This decision is a freedom calculus decided long ago by Colonists who cherished individual freedom more than the subservient security of a British ruler. The freedom they fought for was not free of cost then, and it is not free now.
Hon. Roger T. Benitez
United States District Judge
March 29, 2019
VIRGINIA DUNCAN, et al., Plaintiffs, v. XAVIER BECERRA, in his official capacity as attorney General of the State of California, Defendant
ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT, DECLARING CALIFORNIA PENAL CODE § 32310 UNCONSTITUTIONAL and ENJOINING ENFORCEMENT
[This is, by far, the most strongly worded ruling in favor of the 2nd Amendment I have ever read. It’s an awesome read.
He tears apart the state of California’s argument and uses their own evidence against them. He calls them out on their use of Mother Jones as a biased, as well as unusable source, for a court ruling. A magazine ban is such a burden on the rights of the people that it must pass strict scrutiny. It does not pass strict scrutiny. It doesn’t not pass intermediate scrutiny. It cannot even be considered rational in the face of all the evidence showing such bans do not increase public safety.
Many of the arguments and logic used can be easily translated to protecting modern sporting rifles.
Read the whole thing.—Joe]