It’s been a long time since a judge did something so significant in defense of the Constitution in general and the 2nd Amendment in particular. U.S. District Court for the Southern District of California Judge Roger T. Benitez did so today in a crippling blow to the gun-grabbing authoritarians in California by writing an 86-page judicial statement against the ban on magazines that carry over 10 rounds.
Mainstream media pounced instantly on the news, mocking examples the judge used in coming to his conclusion. Benitez referenced instances where women ran out of bullets during home invasions. The media’s disdain for the decision will likely get worse once the circumstances behind it all become more clear.
Since 2000, California has had a ban on high-capacity magazines, but grandfathered in those who already possessed them. In 2016, California voters and legislators sought to strike the grandfather provision from the law, essentially making it illegal to possess the magazines regardless of when they were acquired. This is what brought it to Benitez’s desk. Now, it appears their attempt to tighten up the law may end up getting it struck down completely.
“Judge Benitez took the Second Amendment seriously and came to the conclusion required by the Constitution,” said NRA-ILA Executive Director Chris W. Cox. “The same should be true of any court analyzing a ban on a class of arms law-abiding Americans commonly possess for self-defense or other lawful purposes.”
Before any gun owners get too excited, this is almost certainly going to be overturned once the state challenges it in the 9th Circuit Court of Appeals. From there, it has a chance of reaching the Supreme Court. But based upon the sound reasoning and Constitutional originalism Benitez used in his statement, it’s a good chance the ban on high-capacity magazines could be reversed if it’s allowed to reach the highest court.
The statement by Benitez is a Constitutional masterpiece in defense of the 2nd Amendment. Very much worth the read.
If the Supreme Court upholds this ruling, it will be the biggest win for gun owners coming from the judiciary since District of Columbia v. Heller. Kudos to Judge Benitez for proving there’s still hope for the judiciary even in California.
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