Federal judge blocks CA's ammunition background check law

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Federal judge blocks CA's ammunition background check law

Postby jdege on Fri Apr 24, 2020 8:56 am

https://michellawyers.com/wp-content/uploads/2020/04/2020-04-23-Order-Granting-MPI.pdf
ORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION
The experiment has been tried. The casualties have been counted. California’s new ammunition background check law misfires and the Second Amendment rights of California citizens have been gravely injured. In this action, Plaintiffs seek a preliminary injunction enjoining California’s onerous and convoluted new laws requiring ammunition purchase background checks and implementing ammunition anti-importation laws. For the reasons that follow, the motion for preliminary injunction is granted.

The purported state interest to be achieved by these new laws is keeping ammunition out of the hands of prohibited Californians. These new laws are constitutionally defective for several reasons. First, criminals, tyrants, and terrorists don’t do background checks. The background check experiment defies common sense while unduly and severely burdening the Second Amendment rights of every responsible, gun-owning citizen desiring to lawfully buy ammunition. Second, the implementing regulations systematically prohibit or deter an untold number of law-abiding California citizen-residents from undergoing the required background checks. Third, in the seven months since implementation, the standard background check rejected citizen-residents who are not prohibited persons approximately 16.4 % of the time. Fourth, the ammunition anti-importation laws directly violate the federal dormant Commerce Clause.
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Re: Federal judge blocks CA's ammunition background check law

Postby Holland&Holland on Fri Apr 24, 2020 9:01 am

Awesome.
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Re: Federal judge blocks CA's ammunition background check law

Postby GoodDoctor on Fri Apr 24, 2020 9:27 am

Precision and accuracy, in a legal ruling! Magnificent. Now, let's start copying and pasting dear judges.
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Re: Federal judge blocks CA's ammunition background check law

Postby Ghost on Fri Apr 24, 2020 9:41 am

Good
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Re: Federal judge blocks CA's ammunition background check law

Postby Bearcatrp on Fri Apr 24, 2020 9:42 am

Common sense ruling. We need more of these.
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Re: Federal judge blocks CA's ammunition background check law

Postby Lumpy on Fri Apr 24, 2020 1:50 pm

I'm surprised at the language Judge Benitez used. Usually legal decisions are written in fairly dry neutral language, but the linked text heaps scorn on the ammunition law and those who promoted it.
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Re: Federal judge blocks CA's ammunition background check law

Postby yukonjasper on Fri Apr 24, 2020 4:17 pm

Is this a fruit from the Trump appointment tree?
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Re: Federal judge blocks CA's ammunition background check law

Postby Lumpy on Sat Apr 25, 2020 6:05 pm

Injunction stayed, background checks back in force:

https://www.nraila.org/articles/2020042 ... strictions
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Re: Federal judge blocks CA's ammunition background check law

Postby BigBlue on Sat Apr 25, 2020 9:27 pm

"Emergency motion" Yeah, because it is so bad that people can buy ammo without a background check. Not like every other state allows it and California allowed it for most of its existence until a few years ago. <insert derogatory exclamation here that would probably be deleted by moderator>
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Re: Federal judge blocks CA's ammunition background check law

Postby Holland&Holland on Sat Apr 25, 2020 11:15 pm

Lumpy wrote:Injunction stayed, background checks back in force:

https://www.nraila.org/articles/2020042 ... strictions

Infringers be infringing
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Re: Federal judge blocks CA's ammunition background check law

Postby Rip Van Winkle on Sun Apr 26, 2020 6:15 am

The 9th circus isn't as overwhelmingly liberal as it was, but still majority liberal.
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