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Judge Declares California Gun Law “Unconstitutional in its Entirety”


Second Amendment supporters in California scored an enormous win over gun-grabbing Sacramento this week when U.S. District Court Judge Roger Benitez ruled that a new law banning high-capacity gun magazines was “unconstitutional in its entirety.” The ruling, delivered on Friday, will forbid California Attorney General Xavier Becerra from enforcing the 2016 prohibition on magazines holding more than 10 bullets.

“Individual liberty and freedom,” said Judge Benitez, “are not outmoded concepts. This decision is a freedom calculus decided long ago by Colonists who cherished individual freedom more than the subservient security of a British ruler. The freedom they fought for was not free of cost then, and it is not free now.”

In a statement, the NRA praised the judge for his wise ruling.

“Indeed, he characterized the California law as ‘turning the Constitution upside down,'” said the NRA. “He also systematically dismantled each of the state’s purported justifications for the law, demonstrating the factual and legal inconsistencies of their claims.”

Besides relying on the Second Amendment to invalidate the California law, Judge Benitez took issue with the State’s claim that high-capacity magazines served little purpose in a self-defense scenario.

“In one year in California (2017), a population of 39 million people endured 56,609 robberies, 105,391 aggravated assaults, and 95,942 residential burglaries,” said Judge Benitez. “There were also 423 homicides in victims’ residences. There were no mass shootings in 2017.

“Nationally, the first study to assess the prevalence of defensive gun use estimated that there are 2.2 to 2.5 million defensive gun uses by civilians each year,” he continued. “Of those, 340,000 to 400,000 defensive gun uses were situations where defenders believed that they had almost certainly saved a life by using the gun. Citizens often use a gun to defend against criminal attack.”

The State, he ruled, was trying to deprive the citizens of California of the God-given right to appropriate self-defense. Instead, the California law emboldened criminals who had no need to abide by restrictions on magazine size. This left homeowners and assault victims at a distinct disadvantage, even if they had the forethought and training to prepare for such a scenario by purchasing an effective weapon.

“A magazine is an essential mechanical part of a firearm,” said the judge.  “The size limit directly impairs one’s ability to defend one’s self. Neither magazines, nor rounds of ammunition, nor triggers, nor barrels are specifically mentioned in the Second Amendment. Neither are they mentioned in Heller. But without a right to keep and bear triggers, or barrels, or ammunition and the magazines that hold ammunition, the Second Amendment right would be meaningless.”

This was an uncharacteristically intelligent ruling, especially for a California judge. If we had more judges like Roger Benitez in our federal judiciary, the future of our constitutional rights would be secure.

What do you think?

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Written by Andrew

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  1. Finally, a left coast judge that understands our history, our Constitution and our freedoms.
    *
    He used common sense and facts to lay out his decision.
    *
    We should all applaud this judge for his courage and intellect in making this decision.

    • WOW!!! FINALLY A REAL JUDGE. HE SOUNDS LIKE SOMEONE THAT ACTUALLY HAS READ THE CONSTITUTION that he swore to uphold … Perhaps he has also studied our history and understands the depth of his position. Our Constitutional Republic allows us the ability to purchase property then defend the same. This ability separates us from the rest of the world and has made us the richest country in the world. We out produce all others, Most patents. we may have stepped on a few tows getting here, but the rest of the world has benefited from our work.
      May God continue to bless America,

    • Call it like it is.. The USA is for AMERICANS. NO CATHOLIC “C” is an American.
      Across the pond they are ILLEGAL ALIEN MUSLIM INVADERS.
      In the USA they are ILLEGAL ALIEN CATHOLIC “C” INVADERS.
      Vote for ANY CATHOLIC “C” and the borders will never be secured.
      Vote for ANY CATHOLIC “C” and the 60 million ILLEGAL ALIEN “C” INVADERS will never go ‘home’.
      Vote for ANY CATHOLIC “C” and zika will not be contained at the borders.
      Vote for ANY CATHOLIC “C” and you can look south to see the future of
      the USA, failed forever.

  2. “This was an uncharacteristically intelligent ruling……. If we had more judges like Roger Benitez in our federal judiciary, the future of our constitutional rights would be secure.”

    AMEN!!

  3. California is a sanctuary state for Illegals, what this story did not state was who committed these crimes? So but the fact that most 90%+ are run by democrats, I would have to believe that most of these crimes in 2017 were committed by the majorly by the Illegals that are over running American, California does not w2ant any Illegal being Arrested, Tried, Convicted or Deported.

    As the bible has stated “You Reap What You Sow” and California sowed total disrespect for the law so it is no wander the California had endured 56,609 robberies, 105,391 aggravated assaults, and 95,942 residential burglaries,” said Judge Benitez. “There were also 423 homicides in victims’ residences. There were no mass shootings in 2017.

    • yes, California is a totally lawless society, according to the corrupt people that are in positions of authority, who probably got there out of illegal means like fixing the ballot boxes. California is harboring criminals, those who are here without permission or vetting, are criminals and should be treated as such. Otherwise, you are going to have the violence that is obviously taking place there. No wonder. The word of God says that “The wicked shall be turned into Hell, and all nations that forget God!” Now, please, do you think God was kidding? Do you think He changed His mind? No, the proof will be forthcoming. It’s like any people of old who defied God and said they didn’t need Him. They soon found themselves serving their enemies! This is what rebellion and witchcraft will do! Looks like they are on the path to destruction that is close at hand.

      • God, because of free will, will let the actions of men (and women) run to their natural consequences.

    • Call it like it is.. The USA is for AMERICANS. NO CATHOLIC “C” is an American.
      Across the pond they are ILLEGAL ALIEN MUSLIM INVADERS.
      In the USA they are ILLEGAL ALIEN CATHOLIC “C” INVADERS.
      Vote for ANY CATHOLIC “C” and the borders will never be secured.
      Vote for ANY CATHOLIC “C” and the 60 million ILLEGAL ALIEN “C” INVADERS will never go ‘home’.
      Vote for ANY CATHOLIC “C” and zika will not be contained at the borders.
      Vote for ANY CATHOLIC “C” and you can look south to see the future of
      the USA, failed forever.

  4. Thank God for a judge who is willing to rule justly and with integrity. This is something we had thought was long gone, along with Obama’s destruction of our Constitution, which he defied and tried to dismantle during his illegal tenure as a ‘resident of the White House” who claimed he was ‘the President” just as he does now, after his ‘term’ is over, the second being stolen, as usual. Anyway, that aside, thank God for those who are willing to do what is right and put their politics aside , which is what most judges, even the SCOTUS are ruling from, not the LAW! GOD gave the LAW! If we defy the LAW then we defy GOD! He gave us the LAW to keep us safe and harmless from one another. What has been happening is a result of ignoring and despising the LAW that is meant to keep us all safe, even from one another. God knew that since the treason of Adam against God, our sin nature ruled. HE KNEW that our base nature would try to take advantage of whoever came along that they thought could benefit their agenda. Thus you have today’s society in America and around the world. If we could just see this as a sign and turn around, we would all be much happier and safer.

  5. In your face lefties. This is what a real American judge does from the bench. Enforce the Constitution.

  6. Since this was a Federal Court Ruling/Decision. This should apply to all 50 States. I know the politicians in CA will appeal this decision. But, they have no leg to stand on. WA State is seeking the same type of law here in the Legislature, they should heed the warning that it will be overturned here as well. It is about time that OUR Individual Constitutional Rights be Upheld by every Court from local to the Supreme Court. The 2d Amendment is clear. So are the Rights to keep and bear arms in every State Constitution.

    • Delaware is about to vote on similar law. Hope this ruling applies at some point because the Democratic Delaware government will most certainly pass it.

  7. The Ninth Circuit Court of Appeals will almost certainly reverse the circuit court decision, but it looks like the record below will be a good evidentiary basis for a win in the U. S. Supreme Court. Good luck, Plaintiffs.

  8. Thank God for a Judge that understands the 2nd amendment. I wish that the Politicians and Judges in all parts of America understood it as well. There are too many politicians that do not understand the Constitution or the Bill Of Rights. They swear to up hold it, but know that they are swearing falsely.
    They lie so easily the don’t even care or realize they are lying.

  9. Kudos, to Judge Benitez on his decision and taking full consideration of the 2nd Amendment. Nothing better than to see a honest Judge who knows and respects what the forefathers had envisioned. Now, if we could have enough Judges of Judge Benitez’s Quality, we could wipe out the Leftist disease that seems to prevail in the 9th Circuit Court of Appeals, who negate anything conservative or constitutional in their purview and as a end result, the 9th Circuit Court ends losing by being overturned by the Supreme Court of the United States. Must be the water they drink in California.

  10. Finally, a Judge who puts a stop to Californias’ blatant disregard for and attempts to upend the constitution to fit their own leftist ideas. I can’t believe those people. Thank GOD the justices are waking up to their attempts to dismantle the Constitution. THANK YOU JUSTICE BENITEZ!!!!

  11. This is a JUDGE that knows and understands the CONSTITUTION and the REASON for which it was written. This is a person that is able to think and see the horrors of disarming lawful legal citizens. Thus allowing criminals to pray upon defenseless people anywhere, in their homes, on the streets, in places of business, etc.. The ones who fear an armed citizenry are the ones in government who want to turn our government into a tyrannical socialist liberal communist dictatorship.

  12. Motivation for all life begins with self preservation and security. Our founders recognized these rights give by the laws of nature and natures God. as stated in the constitution. One small comment: I’m not a Robot. thank you.

  13. Call it like it is.. The USA is for AMERICANS. NO CATHOLIC “C” is an American.
    Across the pond they are ILLEGAL ALIEN MUSLIM INVADERS.
    In the USA they are ILLEGAL ALIEN CATHOLIC “C” INVADERS.
    Vote for ANY CATHOLIC “C” and the borders will never be secured.
    Vote for ANY CATHOLIC “C” and the 60 million ILLEGAL ALIEN “C” INVADERS will never go ‘home’.
    Vote for ANY CATHOLIC “C” and zika will not be contained at the borders.
    Vote for ANY CATHOLIC “C” and you can look south to see the future of
    the USA, failed forever.

  14. Little “a” al is wrong. Just for your information little “a”, marxist, socialist, priests, bishops, cardinals, and popes are heretic not Catholic.

  15. In the name of religious liberty (another right guaranteed by the Bill of Rights) I refuse to accept this anti Catholic bigotry. By blanket labelling you refuse to recognize the achievements we have made by working together. Catholics in the past, and presently have served and are serving to keep this country safe and in the forefront of National security, industrial development and a leader in moral causes so lacking in today’s world.
    The problem is not Catholic, the problem is systemic and it originates in inept, and corrupt politicians along with populations who have no recourse to forcefully end the quagmire of injustices being perpetrated by their government leaders. (Incidentally, I’m a strong conservative Protestant.) There are many governments today which could be characterized as being “Catholic”: France, Spain, Italy, Poland to name a few.

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