Author Topic: Judge Benitez rules CA's assault weapon ban unconstitutional  (Read 2840 times)

Pb

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Judge Benitez rules CA's assault weapon ban unconstitutional
« on: October 19, 2023, 02:28:26 PM »
Here's the ruling:
https://assets.nationbuilder.com/firearmspolicycoalition/pages/5381/attachments/original/1697737480/2023.10.19_175_OPINION.pdf?1697737480

Judge Benitez did the same for the magazine ban a couple of weeks ago, and was immediately overruled.... so undoubtedly, this will happen again, and it will get appealed to the Supreme Court.

If Supreme Court will do anything about it, who knows at this point?   ;/

It looks like the Court probably won't rule on this issue for a few more years, if ever.

The decision is full of rubbish about how commonly owned weapons are the only ones protected, this howler in particular:

Unless the Supreme Court clearly says otherwise, commonly owned weapons that may be useful for war and are reasonably related to militia use are also fully protected, so long as they are not useful solely for military purposes.

The exact opposite was plainly indicated by the founders and all commentators in the 19th century and earlier.  But anything to preserve the machine gun ban, no matter how absurd.



Northwoods

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Re: Judge Benitez rules CA's assault weapon ban unconstitutional
« Reply #1 on: October 19, 2023, 08:59:06 PM »
Here's the ruling:
https://assets.nationbuilder.com/firearmspolicycoalition/pages/5381/attachments/original/1697737480/2023.10.19_175_OPINION.pdf?1697737480

Judge Benitez did the same for the magazine ban a couple of weeks ago, and was immediately overruled.... so undoubtedly, this will happen again, and it will get appealed to the Supreme Court.

If Supreme Court will do anything about it, who knows at this point?   ;/

It looks like the Court probably won't rule on this issue for a few more years, if ever.

The decision is full of rubbish about how commonly owned weapons are the only ones protected, this howler in particular:

Unless the Supreme Court clearly says otherwise, commonly owned weapons that may be useful for war and are reasonably related to militia use are also fully protected, so long as they are not useful solely for military purposes.

The exact opposite was plainly indicated by the founders and all commentators in the 19th century and earlier.  But anything to preserve the machine gun ban, no matter how absurd.




Ummmm.  Any gun can be used for “any” non-military purpose.  It may or may be a legal use.
Formerly sumpnz

Kingcreek

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Re: Judge Benitez rules CA's assault weapon ban unconstitutional
« Reply #2 on: October 20, 2023, 09:18:52 AM »
I would sure like to see the SC weigh in before ill annoy law takes effect January 1st.
Not that I have anything that would be in that category…
What we have here is failure to communicate.

Pb

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Re: Judge Benitez rules CA's assault weapon ban unconstitutional
« Reply #3 on: October 20, 2023, 09:36:44 AM »
The Supreme Court refused a stay of the IL law.   ;/

It will be at least a few years before this makes it to the court, if they ever have the balls to take it. 

lee n. field

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Re: Judge Benitez rules CA's assault weapon ban unconstitutional
« Reply #4 on: October 20, 2023, 09:41:19 AM »
I would sure like to see the SC weigh in before ill annoy law takes effect January 1st.
Not that I have anything that would be in that category…

Of course.

(Took my CCW renewal class last week.  Guy straight up advised us not to register anything.)
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