Quote of the Day The state court mistakenly did not regard the pistol or the billy to be the sorts of arms protected by the Second Amendment. Instead, only weapons of war were covered by the Constitution, according to Workman. … Continue reading
The result is that any law-abiding citizen may lose his liberty, and (not ironically) his Second Amendment rights, as a result of exercising his constitutional right to keep and bear arms if the arm falls within the complicated legal definition … Continue reading
Plaintiffs contend that there is no genuine dispute that the Second Amendment to the United States Constitution protects the individual right of every law-abiding citizen to acquire, possess, and keep common firearms and their common magazines holding more than 10 … Continue reading
Just as we would not allow “the police to search the sacred precincts of the marital bedrooms for telltale signs of the use of contraceptives,” (id.), we should not allow the police to search the private environs of law-abiding, responsible … Continue reading
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 … Continue reading
Quote of the Day In the first half of last year, 589,087 individuals traveled to an ammunition vendor to buy ammunition. They proved their citizenship and residency with identification documents and paid for a background check. The State’s computers rejected … Continue reading
Quote of the Day As this Court explained in its prior decision, “[a]rtificial limits will eventually lead to disarmament. It is an insidious plan to disarm the populace and it depends on for its success a subjective standard of ‘necessary’ … Continue reading
Quote of the Day While Judge Benitez’s ruling and reasoning were welcomed, it’s frustrating to many on the pro-gun side of the argument that judges continue to link the need for standard capacity magazines solely to domestic crimes. They should … Continue reading
Quote of the Day IT IS HEREBY ORDERED that: 1. Defendant Attorney General Rob Bonta, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him, and those duly sworn state peace officers … Continue reading
I few days ago I engaged Bing Chat with a gun control question. This is the conversation. My questions and answers are in red and right justified Which is better, a society where no resident may own or use a … Continue reading
Via FOX News: U.S. District Court Judge Roger Benitez of the Southern District of California issued a permanent injunction on Monday against the “fee-shifting” provisions of the state’s gun law – which empowers private citizens to bring lawsuits against manufacturers … Continue reading
While the wheels of justice do grind slowly, in this case I foresee them crushing the state of California’s gun control ambitions. LKBDecember 15, 2022Judge Benitez’s Latest Order in Miller v. Bonta Sets the Stage for Taking Down California’s Assault … Continue reading
Dramatic anecdotes and a tendency toward gun-related puns seem at times designed to troll gun-safety advocates, who view his rulings and his expansive view of the 2nd Amendment with a mixture of outrage and alarm. Laura J. Nelson and Kristina … Continue reading
If you’re a gun-rights group challenging the law in California then you want to be before Judge Benitez. He has become the most vigorous defender of gun rights in the federal courts today. Adam WinklerLaw professor at the University of … Continue reading
That’s Judge Roger Benitez, a death-worshiping fascist who has never noticed that the word “own” – or anything like it – is absent from the 2nd Amendment. We can no longer tolerate gun nuts in the judiciary. Keith Olbermann @KeithOlbermannTweeted … Continue reading
From Firearms Policy Coalition @gunpolicy who says, ** GAME ON! ** In our @gunpolicy Mller v. Becerra lawsuit challenging California’s ban on so-called “assault weapons”, Judge Benitez today ordered an accelerated bench trial for January 21, 2021. FUND http://AR15LAWSUIT.COM GAME … Continue reading
The state of California argues that the district court erred by granting summary judgment for the Owners. We disagree with the government’s position, and we affirm. California Penal Code section 32310 severely burdens the core of the constitutional right of … Continue reading
Under intermediate scrutiny, “[i]t is the legislature’s job, not [the courts’], to weigh conflicting evidence and make policy judgments.” Pena, 898 F.3d at 980 (quoting Kachalsky v. Cnty. of Westchester, 701 F.3d 81, 99 (2d Cir. 2012)). Based on the … Continue reading
Scared men need big guns there is NEVER going to be a time in America that 20 people are going to storm your house. That’s ridiculous! You don’t hunt a Roosevelt with a 30 round mag. It’s just an extension … Continue reading
The world as we know it is changing: Once Trump’s latest picks to the 9th Circuit, including Ken Lee and Dan Collins, are confirmed as expected and remaining vacancies are filled, 13 of the 29 active seats on the key … Continue reading