California ban on high capacity magazines declared unconstitutional

Started by PopeyesPappy, March 29, 2019, 09:23:02 PM

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PopeyesPappy

There was an interesting 2nd amendment ruling today.

QuoteORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT, DECLARING CALIFORNIA PENAL CODE § 32310 UNCONSTITUTIONAL and ENJOINING ENFORCEMENT

In short, a federal district court in California declared the state's ban on magazines with a capacity in excess of 10 rounds unconstitutional today.

http://michellawyers.com/wp-content/uploads/2019/03/Duncan-2019-03-29-Order-Granting-Plaintiffs-MSJ.pdf
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Baruch

Many levels of adjudication, means much contradiction and confusion in the law.
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PopeyesPappy

Quote from: Baruch on March 30, 2019, 12:24:12 AM
Many levels of adjudication, means much contradiction and confusion in the law.

This is true, but from what I read of the decision the judge made it based on the most recent rulings from the highest court in the land. Exactly what the lower courts are supposed to do.

Here is an updated link to the decision since the original one is broken now.

https://d3uwh8jpzww49g.cloudfront.net/sharedmedia/1510684/2064261_2019-03-29-order-granting-plaintiffs_-msj.pdf
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Hijiri Byakuren

No surprises here. The second amendment allows regulation ("A well-regulated militia being necessary"), but outright bans will never be enforceable unless an amendment is passed to strike out the "shall not be infringed" part. And we all know the likelihood of that happening.
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PopeyesPappy

Quote from: Hijiri Byakuren on March 30, 2019, 11:26:07 AM
No surprises here. The second amendment allows regulation ("A well-regulated militia being necessary"), but outright bans will never be enforceable unless an amendment is passed to strike out the "shall not be infringed" part. And we all know the likelihood of that happening.

I agree with Baruch in his assessment that, "Many levels of adjudication, means much contradiction and confusion in the law." I expect this ruling will be overturned by the 9th circuit on appeal, and if that happens I would be very surprised if SCOTUS hears that appeal. So I expect that ultimately the ban will stand.
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Baruch

The idea that the State, can't regulate ... is anarchism.  The idea that the State, can ban ... is tyranny.  We must take the middle path.
Ha’át’íísh baa naniná?
Azee’ Å,a’ish nanídį́į́h?
Táadoo ánít’iní.
What are you doing?
Are you taking any medications?
Don't do that.