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Federal judge blocks CA's ammunition background check law
Posted:
Fri Apr 24, 2020 8:56 amby jdege
https://michellawyers.com/wp-content/uploads/2020/04/2020-04-23-Order-Granting-MPI.pdfORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTIONThe 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.
Re: Federal judge blocks CA's ammunition background check law
Posted:
Fri Apr 24, 2020 9:01 amby Holland&Holland
Awesome.
Re: Federal judge blocks CA's ammunition background check law
Posted:
Fri Apr 24, 2020 9:27 amby GoodDoctor
Precision and accuracy, in a legal ruling! Magnificent. Now, let's start copying and pasting dear judges.
Re: Federal judge blocks CA's ammunition background check law
Posted:
Fri Apr 24, 2020 9:41 amby Ghost
Good
Re: Federal judge blocks CA's ammunition background check law
Posted:
Fri Apr 24, 2020 9:42 amby Bearcatrp
Common sense ruling. We need more of these.
Re: Federal judge blocks CA's ammunition background check law
Posted:
Fri Apr 24, 2020 1:50 pmby Lumpy
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.
Re: Federal judge blocks CA's ammunition background check law
Posted:
Fri Apr 24, 2020 4:17 pmby yukonjasper
Is this a fruit from the Trump appointment tree?
Re: Federal judge blocks CA's ammunition background check law
Posted:
Sat Apr 25, 2020 6:05 pmby Lumpy
Re: Federal judge blocks CA's ammunition background check law
Posted:
Sat Apr 25, 2020 9:27 pmby BigBlue
"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>
Re: Federal judge blocks CA's ammunition background check law
Posted:
Sat Apr 25, 2020 11:15 pmby Holland&Holland
Re: Federal judge blocks CA's ammunition background check law
Posted:
Sun Apr 26, 2020 6:15 amby Rip Van Winkle
The 9th circus isn't as overwhelmingly liberal as it was, but still majority liberal.