Other State California's Mag Ban Ruled Unconstitutional

[USMC1911]

Funny thing is the people voted this crap into law so is anything going to really change in Cali? The laws are and will but the people, culture and disdain for the 2A not so much.

 

[Boss]

Just waiting for California to post judge Benitez's high school year book. Liberals don't like to take big "L" loses. As mentioned, since they can't argue facts they have to argue feelings.

Hopefully the California gun culture will dig up it's backbone that got buried somewhere in the 80s and start to really push back. Maybe enough will see how unnecessarily screwed they've been for decades.

^^This.

This is an opportunity for them (as well as OR and WA) to build some momentum. They have to participate in their own self-preservation. Like many states, once you get outside the major urban areas, you probably find many gun owners. But they gotta vote/make their voices heard

They're far from perfect, but things like this help restore some faith/standing in the large associations like NRA.

Boss

 

[tkdguy]

Funny thing is the people voted this crap into law so is anything going to really change in Cali? The laws are and will but the people, culture and disdain for the 2A not so much.

I understand your point but the judge addressed that in his decision; that the people, nor the legislature understand the history of the law, nor the constitutions, and are not empowered to over run the Federal courts. I think remotely this is why we are a republic and not a democracy for this particular reason. The judge noted that because something is popular the people's popular decision do not override the Federal history nor empirical or evaluation science. Following this most scientists know that popular opinion tested against science if almost always wrong. The Judge followed this logic. If you have or can read the entire Judge's decision, he addresses these issued in great detail. I think the decision is referenced early on in this forum.

 

[Boss]

^^ Truism:

'What's popular isn't always right. What's right isn't always popular.'

Feelings vs. Fact.

Boss

 

[awshoot]

... Hopefully the California gun culture will dig up it's backbone that got buried somewhere in the 80s and start to really push back. Maybe enough will see how unnecessarily screwed they've been for decades.

I don't know if that is a fair characterization. Imagine if Seattle made all our gun laws just by virtue of the population size and the fact that initiatives require only a simple majority. You can have all the backbone there is, you still get crushed.

Secondly, this lawsuit IS an example of pushing back (and not the only one -- CA gun cases have been handicapped by a hostile 9th Circuit and a SCOTUS denying review).

 

[nammac]

I just started reading and realized I'd seen surveillance video of the 2nd incident mentioned in the ruling:

Great 911 dispatcher, couldn't stand to listen further after the dispatcher asked for the 4th time how many people and got the same answer. Never asked for descriptions... if this is the quLity of 911 dispatchers in the Atlanta area, Lord help them...

 

[Baseacegoku]

That was one of the best decisions I have ever read from a sitting judge. Judge Benetiz for Supreme Court!

 

[tkdguy]

I am guessing and hoping I am wrong that Oregon will either ignore the Cali decision with intention to test their gun ban laws in the courts, or maybe slightly modify the proposed legislation. They could easily do the former because that is the way lawyer advocates think.

 

[nwslopoke]

I don't know if that is a fair characterization. Imagine if Seattle made all our gun laws just by virtue of the population size and the fact that initiatives require only a simple majority. You can have all the backbone there is, you still get crushed.

Secondly, this lawsuit IS an example of pushing back (and not the only one -- CA gun cases have been handicapped by a hostile 9th Circuit and a SCOTUS denying review).

I specifically called out their gun culture and not just Joe Sixpack. The average Californian really doesn't know any better. They should but they don't. The atmosphere of the state is apathetic to legal gun ownership at best case down to the distain level that Dianne Feinstein has for legal gun ownership.

I'm old enough to remember how it was growing up and there is very little comparison to today. Perhaps it was my relationships with the church, police, military and gangs but there were never a shortage of guns. But the last 20-30 years I dont recall there being much of a fight to stop it.

 

[Pandaz3]

^^ Truism:

'What's popular isn't always right. What's right isn't always popular.'

Feelings vs. Fact.

Boss

Why we have a Electoral College

 

[USMC1911]

I understand your point but the judge addressed that in his decision; that the people, nor the legislature understand the history of the law, nor the constitutions, and are not empowered to over run the Federal courts. I think remotely this is why we are a republic and not a democracy for this particular reason. The judge noted that because something is popular the people's popular decision do not override the Federal history nor empirical or evaluation science. Following this most scientists know that popular opinion tested against science if almost always wrong. The Judge followed this logic. If you have or can read the entire Judge's decision, he addresses these issued in great detail. I think the decision is referenced early on in this forum.

I have read the decision in its entirety. I understand rights are guarantee even if they are not popular. My point was that no matter what the judge/court says the antis in that state can and will make it as hard as possible to be/stay a gun owner. I fully expect them to test every limit of gun ownership in the courts. Seems that's what the constituency wants. Popular demand drives laws or politicians are out of a job. It's up to courts to determine the limits of said laws.

 

[User 1234]

There could be some contingency attorneys making decent money on pro-2A civil rights cases soon if the 9th does not reverse (or more likely after they reverse and the SCOTUS reverses the 9th). That fact will incentivize lawyers to take 2A cases. Criminal defense attorneys will also have more pro 2A laws to work with when defendants are arrested for not having their magazines stored alphabetically in precise humidity conditions as the next "harass the gun owners" law might require.

 

[Geardo]

I am guessing and hoping I am wrong that Oregon will either ignore the Cali decision with intention to test their gun ban laws in the courts, or maybe slightly modify the proposed legislation. They could easily do the former because that is the way lawyer advocates think.

Lol yeah they Will limit it to 12 or 15....

 

[tkdguy]

Lol yeah they Will limit it to 12 or 15....

You may be correct; but as the Cali Fed judge stated Ar 15 come with standard 30 round mags. If tested in the courts I am hoping that Oregon looses big and the anti voters pay a price for the stupid officials they elected.

 

[ZigZagZeke]

I specifically called out their gun culture and not just Joe Sixpack. The average Californian really doesn't know any better. They should but they don't. The atmosphere of the state is apathetic to legal gun ownership at best case down to the distain level that Dianne Feinstein has for legal gun ownership.

I'm old enough to remember how it was growing up and there is very little comparison to today. Perhaps it was my relationships with the church, police, military and gangs but there were never a shortage of guns. But the last 20-30 years I dont recall there being much of a fight to stop it.

I don't think we're much better here in Oregon. Half of gun owners didn't vote last time. We have too many who claim that it's no use to vote or work politically as an excuse to sit on their hands.

 

[Diamondback]

I don't think we're much better here in Oregon. Half of gun owners didn't vote last time. We have too many who claim that it's no use to vote or work politically as an excuse to sit on their hands.

Ditto here in WA. When 60% of 40% (read: "24%") make the rules for 100% with only 40% of 40% (read: "16%") raising voices in objection, that means you got 60% lazy-arse FREELOADERS who are at best posers.

If you're not actively AGAINST the Gun Grabbers you might as well be WITH them, for all the good you do for the cause! (Note: Liberal Gun Clubbers like Jim Colvill(sp?) are kind of a special case, I consider them a fifth column movement on behalf of the Gun Vote.)

 

[Geardo]

Stay filed. Can't express my hatred for CA here in words without getting banned.

Duncan v. Becerra | Michel & Associates, P.C.

 

[Basedgreaser]

So if mags are arms in the same way firearms are arms, in the same way ammo is arms, then would this open up the gate so to speak for magazine background checks just as ammo background checks have already been proposed just as firearm background checks have existed for years?

 

[tkdguy]

Here is a second commie decision from the wonderful New York State Appeals court upholds SAFE Act but rules against seven-bullet limit

Please look at the judge's opinion; from the anti-gun side. However, in California three cases of victims were reported to have been endangered by not have enough rounds to protect themselves.

 

[Diamondback]

Stay filed. Can't express my hatred for CA here in words without getting banned.

Duncan v. Becerra | Michel & Associates, P.C.

I can, Commiefornia needs to die in a wildfire. Hell A, San Fransh*thole and Crackramento in particular.

Was I the only one who rooted for the aliens up to about the first half of Independence Day?