There was a HUGE win in a California court, a big win for the Second Amendment. The NRA characterizes the ruling by Judge Benitez in the Duncan vs. Becerra case as, “one of the strongest judicial statements in favor of the Second Amendment to date.”
“Individual liberty and freedom are not outmoded concepts,” Judge Roger T. Benitez declared. Benitez also commented that the California law was an attempt at “turning the Constitution upside down.”
The U.S. District Court for the Southern District of California judge found that the state’s ban on common, widely owned firearm magazines of more than 10 rounds violates the Second Amendment of the U.S. Constitution.
Benitez ordered the state to stop enforcing the law at this time.
The law he struck down, at least for now, regulates guns and their use in a way that violates the Constitution without actually making the law about guns. In the ruling, Benitez noted: “If it restricts your right to own and operate your firearm, it’s a violation of the Second Amendment.
“However, just as the court is mindful that a majority of California voters approved Proposition 63 and the government has a legitimate interest in protecting the public from gun violence, it is equally mindful that the Constitution is a shield from the tyranny of the majority.”
Finally, a judge that cares about our Constitution!
The case was sent last summer to the U.S. Court of Appeals for the Ninth Circuit regarding the issue of whether the law’s enforcement should be suspended during proceedings on its constitutionality.
In July, a three-judge panel of the Ninth Circuit upheld Benitez’s suspension of enforcement and sent the case back to him to continue the proceedings on merits of the law.
Benitez’s comprehensive, scholarly opinion was rendered late yesterday. Second Amendment supporters were handed a powerful ruling that completely invalidated California’s 10-round limit on magazine capacity.
— NRA (@NRA) March 29, 2019
Cory Booker has been prattling away nonsensically about guns. He knows nothing and we have another example below. He is representative of the knowledge of Democrats trying to gut the Second Amendment.
We discussed this yesterday https://t.co/pkKO1rqAVz . The NRA, while having a same letter in its name as NSSF, is not NSSF. Also, we have BGCs and how do you criminalize private transfers without creating a registry, Senator? Also, you’re saying millions of Americans need to go? https://t.co/BOq36n6ns8
— Dana Loesch (@DLoesch) March 29, 2019