2aguy
Diamond Member
- Jul 19, 2014
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If this is true and accurate, the Bill of Rights lives in the worst state for Civil Rights........apparently, a permanent injunction was handed down against the 10 round magazine ban in California.......if this is true and accurate, sanity has ruled the day.....
BREAKING: NRA Legal Team Wins Permanent Injunction Against California's Mag Ban - The Truth About Guns
the actual decision......happy dance....
IT IS HEREBY ORDERED that:
1. Defendant Attorney General Xavier Becerra, 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 and federal law enforcement officers who gain knowledge of this injunction order, or know of the existence of this injunction order, are enjoined from enforcing California Penal Code section 32310.
2. Defendant Becerra shall provide, by personal service or otherwise, actual notice of this order to all law enforcement personnel who are responsible for implementing or enforcing the enjoined statute. The government shall file a declaration establishing proof of such notice.
DATED: March 29, 2019
They cite Caetano and Heller.......
3. Lethality is Not the Test Some say that the use of “large capacity magazines” increases the lethality of gun violence.
They point out that when large capacity magazines are used in mass shootings, more shots are fired, more people are wounded, and more wounds are fatal than in other mass shootings.31 That may or may not be true. Certainly, a gun when abused is lethal. A gun holding more than 10 rounds is lethal to more people than a gun holding less than 10 rounds, but it is not constitutionally decisive. Nothing in the Second Amendment makes lethality a factor to consider because a gun’s lethality, or dangerousness, is assumed.
The Second Amendment does not exist to protect the right to bear down pillows and foam baseball bats. It protects guns and every gun is dangerous. “If Heller tells us anything, it is that firearms cannot be categorically prohibited just because they are dangerous.” Caetano v. Massachusetts, 136 S. Ct. 1027, 1031 (2016) (Alito, J. and Thomas, J., concurring); Maloney v. Singas, 2018 U.S. Dist. LEXIS 211546 *19 (E.D.N.Y. Dec. 14, 2018) (striking down 1974 ban on possession of dangerous nunchaku in violation of the Second Amendment and quoting Caetano).
“[T]he relative dangerousness of a weapon is irrelevant when the weapon belongs to a class of arms commonly used for lawful purposes.” Id. California law presently permits the lethality of a gun with a 10-round magazine. In other words, a gun with an 11-round magazine or a 15-round magazine is apparently too lethal to be possessed by a law-abiding citizen. A gun with a 10-round magazine is not. Missing is a constitutionally-permissible standard for testing acceptable lethality. The Attorney General offers no objective standard. Heller sets out a commonality
====
If the “too lethal” standard is followed to its logical conclusion, the government may dictate in the future that a magazine of eight rounds is too lethal. And after that, it may dictate that a gun with a magazine holding three rounds is too lethal since a person usually fires only 2.2 rounds in self-defense. This stepped-down approach may continue32 until the time comes when government declares that only guns holding a single round are sufficiently lacking in lethality that they are both “safe” to possess and powerful enough to provide a means of self-defense.33
BREAKING: NRA Legal Team Wins Permanent Injunction Against California's Mag Ban - The Truth About Guns
the actual decision......happy dance....
IT IS HEREBY ORDERED that:
1. Defendant Attorney General Xavier Becerra, 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 and federal law enforcement officers who gain knowledge of this injunction order, or know of the existence of this injunction order, are enjoined from enforcing California Penal Code section 32310.
2. Defendant Becerra shall provide, by personal service or otherwise, actual notice of this order to all law enforcement personnel who are responsible for implementing or enforcing the enjoined statute. The government shall file a declaration establishing proof of such notice.
DATED: March 29, 2019
They cite Caetano and Heller.......
3. Lethality is Not the Test Some say that the use of “large capacity magazines” increases the lethality of gun violence.
They point out that when large capacity magazines are used in mass shootings, more shots are fired, more people are wounded, and more wounds are fatal than in other mass shootings.31 That may or may not be true. Certainly, a gun when abused is lethal. A gun holding more than 10 rounds is lethal to more people than a gun holding less than 10 rounds, but it is not constitutionally decisive. Nothing in the Second Amendment makes lethality a factor to consider because a gun’s lethality, or dangerousness, is assumed.
The Second Amendment does not exist to protect the right to bear down pillows and foam baseball bats. It protects guns and every gun is dangerous. “If Heller tells us anything, it is that firearms cannot be categorically prohibited just because they are dangerous.” Caetano v. Massachusetts, 136 S. Ct. 1027, 1031 (2016) (Alito, J. and Thomas, J., concurring); Maloney v. Singas, 2018 U.S. Dist. LEXIS 211546 *19 (E.D.N.Y. Dec. 14, 2018) (striking down 1974 ban on possession of dangerous nunchaku in violation of the Second Amendment and quoting Caetano).
“[T]he relative dangerousness of a weapon is irrelevant when the weapon belongs to a class of arms commonly used for lawful purposes.” Id. California law presently permits the lethality of a gun with a 10-round magazine. In other words, a gun with an 11-round magazine or a 15-round magazine is apparently too lethal to be possessed by a law-abiding citizen. A gun with a 10-round magazine is not. Missing is a constitutionally-permissible standard for testing acceptable lethality. The Attorney General offers no objective standard. Heller sets out a commonality
====
If the “too lethal” standard is followed to its logical conclusion, the government may dictate in the future that a magazine of eight rounds is too lethal. And after that, it may dictate that a gun with a magazine holding three rounds is too lethal since a person usually fires only 2.2 rounds in self-defense. This stepped-down approach may continue32 until the time comes when government declares that only guns holding a single round are sufficiently lacking in lethality that they are both “safe” to possess and powerful enough to provide a means of self-defense.33
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