Has anyone read the opinion tossing CA's mag ban?

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Has anyone read the opinion tossing CA's mag ban?

Postby jdege on Fri Apr 05, 2019 4:27 pm

Has anyone read the opinion tossing Califronia's standard-size magazine ban?

It makes a very good start...

http://michellawyers.com/wp-content/uploads/2019/03/Duncan-2019-03-29-Order-Granting-Plaintiffs-MSJ.pdf

ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT, DECLARING CALIFORNIA PENAL CODE § 32310 UNCONSTITUTIONAL and ENJOINING ENFORCEMENT

Individual liberty and freedom are not outmoded concepts. “The judiciary is – and is often the only – protector of individual rights that are at the heart of our democracy.” -- Senator Ted Kennedy, Senate Hearing on the Nomination of Robert Bork, 1987.

I. INTRODUCTION

As two masked and armed men broke in, Susan Gonzalez was shot in the chest. She made it back to her bedroom and found her husband’s .22 caliber pistol. Wasting the first rounds on warning shots, she then emptied the single pistol at one attacker. Unfortunately, now out of ammunition, she was shot again by the other armed attacker.

She was not able to re-load or use a second gun. Both she and her husband were shot twice. Forty-two bullets in all were fired. The gunman fled from the house — but returned. He put his gun to Susan Gonzalez’s head and demanded the keys to the couple’s truck.

When three armed intruders carrying what look like semi-automatic pistols broke into the home of a single woman at 3:44 a.m., she dialed 911. No answer. Feng Zhu Chen, dressed in pajamas, held a phone in one hand and took up her pistol in the other and began shooting. She fired numerous shots. She had no place to carry an extra magazine and no way to reload because her left hand held the phone with which she was still trying to call 911. After the shooting was over and two of the armed suspects got away and one lay dead, she did get through to the police. The home security camera video is dramatic.

A mother, Melinda Herman, and her nine-year-old twins were at home when an intruder broke in. She and her twins retreated to an upstairs crawl space and hid. Fortunately, she had a .38 caliber revolver. She would need it. The intruder worked his way upstairs, broke through a locked bedroom door and a locked bathroom door, and opened the crawl space door. The family was cornered with no place to run. He stood staring at her and her two children. The mother shot six times, hitting the intruder five times, when she ran out of ammunition. Though injured, the intruder was not incapacitated. Fortunately, he decided to flee.
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Has anyone read the opinion tossing CA's mag ban?

Postby gun_fan111v2 on Fri Apr 05, 2019 7:19 pm

Thanks for posting the link
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Re: Has anyone read the opinion tossing CA's mag ban?

Postby Ghost on Fri Apr 05, 2019 7:30 pm

Yes, that’s a pretty good judge there.
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Re: Has anyone read the opinion tossing CA's mag ban?

Postby jdege on Fri Apr 05, 2019 9:01 pm

3. Lethality is Not the Test

Some say that the use of “large capacity magazines” increases the lethality of gun violence. They point out that when large capacity magazines are used in mass shootings, more shots are fired, more people are wounded, and more wounds are fatal than in other mass shootings.31 That may or may not be true. Certainly, a gun when abused is lethal. A gun holding more than 10 rounds is lethal to more people than a gun holding less than 10 rounds, but it is not constitutionally decisive. Nothing in the Second Amendment makes lethality a factor to consider because a gun’s lethality, or dangerousness, is assumed. The Second Amendment does not exist to protect the right to bear down pillows and foam baseball bats. It protects guns and every gun is dangerous.
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Re: Has anyone read the opinion tossing CA's mag ban?

Postby Bearcatrp on Sat Apr 06, 2019 6:29 am

That judge deserves a raise. To bad we don’t have more judges like him.
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