Friday, April 24, 2020


h/t Captain's Journal

California Tyranny: Spanked, hard.: background checks for ammo purchases sh*tcanned.

Federal District Court Judge Roger Benitez didn't just throw out this unconstitutional travesty, he kicked it out so hard the state's attorney's ass didn't hit ground until it cleared the curb outside the courthouse:

"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."
Somebody get a multitrauma dressing for counsel for the State of CA; his ass seems to be bleeding, and about 10 pound lighter.

RTWT (pdf).  And I mean RTWT. You haven't seen anything this good come down from a judicial ruling since Judge Silberman issued the DC Circuit opinion in Heller v. D.C.

FYI: Federal District Judge Benitez was an American originally born as a citizen of Bautista's Cuba, in Havana in 1950, and likely brought here as a child by his parents to escape Castro's communism. Huzzah.

He was appointed to the federal bench in 2004, by Dubbya.
(Keep telling yourselves "elections don't matter", and let us know how that works out for ya.)

Also, nota bene, no Gun Woodstocks were necessary to overthrow the overreach of the tyrants sitting in the state capitol of Excremento, Califrutopia.

Being an injunction, the law is thus moot and dead unless and until the state obtains a favorable ruling from a higher court. IOW, it's dead until re-animated.

Bonus{edit}: Once it's finalized, it becomes federal precedent. Stare decisis, bitchez.

CA shelves not already cleaned out, suddenly cleared of ammunition in 3, 2,...


Jen T said...

While positive, this is only a preliminary injunction, so it does not hold the weight of precedence. A preliminary injunction is granted (or not) so that injured parties will not continue to be injured during the court proceedings. So the case is still going to go on and when it is done there will be precedence. But this response is also a bit of a shot across the bow to the defense attorneys, "Hey, your case sucks. Maybe you want to settle or something. Or I'll taunt you for a second time." IANAL

Phil K said...

Page 96 of the ruling: "There is only one policy enshrined in the Bill of Rights. Guns and ammunition in the hands of criminals, tyrants and terrorists are poisonous; guns in the hands of law-abiding responsible citizens are the antidote. To give full life to the core right of self-defense, every law-abiding responsible individual citizen has a constitutionally-protected right to keep and bear firearms and ammunition."

You are right. The Judge stuck it in them and broke it off!