Breaking! Federal Court Finds California Magazine Ban Violates the Second Amendment

[teratos]

My favorite section is the smack down of the 36-year survey of mass shootings by Mother Jones magazine on page 52/53.

The judge eviscerated the State.

 

[Blacksmith101]

The judge eviscerated the State.

Repeatedly!
I thought where the judge called the state on claiming that other states had laws limiting magazine capacity when the laws referenced were actually bans on machine guns; probably caused some angst for California's lawyers. OUCH!

See page 29-33.

 

[Malachi.2.15]

Awesome opinion!!! I would highly recommend reading the whole thing. He even smacked down Kolbe:

"this Court is unpersuaded by Kolbe’s interpretation of Miller finding that weapons most useful for military service are not protected. The dissenting Kolbe judges persuasively pointed out that the approach turns Supreme Court precedent upside down."

 

[MigraineMan]

More awesomeness -

But describing as minor, the burden on responsible, law-abiding citizens who may not possess a 15-round magazine for self-defense because there are other arms permitted with 10 or fewer rounds, is like saying that when government closes a Mormon church it is a minor burden because next door there is a Baptist church or a Hindu temple. Indeed, Heller itself rejected this mode of reasoning: “It is no answer to say, as petitioners do, that it is permissible to ban the possession of handguns so long as the possession of other firearms (i.e., long guns) is allowed.” 554 U.S. at 629; see also Parker v. District of Columbia, 478 F.3d 370, 400 (D.C. Cir. 2007) (“The District contends that since it only bans one type of firearm, ‘residents still have access to hundreds more,’ and thus its prohibition does not implicate the Second Amendment because it does not threaten total disarmament. We think that argument frivolous. It could be similarly contended that all firearms may be banned so long as sabers were permitted.”)

 

[fidelity]

Although I jumped through the ruling a bit, there's clearly a great deal of work that goes into these decisions. The judge is a GWB appointee born in Havana, Cuba.

Tidbits not mentioned above, when the Judge discusses the Parkland shooting, he says 10-rd magazines were used. I didn't pick this up in prior reporting. I guess I assumed that the shooter used standard capacity 30-rd AR-15 magazines because Florida doesn't regulate magazine capacity. But the judge is indeed correct ...

https://www.nationalreview.com/2018/03/report-parkland-shooter-did-not-use-high-capacity-magazines/

Near the end of the decision, the judge also spends a little time on the takings clause.

Sent from my Pixel XL using Tapatalk

 

[DP12]

Shouldn't the court be declaring its ruling to have immediate national effect?

That's the new standard, isn't it?

Like that lawyer in robes out in Hawaii?

 

[press1280]

Shouldn't the court be declaring its ruling to have immediate national effect?

That's the new standard, isn't it?

Like that lawyer in robes out in Hawaii?

This isn't a Federal law

 

[DP12]

So what?

That judge in Hawaii was making up the rules to suit his ideology...so should we.

 

[danb]

I've got a bunch of notices "now shipping standard capacity magazines to CA"

Get em while you can...

 

[smokey]

Lolz. mr g&g wins an internet.

 

[ironpony]

I'm surprised this is lasting longer than open carry in DC

 

[Palmaris]

I am from CA. We have blast now-everybody is on shopping spree. Some gun shops servers are collapsed.
Interesting to see state respond tomorrow and entire outcome. I do not believe libs will let it go, not in CA.

 

[Mark75H]

Shouldn't the court be declaring its ruling to have immediate national effect?

That's the new standard, isn't it?

Like that lawyer in robes out in Hawaii?

Federal Court, but within a particular district. Other districts are not affected.

 

[Vile Shadow]

But, but....

The 2A only applies to muskets and blunderbusseses.

 

[Kharn]

I'm surprised this is lasting longer than open carry in DC

CA DOJ is busy snow boarding, water skiing, panning for gold, wine tasting, or composting their copies of the constitution, you know, all the weekend pastimes they show on those Visit California ads on TV. They don't have enough money to pay for weekend overtime.

 

[Occam]

Mrs Occam and I just took turns, over coffee, reading the meaty parts of this ruling aloud to each other. It isn’t just morally gratifying, it’s hugely educational and inspiring. That the man was born in Havana places his commitment to the Bill of Rights in an even more important context.

She says, “Maybe I don’t have the whole context, here, but this feels like an officially Historic Document.”

 

[W2D]

Always striking about these pro-2A court documents is how they make such *sense*, based on easily understandable analysis of past law, all premised on the historical importance of a right enumerated in the 2A of our Constitution.
Compare this to the incomprehensible liberal submittals of the drivel “If we can save the life of just one child...!”, “Prevent Mass shootings!”, or my favorite “Prevent gun violence!”.

The wheels of justice seem to be turning, if only very slowly.


Sent from my bunker using Tapatalk

 

[platoonDaddy]

The 9th will shortly have four judges appointed by Trump, lets hope the are strong 2A

The Senate is poised this week to consider two more conservative nominees selected by President Trump to sit on the left-leaning 9th Circuit Court of Appeals -- and the top Democrat on the Judiciary Committee isn't happy about it.

That's because the nominees, Ken Lee and Dan Collins, were picked without any input from either Dianne Feinstein or Kamala Harris, California's two Democrat senators. Traditionally, the White House seeks to obtain a so-called "blue slip," or approval, from a judicial nominee's two home-state senators before pressing on with their nominations.

But the Trump administration, which has successfully nominated several conservative judges to the 9th Circuit already, has pointedly disregarded that process as it continues its push to transform the appellate court that the president repeatedly has derided as hopelessly biased and "disgraceful."

https://www.foxnews.com/politics/feinstein-fumes-as-trump-administration-pushes-forward-with-9th-circuit-nominees-without-consulting-her

 

[ComeGet]

Federal Court, but within a particular district. Other districts are not affected.

Funny how this works:

A district court ruling in favor of 2A rights is effective only in that district.

But, if a district court in bumvukk outtheresomewhere rules that a particular Trump Administration policy is unconstitutional, it effects the entire nation adn federal government.

 

[ReviledExpat]

Although I jumped through the ruling a bit, there's clearly a great deal of work that goes into these decisions. The judge is a GWB appointee born in Havana, Cuba.

Tidbits not mentioned above, when the Judge discusses the Parkland shooting, he says 10-rd magazines were used. I didn't pick this up in prior reporting. I guess I assumed that the shooter used standard capacity 30-rd AR-15 magazines because Florida doesn't regulate magazine capacity. But the judge is indeed correct ...

https://www.nationalreview.com/2018/03/report-parkland-shooter-did-not-use-high-capacity-magazines/

Near the end of the decision, the judge also spends a little time on the takings clause.

Sent from my Pixel XL using Tapatalk

Former Judge Alex Kozinski of the 9th Circuit was also a strong supporter of the RKBA, and was born in Soviet Romania. Funny, people who have actually lived in communist shitholes know how important freedom is.