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Community => Advocacy, Agencies, Access => Topic started by: Fl0und3rz on April 23, 2020, 05:17:24 PM

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Title: CA Ammo Background Check - Preliminary Injuction
Post by: Fl0und3rz on April 23, 2020, 05:17:24 PM

Quote

The same judge’s decision last year striking down the state’s ban on high-capacity ammunition magazines sparked a week-long buying frenzy before he halted sales while the state appeals his ruling. Gun owners similarly rushed to stockpile ammunition before the new restrictions took effect last summer.

Benitez called the ammunition background check law “onerous and convoluted” and “constitutionally defective.”

“Criminals, tyrants, and terrorists don’t do background checks,” he wrote. “The background check experiment defies common sense while unduly and severely burdening the Second Amendment rights of every responsible, gun-owning citizen desiring to lawfully buy ammunition.”

While it is intended to keep ammunition from criminals, it blocked sales to legitimate, law-abiding buyers about 16% of the time, he wrote. Moreover, he ruled that the state's ban on importing ammunition from outside California violates federal interstate commerce laws.

https://www.kcra.com/article/judge-blocks-california-law-requiring-background-checks-to-buy-ammo/32259333#

 :tup:

Title: Re: CA Ammo Background Check - Preliminary Injuction
Post by: follow maggie on April 24, 2020, 12:56:48 AM

he's wrong on one count- the law was meant to prevent everyone, even lawful people,  from buying ammunition. That way they can refuse people their rights while saying we allow them to buy guns.

Title: Re: CA Ammo Background Check - Preliminary Injuction
Post by: Fl0und3rz on April 24, 2020, 01:23:14 AM

I think you are right, ultimately. However, at this early stage, he is limited in what is considered, and that is taking the state's representations as to it's intent as true.  This is even better, IMO, because he finds that even if that intent is taken as true, the burdens is just so onerous as likely to be ruled unconstitutional.

It is a good day for liberty.

Title: Re: CA Ammo Background Check - Preliminary Injuction
Post by: follow maggie on April 24, 2020, 12:54:36 PM

It is. federal courts have long help making the exercise of a right overly burdomesome so people will stop exercising that right is the same as taking away the right.

Title: Re: CA Ammo Background Check - Preliminary Injuction
Post by: bigtex on April 26, 2020, 07:37:30 AM

The 9th Circuit issued a stay in the District  Court Judge's order. Background checks for ammo sales are now back in play in CA.

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Title: Re: CA Ammo Background Check - Preliminary Injuction
Post by: Fl0und3rz on April 26, 2020, 08:13:55 AM

Not before an avalanche of orders hit the books.

:chuckle:

Gotta love the 9th circuit.