U.S. District Judge Roger Benitez, who is based in San Diego, issued a preliminary injunction Thursday that found the law was likely unconstitutional because it prevented people from using firearms that employed “whatever common magazine size he or she judges best suits the situation.” The law would have barred people from possessing magazines containing more than 10 bullets.
“The State of California’s desire to criminalize simple possession of a firearm magazine able to hold more than 10 rounds is precisely the type of policy choice that the Constitution takes off the table,” the injunction read.
Some common sense and respect for the people's freedom and liberty is long overdue in California. The state's politician's almost frantic fear of an armed populace tells you all you need to know about where they stand and what kind of people they are.
As someone said, never trust a government that won't trust its people with the right to bear arms. The Czech people have just now passed a law allowing their citizens to keep and bear. Given the political situation in that part of the world, it won't be long before others follow suit, yet here in California our governing class is hell bent on denying the state's citizens such freedoms. Why? The only reasons are bad ones.
Now to see if it holds.
ReplyDeleteWon't at the Ninth, will once the supremes get it.
DeleteSCOTUS refused to hear Peruta v CA. Don't expect them to hear this issue. It will get to the Ninth Circus and Benitez will be quashed.
Deletethis one may get to SCOTUS and be heard as it goes to the heart of matter with opposition by government to the second amendment. we the people really need another justice who is on the peoples side in relation to the US Constitution.
DeleteI usually don't follow court cases at the states level but i am tempted to follow this one.
They are working to give gangs, other criminals and cartels the advantage over citizens, who tend to obey the law.
ReplyDeleteWhen you look at the country, the most crime-blighted have the most restrictive gun control laws.
"California Attorney General Xavier Becerra ... argued ... that the magazines are not protected by the Second Amendment and are featured prominently in some of the most serious crimes, including mass shootings.
ReplyDelete'Restricting large-capacity magazines and preventing them from ending up in the wrong hands is critical for the well-being of our communities,' Becerra said..."
What an idiot. Banning something magically makes it vanish and keeps it out of the hands of criminals?
I was a sole proprietor FFL in Kalifornia for almost 20 years. I respectfully disagree with one point. They are not idiots. They know full well it's all BS. They will look you dead in the eye and tell you black is white, up is down, and the sun rises in the west. Gun control is not about guns. It is about control.
Deleteif this law stands, i will stand on the nevada side of the california border and sigh, as i will never cross that line again with out feeling that it is a land of fools. a place of such wealth and promise gone to hell. unbelievable
DeleteI'm in San Diego; was all ready to get my CCW as soon as the Peruta case was decided, because it was obviously a slam-dunk. Of course it didn't happen; even Chuck Berry never imagined the twist like the 9th Circus can perform. For a bunch of old guys in robes, they're real contortionists!
ReplyDeleteNow I can only hope that it'll all be reversed when Pres. Trump appoints the next Justice to SCOTUS. I noticed that Justice Thomas (a Godsend, and national treasure) was angry that the Court didn't take it up this time around.
So am I; but I guess I'll be able to get a CCW easier in Texas anyway. My sister lives there now, she keeps telling me it's great. She called a few months ago & asked me what pistol/revolver I'd recommend, she was going shopping & wanted something for her purse. Grrrrrrrrrrrrr.
Yes, it is MUCH easier. I am in the DFW area.
ReplyDeletehere in colorado i had to jump thru a few hoops and roll over and beg but in the end our state law states sheriffs "shall issue" not "may issue".
ReplyDeleteneedless to say, when you drop the hammer on someone, you better be in the right and have your ducks in row big time. this state has so many granola people in charge, it makes you think your in san frandicko