Protecting the Second Amendment – Why all Americans Should Be Concerned

[Badger52]

Yessir, district court heads explode. The heart of the matter:

...in cases involving a constitutional claim, a likelihood of success on the
merits usually establishes irreparable harm, and strongly tips the balance of equities and public interest in favor of granting a preliminary injunction.

Their repetitive pounding of the concept that denial of a constitutional right, however brief, constitutes irreparable harm is good. That the fight shouldn't have to be fought is obvious, but I remember when the 9th Circuit was "Do not pass Go. Proceed straight to Gulag."

[Badger52]

California's 'High Capacity' Magazine Ban Ruled Unconstitutional Under Bruen

Today, Judge Benitez has, as expected, struck down the ban as clearly unconstitutional.
Here's the link to the decision. I happen to enjoy the BLUF approach of the Court, which states what is happening, literally "up front."

We begin at the end. California’s ban and mandatory dispossession of firearm magazines holding more than 10 rounds (California Penal Code § 32310(c) and (d)), as amended by Proposition 63, was preliminarily enjoined in 2017.1 That decision was affirmed on appeal.2 In 2019, summary judgment was granted in favor of Plaintiffs and § 32310 in its entirety was judged to be unconstitutional.3


Initially, that decision was also affirmed on appeal.4 However, the decision was re-heard and reversed by the court of appeals en banc.5 In 2022, the United States Supreme Court granted certiorari, vacated the appellate en banc decision, and remanded the case.6 The court of appeals, in turn, remanded the case to this Court “for further proceedings consistent with New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 142 S. Ct. 2111 (2022).”7 All relevant findings of fact and conclusions of law set forth in the prior decision concluding § 32310 is unconstitutional are incorporated herein.

This is not the first time Justice Benitez has done liberty proud. So hand salute, and 3-fingers of something of his choosing.

[Paslode]

Originally Posted by Badger52

California's 'High Capacity' Magazine Ban Ruled Unconstitutional Under Bruen

Today, Judge Benitez has, as expected, struck down the ban as clearly unconstitutional.
Here's the link to the decision. I happen to enjoy the BLUF approach of the Court, which states what is happening, literally "up front."



This is not the first time Justice Benitez has done liberty proud. So hand salute, and 3-fingers of something of his choosing.

Now we'll get to see how Kali's new 11% Tax on guns and ammo holds up in court. It doesn't do into effect until July 1.2024 which is perfectly timed as the 2024 election will be getting hot and will give Newsome some talking points while he is on the campaign trail.

https://www.zerohedge.com/political/...-tax-guns-ammo

[GratefulCitizen]

Originally Posted by Paslode

Now we'll get to see how Kali's new 11% Tax on guns and ammo holds up in court. It doesn't do into effect until July 1.2024 which is perfectly timed as the 2024 election will be getting hot and will give Newsome some talking points while he is on the campaign trail.

https://www.zerohedge.com/political/...-tax-guns-ammo

This could be a good opportunity to test Murdock v. Pennsylvania for the 2nd Amendment.
A win would lay the groundwork for eliminating the NFA.

[Badger52]

Originally Posted by GratefulCitizen

This could be a good opportunity to test Murdock v. Pennsylvania for the 2nd Amendment.
A win would lay the groundwork for eliminating the NFA.

+1 Also, I remember that 11% as being the number in Germany for their Mehrwertsteuer. How appropriate.

[Box]

I just think its hilarious that some of you folks actually think "law" has any thing whatsoever to do with this.

...or that the left has any intention of following a "law" that increases the amount of freedoms and liberties (aka privileges) bestowed upon those peasants subject to the decrees of King Brandon

[Paslode]

Originally Posted by Box

I just think its hilarious that some of you folks actually think "law" has any thing whatsoever to do with this.

...or that the left has any intention of following a "law" that increases the amount of freedoms and liberties (aka privileges) bestowed upon those peasants subject to the decrees of King Brandon

My mother has always said that with each new law you lose a little bit more freedom.

[Badger52]

Originally Posted by Paslode

My mother has always said that with each new law you lose a little bit more freedom.

I like Heinlein's method:
Bi-cameral legislature. One body requires 2/3 to pass ANYthing. If it can't get that support, it's not needed. Second body is to review the first. If even 1/3 don't like the law, it's shit-canned forthwith.