The Second Amendment Just Won in California
The left is such a fractured mess. They’ve lost so many political battles recently that it seems like they’re ready to become outright terrorists. They certainly don’t care about rights, laws or anything good in this world.
Worse, they’re as committed as ever to taking complete control of your life. The best example of that continues to be California. They pass more aggressive laws every day, and it’s only a matter of time before the entire Californian society collapses.
On the plus side, there are still good people doing the right thing in that state. Those good people just won a huge battle for gun rights, and you need to know about it.
Duncan v Becerra
This important case concluded just last Friday. It was seen by Judge Roger Benitez in the Southern District for California. If you didn’t hear about this case before it concluded, it was an important battle over gun magazine size and 2nd Amendment rights. To be more specific, Judge Benitez overturned a California law that limited gun magazine sizes. He didn’t just side with the 2nd Amendment, he eviscerated the law entirely.
Part of his explanation for the ruling is that “a few men with guns and ammunition turned millions of responsible, law-abiding people trying to protect themselves into criminals.” He went deeper, explaining that the tragedy of mass shootings don’t justify laws that impede the rights of law-abiding citizens.
He drove that point by citing three separate home invasions in California. In each instance, a woman tried to fight off the invasion with a firearm. Judge Benitez demonstrated how larger gun magazines could have helped those women and prevented a few tragedies.
If a California judge can be reasonable about gun laws and acknowledge that self-defense is more important than over reacting to mass shootings, maybe there’s still a little hope left.
The Long Standing Law
While it’s great to celebrate victories, it’s important to truly understand the nature of California’s high-capacity gun magazine laws. The particular legislation that just lost in court was enacted in 2016. It was an additional provision that increased limitations on magazine ownership.
Prior to 2016, it was illegal to purchase new gun magazines in California that held more than 10 rounds. The law did not penalize anyone who already owned such magazines. Their equipment was grandfathered into legal acceptance.
Proposition 63, passed in 2016, upped the stakes. It reversed that grandfathering and made it illegal for anyone to possess a high-capacity gun magazine, regardless of when it was purchased. That goes back to Judge Benitez’s point. It suddenly turned a bunch of law-abiding citizens into criminals.
The Next Battle
As much as this was a huge win for gun owners in California (and the NRA that fought hard to appeal Pro 63), it’s not the end of the story. State legislators are more than a little upset that one of their aggressive gun control laws was struck down. They’re already moving to appeal Judge Benitez’s ruling with the 9th Circuit Court of Appeals. This is where things get interesting.
The 9th Circuit is widely known as the most fanatically liberal and unapologetically unconstitutional force in this country. Despite that, they’ll have a hard time overturning Judge Benitez’s ruling. It falls right in line with Supreme Court rulings that guarantee the right to self-defense. D.C vs Heller is one such example. If the 9th Circuit upholds the law at all, Prop 63 will see it’s final death there.
Unfortunately, it’s not unlikely that the 9th Circuit will fail to uphold the law and defy Supreme Court rulings. They’ve never cared about legal integrity before, so hoping they’ll change that tune now is a bit naive.
What matters most is that it is now likely that the Supreme Court will see this case if the 9th Circuit fails. Since President Trump has managed to get a few good people onto the Supreme Court, they’ve been more willing to see cases that limit the corruption of the 9th Circuit. At this point precedent is still on the side of gun owners, so it’s very likely that California residents will ultimately keep their magazines.
You can see what a mess this is. We’re only discussing one gun control law. There are hundreds more being fought across the country, and not all of them see victories like this. The liberals still want your guns, and it seems that they grow bolder and more desperate every day. It’s up to you to stay on top of these battles and make sure our lawmakers respect our rights.