U.S. District Judge Roger Benitez in San Diego said California's "sweeping ban" went too far by preventing people from using magazines for lawful purposes, including self-defense.
"The history and tradition of the Second Amendment clearly supports state laws against the use or misuse of firearms with unlawful intent, but not the disarmament of the law-abiding citizen," Benitez wrote in a 71-page decision.
Benitez cited a June 2022 decision by the U.S. Supreme Court, New York State Rifle & Pistol Association v Bruen, requiring that firearms restrictions be "consistent with this nation's historical tradition of firearm regulation" to pass muster.
California Attorney General Rob Bonta, who enforces the state's laws, plans to seek a stay while he appeals the decision to the 9th U.S. Circuit Court of Appeals in San Francisco.
He said Californians need to be kept safe from weapons enhancements that are "designed" to cause mass casualties.
"The Supreme Court was clear that Bruen did not create a regulatory straitjacket for states--and we believe that the district court got this wrong," Bonta said. "We will move quickly to correct this incredibly dangerous mistake."
Benitez delayed enforcing his injunction against the law for 10 days to give Bonta time to seek a stay.
Start filing complains at the local FBI offices for violations of 18 U.S.C. § 242
This provision makes it a crime for someone acting under color of law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
The founding Fathers had no restrictions on the amount of ball ammunition and black powder a person could carry on person or in a wagon. There is your precedence.
I was going to say that this is yet another positive example of Trump's first-term judicial appointments -- there are certainly many -- but Roger Benitez was appointed by "the Decider" himself, George W. Bush.
Nice to be reminded that Republicans occasionally got things right prior to Trump, if only because public pressure required it.
Exactly. The one sentence was from the SCOTUS ruling they can only restrict what the Founding Fathers restricted at that time. There were no restrictions .
U.S. District Judge Roger Benitez in San Diego said California's "sweeping ban" went too far by preventing people from using magazines for lawful purposes, including self-defense.
"The history and tradition of the Second Amendment clearly supports state laws against the use or misuse of firearms with unlawful intent, but not the disarmament of the law-abiding citizen," Benitez wrote in a 71-page decision.
Benitez cited a June 2022 decision by the U.S. Supreme Court, New York State Rifle & Pistol Association v Bruen, requiring that firearms restrictions be "consistent with this nation's historical tradition of firearm regulation" to pass muster.
California Attorney General Rob Bonta, who enforces the state's laws, plans to seek a stay while he appeals the decision to the 9th U.S. Circuit Court of Appeals in San Francisco.
He said Californians need to be kept safe from weapons enhancements that are "designed" to cause mass casualties.
"The Supreme Court was clear that Bruen did not create a regulatory straitjacket for states--and we believe that the district court got this wrong," Bonta said. "We will move quickly to correct this incredibly dangerous mistake."
Benitez delayed enforcing his injunction against the law for 10 days to give Bonta time to seek a stay.
Start filing complains at the local FBI offices for violations of 18 U.S.C. § 242 This provision makes it a crime for someone acting under color of law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
The founding Fathers had no restrictions on the amount of ball ammunition and black powder a person could carry on person or in a wagon. There is your precedence.
I believe the judge’s actual last word in his ruling statement was “,faggots!”.
The Constitution and the laws should be enforced and not violated.
Very very nice win.
This is how we stop them from violating our Constitutional Rights. Report them.
Its good news. However there is a 10 day stay. We'll see what happens after 10 days.
Exactly. And if we file these complaints of violation of rights under color of law it corners them one way or the other.
Better buy mags now if you need any.
I was going to say that this is yet another positive example of Trump's first-term judicial appointments -- there are certainly many -- but Roger Benitez was appointed by "the Decider" himself, George W. Bush.
Nice to be reminded that Republicans occasionally got things right prior to Trump, if only because public pressure required it.
About time the laws and the Constitution are protected instead of being violated. Lets see what happens in 10 days.
The SCOTUS decision is clear.
This, and all other gun laws need to be struct down.
Aho!
Exactly. The one sentence was from the SCOTUS ruling they can only restrict what the Founding Fathers restricted at that time. There were no restrictions .