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  • dfletcherdfletcher Member Posts: 8,154 ✭✭✭
    edited November -1
    "Magazines holding more than 10 rounds are ?arms.? California Penal Code Section 32310, as amended by Proposition 63, burdens the core of the Second Amendment by criminalizing the acquisition and possession of these magazines that are commonly held by law-abiding citizens for defense of self, home, and state. The regulation is neither presumptively legal nor longstanding. The statute hits at the center of the Second Amendment and its burden is severe. When the simple test of Heller is applied, a test that persons of common intelligence can understand, the statute fails and is an unconstitutional abridgment. It criminalizes the otherwise lawful acquisition and possession of common magazines holding more than 10 rounds ? magazines that law-abiding responsible citizens would choose for self-defense at home."

    Seems simple, but there will be much haggling over the conclusion. And CA legislators will do anything they can to make this not happen.
  • Ditch-RunnerDitch-Runner Member Posts: 22,768 ✭✭✭✭
    edited November -1
    even though Kalifornia is such a great protector of illegals rights with sanctuary cities free money and lawyer's to fight the government for all the the
    grand prizes they can bestow on the real lawbreakers they can and the state is billions in the hole doing so :x
    it will be screw the constitution and the american citizens they have no rights and will throw every thing and kitchen sink, pimp out there moms on the street corner to raze money to fight and turn over the decision back to there dictator ship.
    but I am glad to see at least some judges have common sense when following the 2nd and the rights of American citizens .
    it would be a great day to see it sweep across the country and wipe out all the BS laws and restrictions on legal gun owners who knows Jersey may allow 1 hollow point bullet next :o
  • Don McManusDon McManus Member Posts: 23,229 ✭✭✭✭
    edited November -1
    This is good news on a couple of levels.

    The first is obvious in that the injunction will at a minimum delay the criminality of possession of 11+ round magazines until the case is fully adjudicated.

    The second, and frankly more important, is that a judge in the 9th Circuit has again put the governmental restrictions of the Constitution above the emotion of the populace. Just as the Federal Courts struck down the voter approved amendment to California's Constitution banning the recognition of gay marriage, a Federal Court Judge has now placed an injunction upon the voter approved banning of 11+ round magazines. The larger point being, of course, that we may find our way in the future to actually see the fruition of the Federal Mandate stated in Article 4 Section 4 that would tend to push aside many of these mob-rule propositions and initiatives that have become popular as elected representatives cower in the face of public opinion.
    Freedom and a submissive populace cannot co-exist.

    Brad Steele
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