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Posted by: TEEBONE ® |
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California Law Hammered in Federal Court Mag Ban Strike Down - Liberty Park Press
Buried in a federal judge’s 86-page ruling late last Friday that declared California’s ban on ammunition magazines that hold more than 10 rounds unconstitutional is a devastating dissection of the failure of the state’s gun control efforts, and something of a rebuke to state Attorney General Xavier Becerra for having submitted “news articles and interest group surveys” to support his case, rather than police reports.
In the process, U.S. District Judge Roger Benitez unintentionally demonstrated that elections matter. Judge Benitez was appointed to the federal court by former President George W. Bush in 2004. With his ruling, the judge provided several gems
Anti-gunners, including Becerra, have promised a fight. The ruling, which strikes down the state ban on so-called “high capacity magazines” as unconstitutional, will be appealed to the Ninth Circuit Court of Appeals, and then possibly to the U.S. Supreme Court. It may be read here.
As recalled by Fox News, magazines holding more than 10 rounds have been banned in California since 2000. But Judge Benitez has ripped that ban to shreds by recounting several high-profile crimes since then that were not prevented by the ban. Here’s part of the judge’s observation, from Page 49:
Two pages later, Judge Benitez slams down on California’s lack of gun control success:
Then, on Page 59, the judge essentially summed up the argument against magazine bans:
Seven pages later, Judge Benitez takes a poke at arguments from the gun prohibition lobby that “weapons of war” should be banned from civilian ownership.
While Second Amendment activists have been celebrating through the weekend, the Benitez ruling may simply amount to the end of “Round 1.” California anti-gunners will zealously defend their restrictive gun control measures, and no doubt will get support from national gun prohibition lobbying groups and their attorneys. No doubt they will fight this case to the Supreme Court, and if they lose it will not surprise rights activists if they try to find some way to wiggle around it in order to continue clamping down on Second Amendment rights.
LIBERTY HAS NO EXPIRATION DATEDemocrats wouldn't buy a clue if it was government subsidized.
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