For this round, anyway:
A federal judge in California ruled that a law requiring background checks to purchase ammunition violates the Second Amendment.
Voters approved toughening California firearms laws to include background checks on ammo purchases in 2016, and the restrictions took effect last July. The California Rifle & Pistol Association filed a lawsuit against the state shortly after.
…
U.S. District Judge Roger Benitez called the law “onerous and convoluted” and “constitutionally defective.”
“The experiment has been tried. The casualties have been counted. California’s new ammunition background check law misfires and the Second Amendment rights of California citizens have been gravely injured,” Benitez, a Bush appointee, wrote in the ruling.
Suggestion to Californian gun owners: get ’em while you can. In your state, there are no guarantees against gun-control fuckwittery.
Africa strike through California wins again ; make a note of the names.
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KIM RHODE; et al.,
Plaintiffs-Appellees,
v.
XAVIER BECERRA, in his official capacity
as Attorney General of the State of
California,
Defendant-Appellant.
No. 20-55437
D.C. No.
3:18-cv-00802-BEN-JLB
Southern District of California,
San Diego
ORDER
Before: MURGUIA and BENNETT, Circuit Judges.
The court has received appellant’s emergency motion for a stay. The request
for an immediate administrative stay is granted. The district court’s April 23, 2020
preliminary injunction order is temporarily stayed pending further court order.
The court will address the emergency stay motion by separate order
Now, for the follow up, the people responsible for this mass violation of constitutional law should be brought up on charges, removed from position, forfeiture of all assets, and banished from the country post haste and beaten about the head and shoulders with a blunt metal like object. All televised, of course, as a stern warning to others contemplating taking on such behavior.
Just finished last nite the full opinion. Judge Benitez absolutely destroys the State position .The following is just one paragraph out of the 120 pages that gets right to the point….from the section titled Analysis…..sorry for the formatting …
*******************
There is only one policy enshrined in the Bill of Rights. Guns and
ammunition in the hands of criminals, tyrants and terrorists are poisonous; guns in
the hands of law-abiding responsible citizens are the antidote. To give full life to
the core right of self-defense, every law-abiding responsible individual citizen has a
constitutionally-protected right to keep and bear firearms and ammunition. No
legislature or popular vote has the constitutional authority to dictate to a citizen that
he or she may not acquire ordinary and popular ammunition for his or her guns.
Nor may the acquisition process be made so unreasonably difficult that she simply
throws up her hands and surrenders the right. Plaintiffs have made a sufficient
showing of their likelihood of succeeding on the merits of the Second Amendment
claims.
I literally asked my wife about this yesterday. “Why does it take a lawyer 120 pages to say, ‘You can’t do it. It is black letter constitution.’?”
If it were up to me “ordinary and popular ammunition” would be Government subsidized so it actually did cost “a dime a dozen”.
“Judge Benitez absolutely destroys the State position” Except he didn’t. The Order had been reversed before folks finished reading it. When the choice of Judge makes the result predictable it’s more rule of Judge than rule of law. Apparently it’s not black letter constitution in the U.S. of A. The now reversed Order was I think justified at such length with full expectation that the 9th Circuit would reverse the District Court.
Consider that Joe Biden, with all his own deficiencies including his plan to disarm the citizenry, has a former California Attorney General and current California Senator on his short list for VP and successor. Then work for citizen’s rights and hope to restore the Constitution.
TTAG just reported that Cali appealed the Benitez injunction to the 9th circuit. They granted the stay…so back to commie law….
https://www.thetruthaboutguns.com/ninth-circuit-grants-emergency-stay-california-ammo-background-check-law-again-in-force/
Would RBG please hurry up & croak from the corona crude? I was promised it would prefer the old & decrepit.
RBG has been in a coma for a decade, same as CV-19 regimen for serious cases, so we can’t know if she has it or not.