California cannot ban gun owners from having detachable magazines that hold more than 10 rounds, a federal judge ruled Friday.
The decision from U.S. District Judge Roger Benitez won’t take effect immediately. California Attorney General Rob Bonta, a Democrat, has already filed a notice to appeal the ruling. The ban is likely to remain in effect while the case is still pending.
This is the second time Benitez has struck down California’s law banning certain types of magazines. The first time he struck it down — way back in 2017 — an appeals court ended up reversing his decision.
Ok, we have now established that I am debating with someone from a different country. You obviously care way too much about the freedoms enjoyed by Americans, considering that the Second Amendment doesn't apply to or affect you at all.
That ban is illegal per the Second Amendment. It doesn't matter what Jefferson and Madison intended, because the text of the amendment, a legal document, prohibits the government from infringing on the right of the people to keep and bear arms. Period. You can't change your mind without amending the document, just like you can't arbitrarily go and change a contract agreement after you've signed it.
Same thing. Just because it happened doesn't mean it was legal. Source: 2nd Amendment, U.S. Constitution
The NFA is so illegal. The ATF needs to be abolished and the NFA should be overturned or repealed. There is no way to reconcile the NFA with the 2nd Amendment.
Man, I hate it when Europeans chime in about the Second Amendment. You really have no idea what you're talking about.
Wrong. American and from the south, no less. 0 points for you ad hominem attack.
Wrong again. The second amendment had nothing to do with gun control until the 20th century.
It was widely understood to be a collective right to provide for the national defense.
The NRA actually lobbied in favor of the 1934 NFA. Gangsters with street sweepers is not responsible gun ownership.
Just because you say something is illegal doesn't make it so.
You need to read more.
v.
Nice.
Had me fooled.
"the people" refers to an individual right everywhere else it is mentioned in the Bill of Rights. And regardless, "the right of the people to keep and bear Arms, shall not be infringed" doesn't mention national defense.
It's not illegal because I say it is, it's illegal because it infringes upon an enumerated right that the Bill of Rights explicitly states may not be infringed upon. This is pretty basic English comprehension.
Hehe, nice try. Educate yourself and then try again with more compelling arguments.
You'll note they're entirely unable to do so. I give it ~1 day until they try an I've got a degree therefore I'm right ploy on you, too.
We'll see. I've got a degree of my own, so that won't be much of a pwn though.
WTF do you think "necessary to the security of a free State" means?
It's really clear in the Virginia Constitution what the point is:
" That a well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free State; that standing armies, in time of peace, should be avoided, as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power."
That's not really relevant. The United States Constitution is a separate document.
National defense is a red herring. The enumerated right is that of the people to keep and bear arms. One need not be doing so for the purpose of national defense in order to exercise this right.