Wally
03-30-2019, 10:21 AM
Breaking! Federal Court Finds California Magazine Ban Violates the Second Amendment
LEGAL & LEGISLATION NEWS
Breaking! Federal Court Finds California Magazine Ban Violates the Second Amendment
In one of the strongest judicial statements in favor of the Second Amendment to date, Judge Roger T. Benitez of the U.S. District Court for the Southern District of California determined on Friday that California’s ban on commonly possessed firearm magazines violates the Second Amendment. The case is Duncan v. Becerra. The NRA-supported case had already been up to the U.S. Court of Appeals for the Ninth Circuit on the question of whether the law’s enforcement should be suspended during proceedings on its constitutionality. Last July, a three judge panel of the Ninth Circuit upheld Judge Benitez’s suspension of enforcement and sent the case back to him for further proceedings on the merits of the law itself.
I have a feeling that other similar laws, in other states, will fall under this ruling. If CA decides to take it to the SC the court will either not take the case or, if they do, it would seem that it will be upheld. The Attorney General in CA may well decide not to appeal as the chances or a reversal are too slim. As always, those that disagree----please do so.
LEGAL & LEGISLATION NEWS
Breaking! Federal Court Finds California Magazine Ban Violates the Second Amendment
In one of the strongest judicial statements in favor of the Second Amendment to date, Judge Roger T. Benitez of the U.S. District Court for the Southern District of California determined on Friday that California’s ban on commonly possessed firearm magazines violates the Second Amendment. The case is Duncan v. Becerra. The NRA-supported case had already been up to the U.S. Court of Appeals for the Ninth Circuit on the question of whether the law’s enforcement should be suspended during proceedings on its constitutionality. Last July, a three judge panel of the Ninth Circuit upheld Judge Benitez’s suspension of enforcement and sent the case back to him for further proceedings on the merits of the law itself.
I have a feeling that other similar laws, in other states, will fall under this ruling. If CA decides to take it to the SC the court will either not take the case or, if they do, it would seem that it will be upheld. The Attorney General in CA may well decide not to appeal as the chances or a reversal are too slim. As always, those that disagree----please do so.