California cannot ban gun owners from having detachable magazines that hold more than 10 rounds, a federal judge ruled Friday.
The decision from U.S. District Judge Roger Benitez won’t take effect immediately. California Attorney General Rob Bonta, a Democrat, has already filed a notice to appeal the ruling. The ban is likely to remain in effect while the case is still pending.
This is the second time Benitez has struck down California’s law banning certain types of magazines. The first time he struck it down — way back in 2017 — an appeals court ended up reversing his decision.
This is like saying the Constitution doesn’t guarantee a barrel on the rifle, or that it uses smokeless power or only muzzle loading muskets…go ahead and apply that same thought of yours to computers/Internet and the 1st amendment…you will argue against it.
Pornography is protected under the first amendment, and sharing it via the internet is allowed. Child pornography is illegal and should stay illegal. Similarly there are other forms of speech that are criminal and should stay criminal, such as death threats. I think you would agree that these are reasonable regulations on our free speech.
Here’s an example on the gun side: in the 2017 Las Vegas mass shooting, bump stocks were used, allowing one man to kill 60 people and injure an additional 867 (just to confirm this is not a typo: 927 people were killed or harmed). Bump stocks were banned in 2018. The bump stock ban seems justified to me, does it seem justified to you?
No, as knee-jerk reactions to a single facet of an outlier event are absurd.
As an comparison, your highlight of child porn is due to the actual harm of actual abuse - the thing is banned because it cannot exist without traumatizing and abusing children. Your highlight of an outlier shooting is really the highlight of the potential harm of a future event - the thing might maybe be used for harm.
Most of us don’t live our lives in terror of inanimate objects or overrepresented and oversensationalized events.
If you say so.
The Constitution is explicit in regards to the First Amendment, “Congress shall make no law…” This isn’t even remotely the case with the Second Amendment. There’s more truth to constitutionally allowing direct physical threats and defamation, which are considered not protected by the First Amendment, than there are magazine sizes, lmao.
I think what trips up a lot of people, especially Americans, is the idea of something not being black and white. Just because the First Amendment talks about speech and the Second Amendment talks about guns doesn’t mean it’s a black and white, when you have this unfettered right to speech and guns. Something being in a gray area makes Americans very confused.
Shall not be infringed… literally the same thing.
It’s the only Amendment that explicitly says the right be “well regulated.” A “well regulated” right shall not be “infringed” is undeniably different than “Congress shall make no law” which has no limitation to its attached right.