Tag Archives: CALIFORNIA

Federal Court Finds California Magazine Ban Violates the Second Amendment

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Major 2nd Amendment boost! Judge overturns California’s ban on “high-capacity” magazines, the ban was “turning the Constitution upside down.” READ MORE

high capacity magazine

SOURCE: NRA-ILA

In one of the strongest judicial statements in favor of the Second Amendment to date, Judge Roger T. Benitez of the U.S. District Court for the Southern District of California determined last Friday that California’s ban on commonly possessed firearm magazines violates the Second Amendment.

The case is Duncan v. Becerra.

The NRA-supported case had already been up to the U.S. Court of Appeals for the Ninth Circuit on the question of whether the law’s enforcement should be suspended during proceedings on its constitutionality. Last July, a three judge panel of the Ninth Circuit upheld Judge Benitez’s suspension of enforcement and sent the case back to him for further proceedings on the merits of the law itself.

Judge Benitez rendered his opinion late Friday afternoon and handed Second Amendment supporters a sweeping victory by completely invalidating California’s 10-round limit on magazine capacity. “Individual liberty and freedom are not outmoded concepts,” he declared.

In a scholarly and comprehensive opinion, Judge Benitez subjected the ban both to the constitutional analysis he argued was required by the U.S. Supreme Court in District of Columbia v. Heller and a more complicated and flexible test the Ninth Circuit has applied in prior Second Amendment cases.

Either way, Judge Benitez ruled, the law would fail. Indeed, he characterized the California law as “turning the Constitution upside down.” He also systematically dismantled each of the state’s purported justifications for the law, demonstrating the factual and legal inconsistencies of their claims.

NRA-ILA Executive Director Chris W. Cox hailed the decision as a “huge win for gun owners” and a “landmark recognition of what courts have too often treated as a disfavored right.”

“Judge Benitez took the Second Amendment seriously and came to the conclusion required by the Constitution,” Cox said. “The same should be true of any court analyzing a ban on a class of arms law-abiding Americans commonly possess for self-defense or other lawful purposes.”

Unfortunately, Friday’s opinion is not likely to be the last word on the case. The state will likely appeal to the Ninth Circuit, which has proven notably hostile to the Second Amendment in past decisions.

Nevertheless, the thoroughness of Judge Benitez’s analysis should give Second Amendment supporters the best possible chance for success in appellate proceedings, particularly if the case ultimately lands before the U.S. Supreme Court.

In the meantime, Friday’s order prohibits California from enforcing its magazine restrictions, leaving its law-abiding residents safer and freer, at least for the time being.

To stay up-to-date on the Duncan case and other important Second Amendment issues affecting California gun owners, click HERE. And be sure to subscribe to NRA-ILA and CRPA email alerts HERE and HERE.

Anti-Gun Democrat Proposes Banning Semi-Autos and Going After “Resisters”

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Don’t believe the smoke screen: the anti-gun agenda won’t rest until they’ve got your gun… READ MORE

swallwell

SOURCE: NRA-ILA

The May 11, 2018 headline of the USA Today op-ed said it all. Anti-gun Congressman Eric Swalwell (D-Calif.) last week advocated for legislation to ban an as-yet undetermined class of semi-automatic firearms and to “go after resisters” who refuse to relinquish their lawfully-acquired firearms. Lest anyone mistake his intentions, Swalwell followed up with a lengthy NBC News interview this week in which he made clear that his own proposal is a departure from prior gun bans that allowed those who obtained the firearms when they were lawful to keep them. Swalwell said that after thinking “about the different ways to address it … I concluded the only way to do this is to get those weapons out of our communities.”

According to the NBC piece, Swalwell is modeling his own proposal on laws passed during the 1990s in Australia. The article then inaccurately states, “But while Australia comes up often in gun debates, almost no prominent figures have proposed national laws that would demand that gun owners turn in existing weapons en masse.”

The truth is that anyone who suggests the United States should adopt Australian-style gun control — a club that includes such infamous gun ban advocates as Barack Obama and Hillary Clinton — is by definition advocating for the forcible disarming of “resisters.” That, in fact, was the signature feature of the Australian approach.

The widespread disarming of Australian citizens occurred through a comprehensive scheme that proceeded as follows. What is no longer debatable, however, is the true agenda and ideology that lies behind the gun control project in America. It is the abolition of the right to gun ownership in America as we know it … “resisters” be damned.

First, the various political subdivisions within Australia unanimously agreed to a uniform ban on large categories of popular firearms. The ban was both retroactive and prospective.

Second, the government instituted “amnesty” periods, which allowed those who had previously acquired the newly-banned firearms lawfully to surrender them to the government for a fixed and nonnegotiable rate of compensation.

Third, and most importantly, anyone who refused to relinquish their formerly lawful property was to be treated as an armed criminal, with all the physical jeopardy and legal consequences that entails.

The Australian government also uses a “may-issue” licensing scheme for firearm acquisition, which among other things requires an applicant to show a “genuine reason” for needing the gun. Self-defense — which the U.S. Supreme Court considers the “central component” of America’s right to keep and bear arms – is not recognized under Australian law as a permissible reason for the acquisition, ownership, or use of a firearm.

Australian-style gun control, in other words, is completely foreign to and incompatible with America’s history, tradition, and rights of firearm ownership. Simply put, there is no reconciling Australian-style gun control with America’s Second Amendment, a fact which even some gun control advocates in their more candid moments are willing to admit.

If Swalwell has distinguished himself at all from other American advocates of the Australian approach, it’s because he is willing to be more forthcoming about the fact that it would turn millions of formerly law-abiding Americans into armed “criminals” with the stroke of a pen.

In his NBC interview, however, he tried to have it both ways.

First, he insisted:

I’m not proposing a roundup or confiscation. It would be like anything else that’s banned: If you’re caught with it there would be a steep penalty. Any fear of ATF agents going door to door to collect assault weapons is unfounded and not what is proposed here. They don’t go collecting drugs that are banned or any other substance or weapon that’s banned and I’m not proposing that here.

That, of course, is a lie. Law enforcement agents with enough probable cause that someone possesses drugs or other contraband to get a warrant absolutely do go after the contraband. Some might even say they are duty-bound to do so. A quick Internet search will show you what that looks like in the real world.

Anybody who illegally possesses a contraband firearm potentially risks the same treatment. Swalwell, who touts his credentials as a former prosecutor, surely knows that.

But when asked to elaborate about the “stiff penalties” that would supposedly ensure compliance with his scheme, Swalwell seemingly contradicted his no-confiscation stance, stating, “I’d want to first get the gun.”

To their credit, NBC asked Swalwell directly whether he was “prepared for some of the confrontations that might erupt from this,” adding, “You’re surely familiar with the slogan, ‘I’ll give you my gun when you pry it from my cold dead hands.’” Swalwell brushed aside the question, indicating that Parkland survivors who have been advocating for gun control have given him “courage” for resolute action.

The actions he is calling for, however, carry inherent risks of further unnecessary loss of innocent life.

But that is what the gun “debate” has come to in America, with at least one gun control advocate so emboldened that he’s openly willing to put violent confrontations on the table to advance the agenda.

Whether Rep. Swalwell is serious or whether he is just hoping to move the Overton Window on what is considered legitimate rhetoric in the realm of gun control policy is perhaps debatable.

What is no longer debatable, however, is the true agenda and ideology that lies behind the gun control project in America. It is the abolition of the right to gun ownership in America as we know it … “resisters” be damned.