{"id":41305,"date":"2023-09-28T16:27:15","date_gmt":"2023-09-28T20:27:15","guid":{"rendered":"http:\/\/angry.net\/blog2\/?p=41305"},"modified":"2023-09-28T16:27:15","modified_gmt":"2023-09-28T20:27:15","slug":"judge-once-again-shoots-down-kalifornistans-magazine-bans","status":"publish","type":"post","link":"https:\/\/angry.net\/blog2\/?p=41305","title":{"rendered":"Judge once again shoots down Kalifornistan\u2019s magazine bans"},"content":{"rendered":"

Good day all. Kalifornistan, once known as California, has mutated into a single party Communist totalitarian state. For about 15-20 years or so, they have been stripping away the constitutional rights of the citizens, especially the 2nd<\/sup> Amendment rights. (Can\u2019t have the sheep having the means to rebel against their masters now)<\/p>\n

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Kalifornistan has banned guns by name and also has banned any magazine that hold more then 10 rounds. Since most semiautomatic firearms hold more then that, they can\u2019t be sold in Kalifornistan, or they are crippled and can only use 10 round magazines. (This doesn\u2019t effect most large bore pistols. The 1911 .45 generally holds 7-9 rounds including one in the chamber)<\/p>\n

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The magazine ban was challenged and last week the ban was overturned. It has been stayed pending the inevitable appeal by Supreme Party Secretary Govno Hair Gel Newsom. Here are the details from Reuters<\/b><\/a>:<\/p>\n

A federal judge in California on Friday declared that state’s ban on magazines that hold more than 10 rounds of ammunition unconstitutional, saying it violated the Second Amendment rights of firearms owners. <\/b><\/p>\n

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U.S. District Judge Roger Benitez in San Diego said California’s “sweeping ban” went too far by preventing people from using magazines for lawful purposes, including self-defense. <\/b><\/p>\n

“The history and tradition of the Second Amendment clearly supports state laws against the use or misuse of firearms with unlawful intent, but not the disarmament of the law-abiding citizen,” Benitez wrote in a 71-page decision.<\/b><\/p>\n

Benitez cited a June 2022 decision<\/a> by the U.S. Supreme Court, New York State Rifle & Pistol Association v Bruen, requiring that firearms restrictions be “consistent with this nation’s historical tradition of firearm regulation” to pass muster. <\/b><\/p>\n

Of course, that isn\u2019t what the Ruling Progressive Liberal Totalitarian Democrat Elite think. They are rather upset with this judge for telling their slaves that they can have the means to throw off their shackles.<\/p>\n

California Attorney General Rob Bonta, who enforces the state’s laws, plans to seek a stay while he appeals the decision to the 9th U.S. Circuit Court of Appeals in San Francisco. <\/b><\/p>\n

I believe that Kalifornistan has gone this route before. They get slapped down by the 3-judge panel, demand a full en banc hearing which then ignores the constitution. Then the plaintiffs appeal to the Supreme Court which then breaks out the judicial 2×4 and uses it to beat the constitution into the heads of the 9th<\/sup> circus, usually using this as a way to throw out more unconstitutional gun laws. (Rumor has it that Justice Thomas is looking for a case to trash the NFA)<\/p>\n

He said Californians need to be kept safe from weapons enhancements that are “designed” to cause mass casualties. <\/b><\/p>\n

“The Supreme Court was clear that Bruen did not create a regulatory straitjacket for states–and we believe that the district court got this wrong,” Bonta said. “We will move quickly to correct this incredibly dangerous mistake.” <\/b><\/p>\n

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Sadly, the judge stayed his ruling.<\/p>\n

Benitez delayed enforcing his injunction against the law for 10 days to give Bonta time to seek a stay. <\/b><\/p>\n

This isn\u2019t the \u201cFirst bite at the apple\u201d either.<\/p>\n

The judge had struck down the magazines ban in March 2019, but the 9th Circuit overturned him<\/a> in Nov. 2021. The Supreme Court vacated the appeals court ruling and ordered new proceedings consistent with the Bruen decision<\/a>. <\/b><\/p>\n

Judge Benitez is a Bush II appointee, and is also a refugee from Cuba. I suspect that he knows tyranny when he sees it and Kalifornistan is run by the same types of people his family fled in Cuba.<\/p>\n

Chuck Michel, president of the California Rifle & Pistol Association, in a statement, said Friday’s decision reflects the “sea change in the way courts must look at these absurdly restrictive laws.” <\/b><\/p>\n

I should, but it won\u2019t. The Progressive Elites absolutely despise the 2nd<\/sup> Amendment, (Actually, they despise the entire constitution), and will stop at nothing to make sure the people have no way of defending themselves when the pedophiles in Sacramento come for their children.<\/p>\n

California Governor Gavin Newsom, who has criticized Benitez for multiple decisions favoring firearms owners, had praised the appeals court ruling as a “huge victory for the health and safety of all Californians.” <\/b><\/p>\n

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Newsom is not paying any attention to the crime rate in the state he has mismanaged like a third world banana republic. People are coming to the conclusion, well the survivors anyway, that they can\u2019t rely on the police or their district attorneys to stop criminal activities. They want the means to protect themselves from both Criminals and the tyrants in Sacramento.<\/p>\n

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Govno Hair Gel Newsom has put forward the idea of basically repealing the 2nd<\/sup> Amendment and flat out confiscating people\u2019s firearms. He also thinks he has a shot at being president of the United States. The Amendment has zero chance since the majority of states have moved to Constitutional Carry, (Meaning that if you aren\u2019t a criminal, you can possess and carry a firearm without the permission of the State), with more looking to go that way.<\/p>\n

There is also the little problem that gun sales have been averaging 1 million+ per month and that many of these buyers are new gun owners. They aren\u2019t going to let the likes of Gruesome Newsom render then defenseless again. I suspect that this is going to eventually go to an en banc hearing of the 9th<\/sup> Circus, and once again, they will take a hit off their crack pipes and ignore the Constitution. Then the Supreme Court will come in and flat out state that magazines can not be limited in capacity. I\u2019m sure that the response from the ruling elite in Kalifornistan will look something like this.<\/p>\n