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Why Anti-Gunners Fear Overturn of Ca Magazine Ban


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Why WA and OR Anti-Gunners Fear Cal. Magazine Ban Overturn

April 2, 2019 By Dave Workman

West Coast gun prohibitionists are probably delighted that California Attorney General Xavier Becerra has filed a motion with the federal court for a stay in the ruling handed down Friday in the case of Duncan v. Becerra, which concluded that the state’s ban on large capacity firearm magazines is unconstitutional.

Becerra will be appealing to the Ninth Circuit Court of Appeals in San Francisco, and if successful, the case could be appealed to the U.S. Supreme Court.

Anti-gunners are breathing a little easier only because they think the ruling by U.S. District Judge Roger Benitez, a George W. Bush appointee, can be overturned. To think otherwise would go against political correctness and the gun control agenda of eroding the Second Amendment.

Speaking of which, in the wake of last month’s failure by the legislature to adopt what many believe were extremist training requirements for Washington concealed pistol licenses, that state’s Department of Licensing revealed that March saw another spike in CPLs, bringing the total to 616,529 active licenses. That’s a jump of 3,615 CPLs over the number at the end of February, and a reverse of what had been a small decline in CPL numbers during that month.

Whatever their motivation, Washingtonians are continuing to obtain CPLs, which suggests the gun control rhetoric now being heard up and down the “Left Coast” may be losing momentum. While nobody wants criminals and crazy people to have guns, they also don’t want to be disarmed by the law, themselves.

And that sentiment may gain strength as more people read through Judge Benitez’ 86-page opinion. It contained this observation on Page 5: “People may cede liberty to their government in exchange for the promise of safety. Or government may gain compliance from its people by forcibly disarming all. In the United States, the Second Amendment takes the legislative experiment off the table. Regardless of current popularity, neither a legislature nor voters may trench on constitutional rights. An unconstitutional statute adopted by a dozen jurisdictions is no less unconstitutional by virtue of its popularity.”

This was in response to the passage of Proposition 63 in 2016. As noted by the San Francisco Chronicle, that measure forced owners of large capacity magazines to get them out of the state, or give them up.

Rights, according to the judge, are not subject to a popular vote. That, say gun rights activists, should serve as a warning to the billionaire-backed, Seattle-based Alliance for Gun Responsibility...

-- more at link --

 

 

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^^^^^^^^^^^^ This exactly. These people can't control their own world so they seek to control all others that disagree with them. High time the highest court in the nation has it's say. Seems the "shall not be infringed" needs to be interpreted by the Supreme Court.

 

Even then I doubt they'll cease and desist and look for the root cause of their fear and deal with it legally.

 

VooDoo

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They are control freaks who want to control people. They thought they can ignore the Constitution and take away people's rights with impunity. Can't wait for the Supreme Court to put a stop to their shenanigans.

Calling them control freaks is too lenient. They are sociopaths, plain and simple. 99.9% of politicians are. People allow these deviants to control them because they’re pretty, well spoken, and/or are promised spoils of plundering those who are more well off.

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They are control freaks who want to control people. They thought they can ignore the Constitution and take away people's rights with impunity. Can't wait for the Supreme Court to put a stop to their shenanigans.

"snip" People allow these deviants to control them because they’re pretty, well spoken, and/or are promised spoils of plundering those who are more well off.

 

..and also because we don't get a choice. We get a Republican choice - we get a Democrat choice. Vote for/elect whoever you want as they both work for the same guys.

 

VooDoo

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They are control freaks who want to control people. They thought they can ignore the Constitution and take away people's rights with impunity. Can't wait for the Supreme Court to put a stop to their shenanigans.

 

"snip" People allow these deviants to control them because they’re pretty, well spoken, and/or are promised spoils of plundering those who are more well off.

..and also because we don't get a choice. We get a Republican choice - we get a Democrat choice. Vote for/elect whoever you want as they both work for the same guys.

 

VooDoo

They fear of losing control to do as they please.

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Mr. Workman always has interesting articles. :thumbsup:

 

 

“Of all the tyrannies, a tyranny exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end, for they do so with the approval of their consciences.” - - C. S. Lewis

 

C. S. Lewis is the author of the "Narnia" books, among others. I'm just not sure about the "consciences" part.

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Mr. Workman always has interesting articles. :thumbsup:

 

 

“Of all the tyrannies, a tyranny exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end, for they do so with the approval of their consciences.” - - C. S. Lewis

 

C. S. Lewis is the author of the "Narnia" books, among others. I'm just not sure about the "consciences" part.

 

LWW's don't have a conscience. If they did, it doesn't work properly. If it worked properly, they wouldn't be LWW's.

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We all know what's gonna happen in CA9. If the panel doesn't dump Benitez's ROCK SOLID order, based on FACTS, then the court will simply go en banc and dump it. Or at least try like heck. More Trump appointees are taking seats on CA9 so the scales are tipping in our favor. Trump has 4 judges on the court now and 3 pending nominations for 4 open seats. At best he can get it 50/50 divided down ideological lines. Have yet to see a reasonable judge in CA9 like Traxler over in CA4.

 

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Has the ninth finally pulled their heads out of their .... , sure has been a few interesting decisions of late.

 

The Ninth Circuit on Friday temporarily lifted a California federal court's order that earlier in the week halted the Trump administration's policy of pushing asylum-seekers crossing the southwestern border back into Mexico while they await decisions on their immigration cases

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Has the ninth finally pulled their heads out of their .... , sure has been a few interesting decisions of late.

 

The Ninth Circuit on Friday temporarily lifted a California federal court's order that earlier in the week halted the Trump administration's policy of pushing asylum-seekers crossing the southwestern border back into Mexico while they await decisions on their immigration cases

See the link on post #4.

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It's ABOUT 50/50 split along ideological lines. Still favors the ideologues. The court will still go en banc and dump it if they really want to. They just "randomly" select a bunch of Dem appointee judges for the 11-judge panel. There's evidence that certain judges are actually selected to overhear certain types of cases. Reinhardt was "randomly drawn" to hear 3 gay marriage cases. Odds of that are 1/47^3 (29 active judges last count, 18 judges on senior status). Thats also assuming no one is sitting by designation so the odds are actually lower. Not factoring in judges sitting by designation, the odds of any one judge, active or on senior status, being drawn for a case is approx 2.21%. Odds of being drawn to hear 3 similar cases is/are 0.00096%. In other words, they got caught stacking panels. They'll do this crap when it's reheard.

 

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It's been reported that during the week standard capacity mags were legal due to Benitez over a million mags were imported to Cali. (Every mag manufacturer / vendor dumped every mag they could find into the state and just about everyone of them was sold.) So even if the court says the ban remains in effect the state will be hard pressed to get those mags out of the hands of Cali gun owners.

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