| | | quote | Originally posted by 2.5:
Wow, good news for California! I just got this from a retailer in an email.
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I found a copy of the judge's order and it's amazing!
In a
120 PAGE order, United States District Judge, Roger T. Benitez absolutely
ROASTED both California's ammo law
and California AG, Xavier Becerra
Here is the start of the order:
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIAKIM RHODE, et al.,
Plaintiffs,
v.
XAVIER BECERRA, in his official capacity as Attorney General of the State of California,
Defendant.
Case No.: 18-cv-802-BEN
ORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTIONThe experiment has been tried. The casualties have been counted. California’s new ammunition background check law misfires and the Second Amendment rights of California citizens have been gravely injured. In this action, Plaintiffs seek a preliminary injunction enjoining California’s onerous and convoluted new laws requiring ammunition purchase background checks and implementing ammunition anti-importation laws. For the reasons that follow,
the motion for preliminary injunction is granted. (emphasis mine)
The purported state interest to be achieved by these new laws is keeping ammunition out of the hands of prohibited Californians. These new laws are constitutionally defective for several reasons.
First, criminals, tyrants, and terrorists don’t do background checks. The background check experiment defies common sense while unduly and severely burdening the Second Amendment rights of every responsible, gun-owning citizen desiring to lawfully buy ammunition.
...
There is only one policy enshrined in the Bill of Rights. Guns and ammunition in the hands of criminals, tyrants and terrorists are poisonous; guns in the hands of law-abiding responsible citizens are the antidote.
To give full life to the core right of self-defense, every law-abiding responsible individual citizen has a constitutionally-protected right to keep and bear firearms and ammunition.
No legislature or popular vote has the constitutional authority to dictate to a citizen that he or she may not acquire ordinary and popular ammunition for his or her guns. Nor may the acquisition process be made so unreasonably difficult that she simply throws up her hands and surrenders the right. Plaintiffs have made a sufficient showing of their likelihood of succeeding on the merits of the Second Amendment claims.
............................................................................................
The full text of the judge's order is here if you want to read all of it. It's a VERY well crafted order and clearly tells what his forthcoming final order in this case will be and sets up his that final order to be pretty much "appeal proof" in terms of the
"9th Circus" trying to overturn it without an immediate cert to the SCOTUS.
https://freebeacon.com/wp-c...asd_.571335.60.0.pdf[This message has been edited by randye (edited 04-25-2020).]
