Benson v US et al 23-CV-0541 FINAL.pdf
We reverse and vacate Benson’s convictions for possession of a “large capacity ammunition feeding device,” possession of an unregistered firearm, carrying a pistol without a license, and unlawful possession of ammunition.
One has to wonder if the anti-gunners will appeal this decision to SCOTUS as they did the Heller decision. It would make me laugh if they did.
This is great news in a number of ways. The obvious is the win for standard capacity magazines at the appeals court level. But an even bigger reason to celebrate is the circuit split it creates. This pretty much assures SCOTUS will accept an appeal from someone.
This is the money shot:
The threshold question is whether 11+ magazines are “bearable arms” covered by the Second Amendment’s plain text. Bruen, 597 U.S. at 28 (quoting Heller, 554 U.S. at 582). That is, are they something that a person might “take[] into his hands” to use “in wrath to cast at or strike another,” Heller, 554 U.S. at 581, or do they otherwise “facilitate armed self-defense”? Bruen, 597 U.S. at 28. The answer to each of those questions is “yes.”
This argument doesn’t just cover magazines. It covers suppressors, threaded barrels, compensators, angled foregrips, vertical foregrips, adjustable stocks, folding stocks, forced reset triggers, binary triggers, full auto kits of any description, belt feeds, hopper feeds, barrel shrouds, body armor, fixed blade knives, knives over 3″ long, dirks, daggers, swords, polearms, stun guns, pepper ball guns, expandable batons, phasers, disruptors, ecstasy guns, agony whips, personal force fields, personal deflectors, bolters, plasma rifles above, at or below the 40W range, man-portable laser cannon, melta-guns, railguns, mass drivers, fusion lances, masers, grasers, x-rasers, baseball bats, cricket bats, football bats, and [insert metal here]-knuckles.
Take this decision and turn it into “deprivation of rights under color of law” and “conspiracy to do the same” and flush elected officials and their non-elected supporters/co-conspirators into oubliettes.
Including the trial judge.
I like your weapons / parts list. Looks like a sufficient starting point, though you did skip tanks, warships, and the like.
You might get fighter jets into the “take into one’s hands” definition, as there is no-one else’s hands it is in, but tanks, artillery, warships… you’re going to need more than one set of hands to “bear” it.
At that point, it’s not so much of an individual right, and more of bit of group kit needed for the proper operation of the militia in pursuit of its purpose (i.e. the militia has been regulated well): securing the state of freedom for The People.
Good news indeed!
And in DC of all places.