A California federal district court judge ruled Friday — again — that the state’s “sweeping ban” on gun magazines of more than ten rounds and treating as criminals those who possess them is unconstitutional. It turns out that the left, in the persons of Gov. Gavin Newsom and his attorney general, had to be told again that ammo is part of a gun, which is covered under the Second Amendment — a civil right that has been relentlessly and frivolously attacked by the left, as this case proves.
For the left, the process is the punishment. And, oh, what a grinding process this has been and will continue to be. This is the plan, after all.
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In the case against California’s Attorney General Rob Bonta, U.S. District Judge Roger Benitez said the ban imposed unconstitutional restrictions on people who may wish to exercise their Second Amendment right to use guns for sport or self-defense. Benitez stated in his 71-page decision that, for some reason, the left hasn’t gotten the message yet.
This case is about a California state law that makes it a crime to keep and bear common firearm magazines typically possessed for lawful purposes. Based on the text, history, and tradition of the Second Amendment, this law is clearly unconstitutional.
[…]The history and tradition of the Second Amendment clearly supports state laws against the use or misuse of firearms with unlawful intent, but not the disarmament of the law-abiding citizen
This is the second time that California’s limit ban on magazines bigger than ten rounds was struck down by Benitez in federal district court. But if legal cases could qualify for frequent flyer miles, this case would fly free forever.
The case has been to the 9th Circuit Court of Appeals and the U.S. Supreme Court already — and slapped down as unconstitutional. This shows that Newsom is willing to spend unlimited taxpayer — other people’s — money to grind down and bankrupt gun rights advocates in court proceedings while also punishing the U.S. Supreme Court for the Bruen gun decision. It’s why Justice Clarence Thomas, who penned the majority opinion in Bruen, is currently also under relentless attack by the left, accusing the justice of ethics violations and casting aspersions in hopes of hounding him into submission — or retirement. Moreover, this is all part of a plan to get Americans to throw up their hands and give up. But don’t.
Judge Benitez of San Diego (whom President Trump excoriated a few years ago for an immigration decision) halted California’s ban law beginning in ten days, giving the state time to appeal. Bonta notified the court within minutes of the decision that he was appealing again to the 9th Circuit Court of Appeals. And on it goes.
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Benitez began his decision with the number of times the state’s leaders, Newsom, former Attorney General Xavier Becerra, and now Rob Bonta, have brought this “unconstitutional” ban into court. The unspoken message seemed to be, you keep appealing, you keep losing, when is this over?
We begin at the end. California’s ban and mandatory dispossession of firearm magazines holding more than 10 rounds as amended by Proposition 63, was preliminarily enjoined in 2017.
1 That decision was affirmed on appeal.
2 In 2019, summary judgment was granted in favor of Plaintiffs and in its entirety was judged to be unconstitutional.
3 Initially, that decision was also affirmed on appeal.
4 However, the decision was re-heard and reversed by the court of appeals en banc.
5 In 2022, the United States Supreme Court granted certiorari, vacated the appellate en banc decision, and remanded the case.
6 The court of appeals, in turn, remanded the case to this Court “for further proceedings consistent with New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 142 S. Ct. 2111 (2022).”
7 All relevant findings of fact and conclusions of law set forth in the prior decision concluding § 32310 is unconstitutional are incorporated herein.
Attorney Chuck Michel, whose group the California Rifle and Pistol Association, has represented the plaintiffs, said, “CRPA will stick with it and fight this thing until the cows come home. We are not giving up.” And he characterized the legal battle as “a scorched earth fight for all of our Second Amendment rights.” Damned right.
Michel said he’d also be submitting “this opinion in a number of different states that have tried to get on the gun control bandwagon and passed all kinds of vindictive laws, retaliatory laws, frankly, to get back at the Supreme Court for the Bruen decision.” Indeed, states run by leftists, such as Oregon, Washington, and swing states, have “tried to contort the Bruen ruling and twist the Supreme Court’s words. And Judge Benitez really set that straight and made it clear that … the state’s arguments border on frivolous.”
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Here’s just a sample of what Benitez said to anti-gun rights zealots.
There is no American tradition of limiting ammunition capacity and the 10-round limit has no historical pedigree and it is arbitrary and capricious. It is extreme. Our federal government and most states impose no limits and in the states where limits are imposed, there is no consensus.
I learned of Friday’s decision while watching the court challenge to Oregon’s Measure 114, an initiative requiring gun owners to get a permit first before buying a gun and that also imposes a ban on magazines holding more than ten rounds.
The one attorney for gun rights advocates, who was facing off against eight state attorneys and a vast supporting cast bankrolled with house money, told the judge of the decision. The Measure 114 trial was in its fifth day of testimony, and the judge had limited the case to whether the measure follows the Oregon constitution, not the U.S. Constitution.
Gun-hating Gavin Newsom is making his stealth presidential campaign about a Constitutional Convention to repeal the Second Amendment. It’s unlikely to happen, but he doesn’t really care. Like the cartel made up of states that have vowed to copy each other’s climate proposals, he hopes to do the same with anti-gun legislation, creating a critical mass of states willing to crush the Second Amendment regardless of what the Bill of Rights says.
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