Politics and Religion

Federal judge again strikes down California law banning gun magazines of more than 10 rounds
lester_prairie 12 Reviews 77 reads
posted

Judge Benitez has for a second time struck down the 10 round capacity limit.  First time was 2017.  But the appeals court reversed.  I believe the SCOTUS reversed again and sent it back to the appeals court which then sent it back to Benitez based on the new Bruen decision.  
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Under Bruen the 2nd amendment of the right to bear arms is a primary right.  The SCOTUS said you have to consider text, history, and tradition (history and tradition around the time of the adoption of the bill of rights, not later.)
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Since "arms" is a generic term, there is no history or tradition of limiting diverse aspects of guns such as number of rounds, etc.  So although California is again appealing this decision, it's less likely they will succeed.  Bruen is the new standard and most gun control laws across the nation are going to fall eventually.
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For gun control advocates, the proper avenue is a Constitutional amendment, same as if they wished to impose state censorship... they'd have to amend the Constitution to usher in the Progressive Totalitarian State that they all lust for.

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