The legislative action part of the National Rifle Association is reporting today that ruling on the legal case Duncan v. Becerra, Judge Roger T. Benitez of the U.S. District Court for the Southern District of California determined on Friday that California’s ban on commonly possessed firearm magazines violates the Second Amendment.
The article reports:
Judge Benitez rendered his opinion late Friday afternoon and handed Second Amendment supporters a sweeping victory by completely invalidating California’s 10-round limit on magazine capacity. “Individual liberty and freedom are not outmoded concepts,” he declared.
In a scholarly and comprehensive opinion, Judge Benitez subjected the ban both to the constitutional analysis he argued was required by the U.S. Supreme Court in District of Columbia v. Heller and a more complicated and flexible test the Ninth Circuit has applied in prior Second Amendment cases.
Either way, Judge Benitez ruled, the law would fail. Indeed, he characterized the California law as “turning the Constitution upside down.” He also systematically dismantled each of the state’s purported justifications for the law, demonstrating the factual and legal inconsistencies of their claims.
The Second Amendment of the U.S. Constitution states:
A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
The Second Amendment protects American citizens from a tyrannical government–the Founding Fathers understood that the fact that they possessed weapons allowed them to free themselves from the rule of Britain. They wanted to protect future Americans from a tyrannical government. Beware of people who want to take guns away from America–that is the beginning of tyranny.
