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  • Federal Court Finds California Magazine Ban Unconstitutional UPDATE: Ban Is Reinstated

    UPDATE 4/5/2019


    VIDEO BY: The Daily Shooter

    California Judge Reinstates Magazine Ban As of 5pm Friday 4/5.

    By US District Court Judge Roger Benitez, the same judge who ruled it was unconstitutional.
    The order goes into effect at 5:00pm PST on Friday, April 5.

    The ban on the possession of high capacity magazines will not be enforced while the case is still pending but Californians will not be able to order or purchase said magazines.
    Looks like this one may be headed to a higher court.

    Ruling can be read here: http://michellawyers.com/wp-content/...ing-Appeal.pdf





    Video By: The Daily Shooter


    Video By: Mrgunsngear

    In one of the strongest judicial statements in favor of the Second Amendment to date, Judge Roger T. Benitez of the U.S. District Court for the Southern District of California determined on Friday that California’s ban on commonly possessed firearm magazines violates the Second Amendment.

    The case is Duncan v. Becerra.
    Read The PDF Here:
    http://michellawyers.com/wp-content/...ntiffs-MSJ.pdf

    The NRA-supported case had already been up to the U.S. Court of Appeals for the Ninth Circuit on the question of whether the law’s enforcement should be suspended during proceedings on its constitutionality. Last July, a three judge panel of the Ninth Circuit upheld Judge Benitez’s suspension of enforcement and sent the case back to him for further proceedings on the merits of the law itself.

    Judge Benitez rendered his opinion late Friday afternoon and handed Second Amendment supporters a sweeping victory by completely invalidating California’s 10-round limit on magazine capacity. “Individual liberty and freedom are not outmoded concepts,” he declared.

    In a scholarly and comprehensive opinion, Judge Benitez subjected the ban both to the constitutional analysis he argued was required by the U.S. Supreme Court in District of Columbia v. Heller and a more complicated and flexible test the Ninth Circuit has applied in prior Second Amendment cases.

    Either way, Judge Benitez ruled, the law would fail. Indeed, he characterized the California law as “turning the Constitution upside down.” He also systematically dismantled each of the state’s purported justifications for the law, demonstrating the factual and legal inconsistencies of their claims.

    NRA-ILA Executive Director Chris W. Cox hailed the decision as a “huge win for gun owners” and a “landmark recognition of what courts have too often treated as a disfavored right.”

    “Judge Benitez took the Second Amendment seriously and came to the conclusion required by the Constitution,” Cox said. “The same should be true of any court analyzing a ban on a class of arms law-abiding Americans commonly possess for self-defense or other lawful purposes.”

    Unfortunately, Friday’s opinion is not likely to be the last word on the case. The state will likely appeal to the Ninth Circuit, which has proven notably hostile to the Second Amendment in past decisions.

    Nevertheless, the thoroughness of Judge Benitez’s analysis should give Second Amendment supporters the best possible chance for success in appellate proceedings, particularly if the case ultimately lands before the U.S. Supreme Court.

    In the meantime, Friday’s order prohibits California from enforcing its magazine restrictions, leaving its law-abiding residents safer and freer, at least for the time being.

    https://www.nraila.org/articles/2019...cond-amendment

    2 Not allowed! Not allowed!
    Comments 6 Comments
    1. Souldat's Avatar
      Souldat -
      Good for California! Happy to hear this.
    1. sasquatch's Avatar
      sasquatch -
      Quote Originally Posted by Souldat View Post
      Good for California! Happy to hear this.
      Yes!
      It's good news for all gun owners as it sets a precedent against unconstitutional state level rulings.

      I'm waiting to see what the 9th Circuit Court has to say and if it's sent up to the the big leagues: SCOTUS.
      I'd love to see the New York Safe Act dumpster fire get brought down as well as other ban state anti-gun laws using this same ruling.
    1. john.cushman's Avatar
      john.cushman -
      it would be nice to see this spread to other non-free states
    1. sasquatch's Avatar
      sasquatch -
      Quote Originally Posted by john.cushman View Post
      it would be nice to see this spread to other non-free states

      Absolutely.

      Just heard that over one million hi-cap mag orders have been submitted by Californians.
    1. sasquatch's Avatar
      sasquatch -
      Update in article.
    1. Souldat's Avatar
      Souldat -
      Just when you think you're out...... They pull you back in. What bullshit.. How is it the same judge who ruled it was unconstitutional. Was like, Huh.. Never mind, I changed my mind back.. This is what pressure looks like. So much BS!
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