Breitbart:
On Monday the United States Court of Appeals for the Ninth Circuit temporarily blocked a district court ruling that would have prohibited the enforcement of California’s “assault weapons” ban.
On June 4, 2021, Breitbart News reported that Judge Roger T. Benitez ruled against the ban.
In so doing, Benitez noted:
The Second Amendment elevates above all other interests the right of law-abiding, responsible citizens to use arms in defense of hearth and home.’ Heller, 554 U.S., at 635. The Supreme Court clearly holds that the Second Amendment protects guns commonly owned by law-abiding citizens for lawful purposes.
He added:
And although the Supreme Court cautioned that the Second Amendment does not guarantee a right to keep and carry “any weapon whatsoever in any manner whatsoever and for whatever purpose,” Heller, 554 U.S., at 626, lower courts have often cited this proviso about extreme cases to justify gun laws in average contexts. There is no evidence that the Supreme Court intended that language to be a license to avoid its common sense holding in average contexts.
Benitez gave California Attorney General Rob Bonta a 30-day time frame in which to appeal the District Court ruling but noted that after 30 days an injunction against enforcing the ban would be in place. more here
SURPRISE!!!
… not
I’ve been following this since Benetiz issued his decision. The 9th is filled with traitors. They will have this case tied up for years before finally deciding against the second amendment.
Liars.
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
my nightly alcohol-induced rant …. apologies for the wind
The ‘law’, as written in the US Constitution, is not written to establish limitations on the liberties of the people. The Constitution is written to establish limitations on the Federal Government’s encroachments on the liberties of the people,
the lower courts are established to punish you for a violation of the law, not a violation of thought.
If a law is established to punish you for a perceived intent, then the law is unjust & unconstitutional.
No matter how any court ‘interprets’. If a Court establishes limitations on freedom, particularly by ruling on perception of intent, then that Court is illegitimate. From the article: “… the Second Amendment does not guarantee a right to keep and carry “any weapon … for whatever purpose, …” “. hypothetical: unless I clearly states ‘purpose’, the government does not have a right to confiscate my ‘Phased plasma rifle in the 40 Watt range’ as I peacefully walk down the street with it, snuggling it like a baby. The government is not supposed to be empowered to confiscate my property, or punish me by saying I may do future harm with it. I may do ‘future harm’ with a motor vehicle! … or a claw hammer … a nail file … where does this form of ‘justification’ end?
The Constitution can be complex in it’s language, but simple in it’s understanding. The Hippocratic Oath states, as it’s overlying message “First, do no harm”. Simple, direct. Today it is too obviously, sadly not followed. The Constitution says our government is limited in it’s power. Our ‘betters’ have bent so far over in the opposite direction that they’ve succeeded in toppling common sense & logic.
Today we are now looking at a ruling power as close to oppressive as any Nazi Germany, Soviet Russia or Red China in history. Freedom of thought is dying daily. Public Schooling, as run by the government, is nothing more than a Day-Care Indoctrination Center along the finest lines of Adolph & Mao. They’ve started the purges, the shaming, the branding, the silencing, the burnings, the ostracism. How long will it be before they start the confiscations? The rounding up of ‘undesirables’? … my guess is well before the end of the Harris Regime.
… at least the Romans allowed the conquered to live as they pleased, as long as they paid their taxes.
There are few choices …. join the evil, learn to live within it … or fight the evil, learn to live without it
Just to let you all know, any county north of Sac County pays as much attention to their gun laws as we did to their mask mandates.
I’m in favor of getting rid of all judges who can’t understand and protect the Constitution. The very fact that we have to spend endless hours in court to defend what is clearly written is unacceptable.
This is a battle that has to be won.
I look forward to a LOTTA PPV public gallows action in this country some day…
SOON…
Benitez for SCOTUS!
Hey, Overruled. How about singling out Los Angeles and San Francisco, and see what that does to your per capita shootings.