Today, May 18,the National Rifle Association Institute for Legislative Action (NRA-ILA) announced it is supporting, along with the California Rifle and Pistol Association (CRPA), an important Second Amendment lawsuit challenging California’s ban on the possession of standard capacity magazines capable of holding more than 10 rounds. The lawsuit, filed by NRA attorneys, titled Duncan v. Becerra,challenges California’s ban on possession of these standard capacity magazines because the law violates the Second Amendment, the due process clause, and takings clause of the United States Constitution.What this article is suggesting is that California CANNOT confiscate private property without addressing the constitutional rights of the owners.
The first *(Due Process Clause)* is that the owner cannot be deprived of his property without an actual legal action, in which he may defend the ownership of his property in court.
The second *(Taking Clause)* is that the owner, even if he loses the court decision, cannot be deprived of his property without compensation ... presumably, for the monetary value of the property which is being confiscated.
(GREY AREA ALERT: with a physical article, it may be sufficient to present a receipt for the original purchase; for landed property, such as a house and lot, the valuation of the property may be the cause of many more legal actions.)DETAILS:
It occurs to me that some folks may not be aware of the details of the "Due Process Clause", and the "Takings Clause", of the Constitution Here are the details of both clauses of the 5th Amendment:
