Jump to content

Y'all read this and let me know what you think.


gwalchmai
 Share

Recommended Posts

This Judge Roger T. Benitez  is a breath of fresh air. I hope nothing happens to him.

"Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle, the AR-15 is the kind of versatile gun that lies at the intersection of the kinds of firearms protected under District of Columbia v. Heller, 554 U.S. 570 (2008) and United States v Miller, 307 U.S. 174 (1939). Yet, the State of California makes it a crime to have an AR15 type rifle. Therefore, this Court declares the California statutes to be unconstitutional."

Read the whole thing, or most of it. It's worthwhile.

https://d3n8a8pro7vhmx.cloudfront.net/firearmspolicycoalition/pages/5381/attachments/original/1622850515/Miller_v_Bonta_Opinion.pdf?1622850515

  • Like 5
Link to comment
Share on other sites

7 minutes ago, Historian said:

I think he tossed it out there.  But he's going to get challenged and lose within the judicial system in California.

i happen to agree with him.   

If he is a federal judge, California courts can’t touch his ruling. The state might chose to appeal it to a higher federal court. 

  • Like 1
Link to comment
Share on other sites

2 hours ago, railfancwb said:

If he is a federal judge, California courts can’t touch his ruling. The state might chose to appeal it to a higher federal court. 

He's federal.  There are plenty of people above him to appeal too.  His court appeals to the 9th.   I'm certain someone is shopping for a new judge.

Link to comment
Share on other sites

anything can be Appealed in any Court at anytime at this point.

But,

it set a Precedent, not just in the ;'Swiss Army Knife' Comparison but also in Defining ARs as 'Normal' and 'Popular'

Justice Scalia noted how hard it is to Ban or Limit or even Regulate something that is owned by Millions of Americans.

also no one has Defined Assault Weapon as anything other then a Common Rife with now Common and popular Features.

its a good Precedent.

  • Like 2
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share

  • Please Donate To TBS

    Please donate to TBS.
    Your support is needed and it is greatly appreciated.
×
×
  • Create New...