There was an interesting 2nd amendment ruling today.
QuoteORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT, DECLARING CALIFORNIA PENAL CODE § 32310 UNCONSTITUTIONAL and ENJOINING ENFORCEMENT
In short, a federal district court in California declared the state's ban on magazines with a capacity in excess of 10 rounds unconstitutional today.
http://michellawyers.com/wp-content/uploads/2019/03/Duncan-2019-03-29-Order-Granting-Plaintiffs-MSJ.pdf
Many levels of adjudication, means much contradiction and confusion in the law.
Quote from: Baruch on March 30, 2019, 12:24:12 AM
Many levels of adjudication, means much contradiction and confusion in the law.
This is true, but from what I read of the decision the judge made it based on the most recent rulings from the highest court in the land. Exactly what the lower courts are supposed to do.
Here is an updated link to the decision since the original one is broken now.
https://d3uwh8jpzww49g.cloudfront.net/sharedmedia/1510684/2064261_2019-03-29-order-granting-plaintiffs_-msj.pdf
No surprises here. The second amendment allows regulation ("A well-regulated militia being necessary"), but outright bans will never be enforceable unless an amendment is passed to strike out the "shall not be infringed" part. And we all know the likelihood of that happening.
Quote from: Hijiri Byakuren on March 30, 2019, 11:26:07 AM
No surprises here. The second amendment allows regulation ("A well-regulated militia being necessary"), but outright bans will never be enforceable unless an amendment is passed to strike out the "shall not be infringed" part. And we all know the likelihood of that happening.
I agree with Baruch in his assessment that, "Many levels of adjudication, means much contradiction and confusion in the law." I expect this ruling will be overturned by the 9th circuit on appeal, and if that happens I would be very surprised if SCOTUS hears that appeal. So I expect that ultimately the ban will stand.
The idea that the State, can't regulate ... is anarchism. The idea that the State, can ban ... is tyranny. We must take the middle path.