Federal Judge Just Blocked New
California Law That Bans One Of Our Constitutional Rights
By
Posted on July 5, 2017
Get ready to be surprised – a district judge just did something right.
Since pretty much every one of Trump’s moves to protect the country have been
blocked by a district judge, you’d be right to assume they’re all liberals. All,
perhaps, except this one.
blocked by a district judge, you’d be right to assume they’re all liberals. All,
perhaps, except this one.
Because this one just blocked a new California law. A gun control law, on the basis
that it would violate the 2nd Amendment.
that it would violate the 2nd Amendment.
There’s no better news I can think of to follow the Fourth of July.
The Daily Caller reports:
A federal judge granted a preliminary injunction Thursday preventing California
from enforcing its gun magazine confiscation law.
from enforcing its gun magazine confiscation law.
U.S. District Judge Roger T. Benitez said that the law, which prohibits the possession
of a magazine with a capacity exceeding 10 rounds of ammunition, likely violates the
Second Amendment rights of the plaintiffs in the suit.
of a magazine with a capacity exceeding 10 rounds of ammunition, likely violates the
Second Amendment rights of the plaintiffs in the suit.
As a result, he ordered the state to immediately cease enforcing the law, pending
further legal developments.
further legal developments.
Now, if California’s law seems silly, there’s good reason – it is. It’s a way to get around
gun control laws without actually making the laws about guns. But it’s a loophole
Judge Benitez spotted quickly. If it restricts your right to own and operate your firearm,
it’s a violation of the 2nd Amendment.
gun control laws without actually making the laws about guns. But it’s a loophole
Judge Benitez spotted quickly. If it restricts your right to own and operate your firearm,
it’s a violation of the 2nd Amendment.
“The Court does not lightly enjoin a state statute, even on a preliminary basis,” Benitez
said in the ruling.
said in the ruling.
“However, just as the Court is mindful that a majority of California voters approved
Proposition 63 and that the government has a legitimate interest in protecting the
public from gun violence, it is equally mindful that the Constitution is a shield from
the tyranny of the majority.”
Proposition 63 and that the government has a legitimate interest in protecting the
public from gun violence, it is equally mindful that the Constitution is a shield from
the tyranny of the majority.”
Given that the feds are now being sent to Chicago to help with its out-of-
control crime, it’s hard to believe that Californians even think that gun control
laws work.
control crime, it’s hard to believe that Californians even think that gun control
laws work.
Chicago has some of the toughest gun control laws in the country, and also one
of the highest levels of gun violence. It’s simple math. And yet, the liberal belief persists.
of the highest levels of gun violence. It’s simple math. And yet, the liberal belief persists.
And libs in the state are predictably furious. Including the state’s own Attorney
General, who tried to frame the issue as one of ‘the will of California voters.’
General, who tried to frame the issue as one of ‘the will of California voters.’
But voters, by themselves, can’t just break the Constitution. In fact, that’s one of
the main reasons for the Constitution.
the main reasons for the Constitution.
Bravo to Judge Benitez, and thank you for bringing honor back to district courts.
Source: Daily Caller
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