Delaware Concealed Carry Forum
State News & Gun News => Delaware News => Topic started by: MarkB on April 19, 2019, 03:01:20 AM
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This is a copy of an email I sent to the sponsors of HB70 Delaware Large Capacity Magazine Ban.
All of you are sponsors of SB70 Delaware Large Capacity Magazine Prohibition Act of 2019. This act will force law abiding citizens of Delaware to relinquish their private, legally owned property to the State. This bill will also reduce a persons ability to defend themselves and their family as needed.
A large capacity magazine ban has been found to be unconstitutional by Judge Roger T. Benitez of the U.S. District Court for the Southern District of California and his ruling was upheld by a three judge panel of the Ninth Circuit. I have attached a list of his reasons as to why a large capacity magazine ban is unconstitutional. This list is long and detailed but shows all the reasons such a ban is unconstitutional.
U.S.A. –-(Ammoland.com)- On 29 March, 2019, Judge Roger T. Benitez granted a motion for summary judgement against California Attorney General Xavier Becerra in the case of Duncan v. Becerra.
California's Byzantine regulations and bans on firearms magazines of over 10 round capacity were ruled unconstitutional under the Second and Fourteenth Amendments of the United States Constitution.
I have read the decision by Judge Benitez. It is well worth reading. At 86 pages, many will not take the time and energy to read the densely argued document.
Below, I have transcribed my choice of the jewels of this masterfully reasoned and written order. The selections are my own; others may disagree. They are in order, as found in the court document. I list the pages as an aid to others. Many will recognize the cogent arguments put forward by the Honorable Roger T. Benitez. They have been made by Second Amendment supporters for decades.
Judge Benitez first shows how the California magazine ban fails the simple and obvious test of constitutionality under the Heller decision.
Page 1: Individual liberty and freedom are not out moded concepts.“The judiciary is –and is often the only –protector of individual rights that are at the heart of our democracy.” –Senator Ted Kennedy, Senate Hearing on the Nomination of Robert Bork, 1987. Page 5: As evidenced by California’s own cr…
Next, Judge Benitez shows how, even under the Ninth Circuit's convoluted “Tripartite Binary Test with a Sliding Scale and Reasonable Fit” the California ban still fails miserably.
Page 39: But describing as minor, the burden on responsible, law-abiding citizens who may not possess a 15-round magazine for self-defense because there are other arms permitted with 10 or fewer rounds, is like saying that when government closes a Mormon church it is a minor burden because next door…
Near the end of the document, Judge Benitez eviserates the attempt by the State of California to define ordinary magazines as “a nuisance”.
Page 82: Casting a common sized firearm magazine able to hold more than 10 rounds as a nuisance, as a way around the Second Amendment, is like banning a book as a nuisance, as a way around the First Amendment. It conjures up images from Ray Bradbury’s novel, Fahrenheit 451, of firemen setting books …
The conclusion of the order is exceedingly well done. I have not cut or edited it. It is on page 84-85 of the court document.
Page 84-85: Magazines holding more than 10 rounds are “arms.”California Penal Code Section 32310, as amended by Proposition 63, burdens the core of the Second Amendment by criminalizing the acquisition and possession of these magazines that are commonly held by law-abiding citizens for defense of se…
Judge Benitez has done the Republic a valuable service.
Sincerely,
ERROR, ERROR - Some of the text was not sent by my computer. Here is the link with the article that has all the info.
https://www.ammoland.com/2019/04/jewels-of-wisdom-from-court-finding-california-magazine-ban-unconstitutional/#axzz5lUDerR70 (https://www.ammoland.com/2019/04/jewels-of-wisdom-from-court-finding-california-magazine-ban-unconstitutional/#axzz5lUDerR70)
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I was going to reiterate that the 9th circus has overridden the Cal ban on mags, but mark did a much better job...
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The requirement to turn in magazines that were legally owned obviously violates the US Constitution's prohibition on making ex post facto laws. The incompetence of some of these lawmakers is astonishing.