Monday, October 16, 2017

I've got to post this quickly, before it disappears!

Federal judge blocks California gun magazine confiscation scheme | Fox News:
Federal judge blocks California gun magazine confiscation scheme
By Stephen Gutowski Published July 03, 2017 Washington Free Beacon

A federal judge granted a preliminary injunction on Thursday that blocks California from enforcing their gun magazine confiscation law. U.S. District Judge Roger T. Benitez said in his ruling that the law, which would make it illegal to possess any gun magazine capable of holding more than 10 rounds of ammunition, likely violates the Second Amendment rights of the plaintiffs in the case. He ordered that California immediately stop enforcing the law pending further legal action.
 "The Court does not lightly enjoin a state statute, even on a preliminary basis," Judge Benitez said in the ruling. "However, just as the Court is mindful that a majority of California voters approved Proposition 63 and that the government has a legitimate interest in protecting the public from gun violence, it is equally mindful that the Constitution is a shield from the tyranny of the majority. Plaintiffs' entitlements to enjoy Second Amendment rights and just compensation are not eliminated simply because they possess ‘unpopular' magazines holding more than 10 rounds."
[I tried to post this without comment, but BLOGGER dot com locked up.  It took me a while to recover the original text, so I'm posting it without much comment just to get it online before some other ...  bizarre circumstances  .. locked me up again, and this time loses my content.]

LATER:

Glad the post was published.

This is a significant judicial decision, not only because it challenges the "10 round magazine" limitation (which is common in most gun-unfriendly states}, but also because it established an "At Least" standard for magazine capacity which most states are bound to follow.

There are other significant ramifications of this judicial ruling:

First, it acknowledges the protection from the tyranny of the majority  ... which is always an issue when discussing Second Amendment Freedoms.  That the opinion was issued by a sitting judge is significant; it's not the errant rambling of a gun-guy, but the judicial opinion of a respected member of the court.

Second, there is a controversy between pro-gun and anti-gun forces which are generally considered to be nothing more than a matter of opinion; the judicial ruling cited here resolves the controversy, at least in terms of whether a 10-round magazine ought to be established as a minimum "load limit" (for want of a better expression).

One of the more obnoxious issues in gun-control controversy has been "what is a legitimate legal limit for magazine capacity".  I've always opined that there is no legitimate limit, if only because pro-gun and anti-gun forces have been unable disinclined to reach an agreement.  By this, we have established a minimum legitimate magazine capacity.  It's not much, but it's a start!

Third, (and I'm admittedly expanding on an issue raised in the preceding paragraph), there is another issue: when the "Other Side" of the issue enters into a discussion as to how many rounds in a magazine should be accepted as "optimal", they have already tacitly accepted that individual firearms ownership is a legitimate situation, and not subject to further discussion.  But some of those kind folk are adamant about the number of rounds should be permitted in a magazine, to all acceptable performance in the limited applications of firearms force they are willing to accept.

There is an old joke about prostitution, which ends with the punchline:
"We have already established 'what kind of girl you are';  Now we are only bickering about the price".
Not to belie the (perhaps inappropriate) discussion: nobody knows, or can make a definitive argument for, exactly "how many rounds" are appropriate for a magazine to define the difference between "not enough for defense" and "too many for sport".

My personal opinion is "you can never have too much ammunition, nor too many magazines!"

But I'm guilty of using competitive criteria (USPSA competition allows an unlimited number of rounds and magazines in a variety of competitive classes) and some critics of the sport complain that the usage of 25+ round capacity magazines is, at best, "unrealistic".

My invariable response is: "It's a GAME, Sport!  If you can't pay, you shouldn't play."

Who says that gun ownership is only about self defense?  Shooting is fun because ... it's fun!


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