Judge Roger Benitez Is About To Rattle Gun Control In California

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OK Corgi Rancher

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Judge Benitez has ruled favorably for gun owners on several occasions and he's a thorn in the side of Gov Newsome and gun control advocates in CA.

He recently issued orders to the state in reference to several lawsuits against CA gun control laws after the appellate court remanded the cases back to the original court. One regarding the CA AWB, one regarding the "high capacity" magazine ban and one regarding the requirement for ammo buyers to undergo a background check. The orders are the same in each case and read (the part that is identical in each case is not in bold):

The State Defendants are directed to file a brief which identifies the best historical regulation that is a proper analogue and relevantly similar to a (statewide prohibition on a firearm with listed features) (statewide prohibition of an ammunition feeding device or a limit on the amount of ammunition) (statewide background check for buying ammunition). The brief shall be limited to 5 pages and shall be filed with the brief currently due 30 days after the filing of the law list.

Judge Benitez is obviously applying the Bruen standard regarding historical justification for gun laws. Obviously, there is no historical precedent for any of these anti-gun laws. Even Gov Newsome has said pretty much the world is going to come to an end in the coming weeks because this judge is going to strike down the laws that keep Californians safe. The "progressives" in California and across the country are not going to be happy.

It's hard to imagine how much gun control may fall away after the Bruen decision. This was likely be looked upon in the future as one of the most significant rulings in the history of the Supreme Court.
 

Roadking Larry

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I don't expect the government of commiefornia to give half a damn what the judge rules.
After the Bruen ruling from the supreme court the worst antigun states so far have pretty well thumbed their nose at it and have even pretty much doubled down on their unconstitutional laws.
They've made their ruling, now lets see them enforce it.
More lawsuits, more lawyers getting rich on the taxpayers dime.
 

Perplexed

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The reason the remanded decision was passed all the way back to Benitez was because the district court, and by extension the state of CA, wanted to start the process all over again. That buys the state more time to come up with more end-runs around whatever pro-2A decisions Benitez and the appellate courts might hand down. It’s great Benitez is streamlining this case, but make no mistake - CA is going to drag it out for as long as they possibly can, d@mn the costs which are passed on to the taxpayers.
 

Cat City Slim

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I expect that the state will ignore a court ruling it doesn’t like and continue to enforce their statutes. The Constitution was thrown out the window a long time ago. The states are increasingly willing to ignore the federal government, ala marijuana. Until the feds show they have the spine to enforce federal law, why would the states comply?
 

OK Corgi Rancher

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I don't expect the government of commiefornia to give half a damn what the judge rules.
After the Bruen ruling from the supreme court the worst antigun states so far have pretty well thumbed their nose at it and have even pretty much doubled down on their unconstitutional laws.
They've made their ruling, now lets see them enforce it.
More lawsuits, more lawyers getting rich on the taxpayers dime.

States like California don't have to comply with the ruling until someone challenges it. And someone, several someones as a matter of fact, have challenged it. And I think it's great.

Some of you guys piss and moan all the time about wanting something done about infringements on your rights. When something is done you piss and moan about that, too.

I think it's great what's happening in CA with these lawsuits. Maybe some of you don't. What exactly do you expect to happen?
 

Cat City Slim

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States like California don't have to comply with the ruling until someone challenges it. And someone, several someones as a matter of fact, have challenged it. And I think it's great.

Some of you guys piss and moan all the time about wanting something done about infringements on your rights. When something is done you piss and moan about that, too.

I think it's great what's happening in CA with these lawsuits. Maybe some of you don't. What exactly do you expect to happen?
I think that eventually all of the states will ignore federal firearms laws and set the laws on a state-by-state basis. That is probably the best thing that could happen. I can live with California doing whatever it wants. Those that don't like their firearm laws can vote with their feet. By the same token, if the legislature of Oklahoma chooses not to enforce the new federal rules concerning pistol braces in Oklahoma, there should be no federal interference with that decision. At this point, I don't believe that the federal government has the will to use the military to enforce federal law in an unwilling state. The federal government's only power is budgetary. If a state is willing to give up the federal money, the federal government's only recourse is use of force.
 

OK Corgi Rancher

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When the state sends Troopers to stop federal LE from enforcing gun laws the state doesn't agree with I'll start to get excited. Same with things like marijuana. I like the fact that states are declaring themselves 2A sanctuaries, but until they put force behind that it really means nothing. Start arresting ATF, DEA and FBI agents for violating state law and I'll definitely believe it's a 2A sanctuary state.
 

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