Great Article On The Fed Overturn Of The CA Magazine Limit Law

[Yooper]

Maybe some hope for Maryland?

Please take the time to read the entirety of the article; both informative and entertaining. The judge KNOWS HIS CHIT!

Link: "BLOW STRUCK FOR CIVIL RIGHTS IN CALIFORNIA"

Here are two teasers to whet your appetite:

Judge Benitez’s decision is closely reasoned and unsparing in its dismantling of the feeble evidentiary case made on behalf of the state. It is premised largely on the U.S. Supreme Court’s decision in District of Columbia v. Heller.

All Californians, like all citizens of the United States, have a fundamental Constitutional right to keep and bear common and dangerous arms.
***
In Heller, the U.S. Supreme Court provided a simple Second Amendment test in crystal clear language. It is a test that anyone can understand. The right to keep and bear arms is a right enjoyed by law-abiding citizens to have arms that are not unusual “in common use” “for lawful purposes like self-defense.”
***
It is a hardware test. Is the firearm hardware commonly owned? Is the hardware commonly owned by law-abiding citizens? Is the hardware owned by those citizens for lawful purposes? If the answers are “yes,” the test is over. The hardware is protected.

...

The opinion is sometimes entertaining, as when Judge Benitez rejects the argument that firearms with “large” magazines are dangerous:

Nothing in the Second Amendment makes lethality a factor to consider because a gun’s lethality, or dangerousness, is assumed. The Second Amendment does not exist to protect the right to bear down pillows and foam baseball bats. It protects guns and every gun is dangerous

--- End of line (MCP)

 

[Chris0nllyn]

A few things.

1. Judge Benitez is a Bush appointee.
2. This was not a full panel review.
3. It will almost certainly fail a 3 judge or full panel review.

This happens sometimes. Example, in 2012, a judge ruled that Maryland's "may issue" laws were unconstitutional. About a year later, a 3 judge panel overturned that ruling.

I'd love to see this overturned acorss the country, but the 9CA ain't going to do it.

 

[This_person]

Maybe that will push it up to SCOTUS?

 

[Chris0nllyn]

Maybe that will push it up to SCOTUS?

It'd have to make it's way up the chain and the Circuit Court would have to find a different ruling than the lower court. Possible? Yes, but again it's the 9CA.

The judge's decision is great though. Blasts a hole in many of these anti-gun-states' defense.

 

[Yooper]

--- End of line (MCP)