A federal judge for the second time overturned California’s ban on large-capacity ammunition magazines that can hold more than 10 bullets, ruling Friday that it lacked a historical basis and is therefore unconstitutional.
To be honest, we need a community for uplifting libertarian news… Maybe it’s just my negativity bias, but there’s just too much news about this world going to shit.
The State’s historical list also includes, surprisingly, 38 laws that applied only to particular groups, such as slaves, Blacks, or Mulattos. Those laws are not relevant to the magazine prohibition challenged in this case. “And Founding-era statutes that disarmed groups of persons who governments thought might be dangerous because of their race or religion were not considered analogous to modern carry prohibitions on released felons also thought to be dangerous: ‘any such analogy would be far too broad.’”163 Even if they were, this Court would give such discriminatory laws little or no weight."
SAINT BENITEZ standing up for everyone’s rights
Not really. His conclusion is good, but his process is so deeply flawed that if allowed to set precedent our judicial system will manage to get even worse.
What parts of his process do you disagree with?
I would say that the following is the main point of issue:
[…] ruling Friday that it lacked a historical basis and is therefore unconstitutional.
Deciding on laws based on tradition, and historical context has potential to be quite damaging – these decisions should be made based on principle.
Well then I regret to inform you that he wasn’t setting any precedent with his ruling because he was just applying the existing text history and tradition test established by the Scotus in Bruen. The precedent already exists on a national scale.
[…] he wasn’t setting any precedent with his ruling because he was just applying the existing text history and tradition test established by the Scotus in Bruen.
Indeed. It is rather unfortunate.
