sliding scale and a reasonable fit.
There are
three different two-part tests, after which
a point on the sliding scale of scrutiny is selected. Most courts select intermediate scrutiny in the end. Intermediate scrutiny, in turn, looks for a“
reasonable fit."

Kharn · Apr 23, 2020

"Keeping vigilant is necessary in both bad times and good, for if we let these rights lapse in the good times, they might never be recovered in time to resist the next appearance of criminals, terrorists, or tyrants."

I think Benitez needs a promotion to the 9th Circuit with that logic.

Wiley · Apr 23, 2020

Truly a pleasure to read. No phony logic - none.

delaware_export · Apr 23, 2020

Using “common sense” laws, .gov can run roughshod over constitutional rights. For example Japanese internment camps. P61.

Yeah baby! Go there!

PowPow · Apr 23, 2020

I'm not thrilled about this one. People will stop there and say, "look at this". We can infringe.

Page 6:

"Of course, the right to keep and bear arms is not unlimited. Some laws imposing conditions and qualifications on the commercial sale of guns and ammunition do not infringe on Second Amendment rights. One example of a permissible regulation is a law requiring stores to display ammunition beyond the reach of customers."

GTOGUNNER · Apr 23, 2020

Most of that is directly from Heller.

rockstarr · Apr 23, 2020

Good bye to what’s left of the ammo out there lol

HaveBlue · Apr 23, 2020

How can the same people who believe Voter ID laws are racist defend this sort of law with a straight face? It shouldn’t shock me but I’m not numb to it yet.

Stoveman · Apr 23, 2020

I'm partial to the 2A is not a loophole.

motorcoachdoug · Apr 24, 2020

It is very well written and his honor did a very good job in explaining why the granted the PI as well. This is a major smack down of the states peepee and i think to the states AG and gov who are both very rabid anti 2a people as well. This case will be very interesting to watch down the road.

2nd=Good+Substantial · Apr 24, 2020

I just skimmed it but it did seem to be well written. Hopefully, it can be used in future cases.

CA ammo law enjoined on a PI

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