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DEFINITELY a CNN article!!

 

Liberal spin at its very worst!!

 

 

Kudos to Judge Benitez!!!

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52 minutes ago, Blackwater 53393 said:

DEFINITELY a CNN article!!

 

Liberal spin at its very worst!!

 

 

Kudos to Judge Benitez!!!

You should have seen the newscast.

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Posted (edited)

I agree, the Swiss Army Knife was a poor comparison.

 

And an AR-15 is not designed for war!   It's a semi-auto.  :rolleyes:

 

Compare the price the U.S. Gov't pays for a modern Assault Rifle and the AR-15!!!!

 

 

 

.

Edited by Birdgun Quail, SASS #63663
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The judge did not re-write the 2nd Amendment....he seems to have just re-read it.

 

Boy Howdy, that is one more miracle, for a California judge to do that. 

 

One more proof that prayer does work...on His time, that is. 

 

Way to go judge!!! Ya done not only good...but ya done the right thing. 

 

Praise the Lord, and pass the cathead buttermilk biscuits!!!

 

W.K. 

 

 

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I would like to read his ruling.  He previously overturned the 10 round mag ban on quite solid grounds.  His opinions seem to be written with a clear understanding of law and previous cases like heller.  They are not based on emotion or activism, but rule of law. 

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Any judge that overturns this ruling will have to be very specific as to why they did so.  This could define the argument and set it up for the SCOTUS to take on the case.  This is not something the liberals want right now with a 6-3 conservative court.  This could be fun to watch.

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We're used to seeing Judge Benitez make logical calls that are immediately trounced by the Ninth Circus.

 

Personally, I'd rather see his judgement on California's ammunition purchase quagmire/debacle reinstated.  Buying ammo here has been made into an exercise in idiocy:

 

851362359_CRPAAmmoFlowchart.thumb.jpg.a107126cd1b38731a00bd3766618cf5e.jpg

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Good thing my M1a is not an assault rifle but my HK-91 is 

but after I found out about Cowboy shooting they are pretty much safe queens 

we had gotten around the ban with a "flag: behind the pistol grip so it not  a pistol grip

then a magnetic Bullet button  

same judge reversed Ca ban on normal size mags a few years and we still only have 10 round mags on store shelves .. at first they even wanted to ban level guns with more than 10 rounds but we got 14 round lever guns allowed 

I hope it gets fast tracked to supreme but am not holding my breath 

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Posted (edited)
On 6/5/2021 at 5:44 PM, Still hand Bill said:

I would like to read his ruling.  He previously overturned the 10 round mag ban on quite solid grounds.  His opinions seem to be written with a clear understanding of law and previous cases like heller.  They are not based on emotion or activism, but rule of law. 

Here you go:

 

https://oag.ca.gov/system/files/attachments/press-docs/Decision -- Miller 20210604.pdf

 

What I found interesting was his analysis under the 2A.

 

There is the Heller test, there is the sliding scale test.

 

There is the 9th Circuit test.

 

All discussed in the ruling.

 

Benitez applied Heller in the context of home defense, but then he went further and evaluated the AR-15 platform under a McDonald test.

 

He found the ban unconstitutional under both the operant and prefatory clauses. I have not seen a prefatory clause basis under law other than Miller.

Edited by John Kloehr
Changed "McDonald" to "Miller"; Thanks, SubDeacon Joe!
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43 minutes ago, John Kloehr said:

What I found interesting was his analysis under the 2A.

 

There is the Heller test, there is the sliding scale test.

 

There is the 9th Circuit test.

 

All discussed in the ruling.

 

I would like to have seen the 1939 Miller decision brought in.   That decision brought in the common use test, and also the requirement that a firearm have "some reasonable relationship to the preservation or efficiency of a well regulated militia."

 

And

 

"The signification attributed to the term Militia appears from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved commentators. These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense. 'A body of citizens enrolled for military discipline.' And further, that ordinarily when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time."
 
Since in theory during an emergency and under martial law the military can go door to door and say, "Hi.  You just volunteered.   Show up at the fairgrounds in half an hour,  bring your rifle and ammo.   Have a nice day. "  And since the most common iteration of the AR-15 uses 5.56 NATO and has many parts compatible with standard issue military rifles it is quite easy to make the case that the AR does have a "reasonable relationship."
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On 6/5/2021 at 3:14 PM, Hardpan Curmudgeon SASS #8967 said:

We're used to seeing Judge Benitez make logical calls that are immediately trounced by the Ninth Circus.

 

Personally, I'd rather see his judgement on California's ammunition purchase quagmire/debacle reinstated.  Buying ammo here has been made into an exercise in idiocy:

 

851362359_CRPAAmmoFlowchart.thumb.jpg.a107126cd1b38731a00bd3766618cf5e.jpg

In the 9th Circus if a judge has a least one case on an issue all cases that are filed on that broad issue are assigned to that judge.  That is why Judge Benitez has issued opinions on magazine limits, 

 

2 minutes ago, Subdeacon Joe said:

 

I would like to have seen the 1939 Miller decision brought in.   That decision brought in the common use test, and also the requirement that a firearm have "some reasonable relationship to the preservation or efficiency of a well regulated militia."

 

And

 

"The signification attributed to the term Militia appears from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved commentators. These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense. 'A body of citizens enrolled for military discipline.' And further, that ordinarily when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time."
 
Since in theory during an emergency and under martial law the military can go door to door and say, "Hi.  You just volunteered.   Show up at the fairgrounds in half an hour,  bring your rifle and ammo.   Have a nice day. "  And since the most common iteration of the AR-15 uses 5.56 NATO and has many parts compatible with standard issue military rifles it is quite easy to make the case that the AR does have a "reasonable relationship."

The anti 2A majority in the 9th Circus have repeatedly shown they can generate illogical anti 2A opinions.  Just read the recent opinion that the people have no right to bear arms outside the home.  To support their opinion they didn't cite any US case law, only international law.  They also ignored their recent opinion in Peruda. They like other anti 2A circuits they continue to use intermediate scrutiny when evaluating 2A cases;  which blatantly ignores the opinion in Heller which elevated the 2A to same status a other BOR amendments involving civil rights.

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I just hope I live long euff to bay 25 round mag for our 10-22

since I found cowboy shooten  my bad guns have been safe qweens

 

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14 minutes ago, J.D. Daily said:

In the 9th Circus if a judge has a least one case on an issue all cases that are filed on that broad issue are assigned to that judge.  That is why Judge Benitez has issued opinions on magazine limits, 

 

The anti 2A majority in the 9th Circus have repeatedly shown they can generate illogical anti 2A opinions.  Just read the recent opinion that the people have no right to bear arms outside the home.  To support their opinion they didn't cite any US case law, only international law.  They also ignored their recent opinion in Peruda. They like other anti 2A circuits they continue to use intermediate scrutiny when evaluating 2A cases;  which blatantly ignores the opinion in Heller which elevated the 2A to same status a other BOR amendments involving civil rights.

 

 

One of the members of that court pointed out the contortions a few years ago.  

9th Circuit Judge Kozinski’s masterful dissenting opinion.  http://gunsonthestreets.com/wp/2012/05/silveira-v-lockyer-judge-kozinskis-dissenting-opinion/ In part:

 

“My excellent colleagues have forgotten these bitter lessons of history. The prospect of tyranny may not grab the headlines the way vivid stories of gun crime routinely do. But few saw the Third Reich coming until it was too late. The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed—where the government refuses to stand for reelection and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees. However improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once.

Fortunately, the Framers were wise enough to entrench the right of the people to keep and bear arms within our constitutional structure. The purpose and importance of that right was still fresh in their minds, and they spelled it out clearly so it would not be forgotten. Despite the panel’s mighty struggle to erase these words, they remain, and the people themselves can read what they say plainly enough:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

The sheer ponderousness of the panel’s opinion—the mountain of verbiage it must deploy to explain away these fourteen short words of constitutional text—refutes its thesis far more convincingly than anything I might say. The panel’s labored SILVEIRA v. LOCKYER 5983 effort to smother the Second Amendment by sheer body weight has all the grace of a sumo wrestler trying to kill a rattlesnake by sitting on it—and is just as likely to succeed.”

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Posted (edited)
1 hour ago, Subdeacon Joe said:

 

I would like to have seen the 1939 Miller decision brought in.   That decision brought in the common use test, and also the requirement that a firearm have "some reasonable relationship to the preservation or efficiency of a well regulated militia."

 

Oops, my bad! I wrote McDonald but meant Miller. I'll go back and edit my post.

 

Edit: Changed my post. Miller was the SCOTUS decision applying a prefatory clause test, and this is a test Benitez incorporated in his ruling.

Edited by John Kloehr
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Posted (edited)

What most all commentary fails to report is that Miller (1939) wasn't decided on the merits of the case at all!!  The Miller decision was reached by default!!  The plaintiffs in that Miller case failed to appear for the hearing and, in failing to present their side of the argument, allowed the court to rule without ever hearing the plaintiff's evidence or argument!!

 

It's been theorized that had Miller et al appeared in court and presented even a mediocre case, the outcome would have been entirely opposite to that which was handed down!

 

 

 

Edited by Blackwater 53393
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