DC: The U.S. District Court for the Southern District of California on Friday afternoon struck down California’s ban on firearm magazines that hold more than 10 rounds.
Judge Roger T. Benitez concluded in the case of Virginia Duncan, et. al. v. California Attorney General Xavier Becerra that the restriction on magazine round capacity in the state of California “as amended by Proposition 63, burdens the core of the Second Amendment by criminalizing the acquisition and possession of these magazines that are commonly held by law-abiding citizens for defense of self, home, and state.”
Judge Benitez continues, “The statute hits at the center of the Second Amendment and its burden is severe. When the simple test of Heller is applied, a test that persons of common intelligence can understand, the statute fails and is an unconstitutional abridgment. It criminalizes the otherwise lawful acquisition and possession of common magazines holding more than 10 rounds – magazines that law-abiding responsible citizens would choose for self-defense at home. It also fails the strict scrutiny test because the statute is not narrowly tailored – it is not tailored at all.” more here
A Constitutional judge!!! Wowser!
“Speaking the truth in times of universal deceit is a revolutionary act.” Geo. Orwell
This is going to be overruled by the 9th appeals which may be upheld by the USSC since they have largely left the States in charge of their gun regulations in past ruling as long as they didn’t completely invalidate the 2nd for the people of that State.
Don’t forget there are four leftists on the court and one leftist controlled one (Roberts).
…Good.
Now, strike down every OTHER law that attempts to restrict the GOD-given right of free men to bear arms as unconstitutional as well, while you’re at it.
“Shall NOT be infringed”…
…. Good
Now get him to Vermont to do the same
Quick Californians…buy as many 30 round mags before the 9th overrules this decision.
And buy them with cash.
Judge Benitez is a RARE judge, one who understands and applies the Constitution. He WILL be overturned on appeal and you can bet the farm
the state WILL appeal. This is in the Ninth Circus Court’s jurisdiction.
Not a court that has a history of following the Constitution.