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2nd Amendment doesn’t mean California must allow semiautomatic rifles, judge rules

Discussion in 'General Discussion' started by mikeyp, Jul 27, 2019.

  1. mikeyp

    mikeyp NES Member

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    "The judge cited congressional findings that semiautomatic rifles have a rate of fire, 300 to 500 rounds per minute, that makes them “virtually undistinguishable”from machine guns, and that they are the “weapons of choice” for gangs, hate groups, and “mentally deranged persons bent on mass murder.”

    The judge is a complete idiot

    2nd Amendment doesn't mean California must allow semiautomatic rifles, judge rules

    A federal judge has upheld California’s ban on owning, manufacturing or selling semiautomatic rifles and the “bullet buttons” that convert a conventional rifle into a rapid-fire weapon.

    Semiautomatic rifles are “incredibly effective killing machines” that are not commonly used or necessary for self-defense, said U.S. District Judge Josephine Staton of Santa Ana. She rejected a challenge to the law by the California Rifle & Pistol Association, an arm of the National Rifle Association.

    Her ruling Monday was the first federal court decision on the California law, and cited federal court rulings that have upheld similar laws in other states. It contrasted sharply with decisions in 2017 and 2018 by a federal judge in San Diego, who said the state’s ban on high-capacity gun magazines — those holding more than 10 cartridges — violated the right of law-abiding citizens to defend themselves.

    U.S. District Judge Roger Benitez’s rulings took effect briefly this spring, prompting what firearms advocates described as a flurry of purchases at gun shops around the state, but Benitez agreed to restore enforcement of the law after the state appealed. The case is awaiting review by the Ninth U.S. Circuit Court of Appeals

    Semiautomatic rifles, classified as “assault weapons” under state law, have detachable magazines and pistol grips or other features that allow repeated firing without frequently reloading. California has banned the weapons for 20 years, and in 2016 also outlawed “bullet buttons,” which are attached to regular gun magazines and allow them to be quickly removed and replaced.

    The rifles were banned nationwide by a federal law that was passed in 1994 but expired in 2004 when Congress refused to renew it. Sen. Dianne Feinstein, D-Calif., sponsored the law after a gunman killed eight people at a San Francisco law office in 1993, and has introduced multiple measures to revive the ban..

    In its lawsuit, the NRA affiliate, joined by individuals who said they wanted to purchase the weapons, cited a 2011 opinion by Brett Kavanaugh, then a federal appeals court judge in Washington, D.C., and since October a Supreme Court justice.

    In that opinion, Kavanaugh dissented from a ruling that upheld gun regulations in the nation’s capital. Instead, he argued that the Second Amendment should be interpreted to allow possession of semiautomatic weapons and prohibit mandatory gun-registration laws.

    Gun groups are hoping that the addition of Kavanaugh and President Trump’s other appointee, Justice Neil Gorsuch, will increase their support on the Supreme Court, which has agreed to consider whether the Constitution guarantees the right to carry firearms outside the home.

    But Staton said that under current standards set by the Supreme Court and the Ninth U.S.Circuit Court of Appeals, a semiautomatic rifle should be considered a “dangerous and unusual weapon” that is suitable for military service but not for self-defense in the home. That means it is not covered by the Second Amendment’s right to bear arms, she said.

    The judge cited congressional findings that semiautomatic rifles have a rate of fire, 300 to 500 rounds per minute, that makes them “virtually undistinguishable”from machine guns, and that they are the “weapons of choice” for gangs, hate groups, and “mentally deranged persons bent on mass murder.” She said the state also presented evidence that semiautomatics fire bullets that can pass through both humans and buildings and therefore pose a greater risk of striking innocent bystanders.


    The ruling is “the latest confirmation from the courts that there is no conflict between reasonable gun safety laws and the Second Amendment,” said attorney Eric Tirschwell of Everytown for Gun Safety, which filed arguments supporting the law.

    The gun advocates’ lawyers could not be reached for comment. They can appeal the ruling to the Ninth Circuit.

    Bob Egelko is a San Francisco Chronicle staff writer. Email: [email protected] Twitter:mad:BobEgelko


     

  2. wilson911

    wilson911

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    I feel safer already.
     
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  3. Engineer

    Engineer NES Member

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    GOOD!
    So much fail there that it could well make ideal case for SCOTUS. I just wish SCOTUS would reach out prospectively to take on this case as as Supreme MA Court has in prior situations.
     
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  4. namedpipes

    namedpipes NES Member

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    Semiautomatic rifles are “incredibly effective killing machines” that are not commonly used or necessary for self-defense, said U.S. District Judge Josephine Staton of Santa Ana.

    You know. She actually has a point.

    They are effective killing machines and they aren't commonly used.

    The first by design (as are all firearms) and the second because they're banned in California.

    Of course they can be used for self defense in other places.
     
  5. Waher

    Waher NES Member

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    We need a conservative judge to issue a nationwide injunction on gun control and give the left a taste of their own bullshit. Get SCotUS to stop the nationwide injunction bullshit already and address lower courts wiping their asses with SCotUS rulings they don't like.
     
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  6. one-eyed Jack

    one-eyed Jack Manufacturer Dealer NES Member

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    And the beat goes on. Jack.
     
  7. Squire

    Squire NES Member

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    We should just let California go...build the wall on the Nevada, ID and AZ lines, and they can have WA and OR.
     
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  8. xtry51

    xtry51

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    The most common and numerous
    rifle in America is "not commonly used"? Solid logic here.
     
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  9. Lucas McCain

    Lucas McCain

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    That place is a never ending liability for the rest of us... We need another wall.
     
  10. jpk

    jpk

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    Its another clear example of how right trump was in his characterization of left/right judges and how wrong justice roberts was in his defense of/claim that justices were not partisan.
     
  11. one-eyed Jack

    one-eyed Jack Manufacturer Dealer NES Member

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    Golly. If these rifles are such "effective killing machines", maybe the military should be using them. And a lot cheaper than M4s. Jack.
     
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  12. xjma99

    xjma99 NES Member

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    I’m pretty sure that is a .gov infringement.
     
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  13. robjax

    robjax

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    judges are supposed to be our defense from government oppression. It's kind of useless when judges carry out a political agenda....

    the judge should be impeached.
     
    Last edited: Jul 27, 2019
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  14. xjma99

    xjma99 NES Member

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    Or shown the business end of a scary black rifle. Traitor.
     
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  15. VetteGirlMA

    VetteGirlMA NES Member

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    The problem is I believe that liberals are catching on that they can't push gun control beyond a certain point because by the time it reaches scotus there is a high likelihood that these nonsense decisions and ridiculous laws are tossed out the window. I would expect that if this made it all the way to scotus that CA would suddenly repeal the law over night just like NY is doing. Liberals do not want scotus decisions because it will be binding on the blue states and that scares the crap out of them.
     
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  16. enbloc

    enbloc NES Life Member NES Member

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    I like it this way better:

    2nd Amendment doesn’t mean California can't allow fully automatic rifles, judge rules...
     
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  17. amm5061

    amm5061 NES Member

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    Machine guns for everyone! [mg]
     
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  18. 308rifleman

    308rifleman

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    SCOTUS will respect states' rights. The Heller and McDonald cases allowed for possession of firearms to defend one's home. It did not address concealed carry.
     
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  19. JDL

    JDL NES Member

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    I hope they make all guns illegal in California. I predict this will result in so much killing in the state that they wont know what to do. All the criminals will have full control of the state it will really turn to the place no one will want to live except the mentally ill, drug addicts and the criminals. Even the liberals that caused this to happen wont want to live there. There will be a mass exodus and California will crumble, it is already on it's way this will just give it a little shove.
     
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  20. omega42

    omega42 NES Member

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    Sorry, no. The UK has already gone down that road and their pants wetting nancys talk about knife crime in the same breathless tones (and with they same "remedy") as ours talk about gun crime.
     
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  21. namedpipes

    namedpipes NES Member

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    FIFY
     
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  22. bauer

    bauer NES Member

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    How could anyone know how effective semi-automatic firearms are at causing death if no one is using them?

    :confused:
     
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  23. Mountain

    Mountain NES Member

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    California is a very large and diverse state. There are plenty of 'red' towns, cities, and voting districts, though they are grossly overshadowed by the loony left. Rather than throw the baby out with the bath water, I'd ask NESers to consider their brothers and sisters out there.

    The lowest estimate of CA gun owners is 2.5M, though the expectation for more realistic stats is ~15% of the 40M population = 6M. Think about six million pissed off gun owners, many of whom have mostly gone dark over the latest rounds of unconstitutional laws. Those judges are not only idiots because we hate their decisions, they are idiots because they don't know when to stop. What's going to happen when the gun owners are pushed out of their quiet corners? Is there a 3% among them? That would be 180,000 three percenters. California National Guard has a strength of 23,000.

    As much as we like to think guns are the primary issue, in CA there are millions more who are fed up with liberal programs and the oppressive taxes required to support the programs. That situation is getting close to pushing the earners over the edge, at least the ones who have not already bailed out.
     
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  24. upcountry

    upcountry NES Member

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    Being here in AZ, I believe he wall along our southern border should take a hard right at Yuma and run north.
     
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  25. CatSnoutSoup

    CatSnoutSoup NES Member

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    :emoji_tiger:
     
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  26. Bill Katt

    Bill Katt NES Member

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    That's almost the plot for the sequel to Escape From New York....LOL
     
  27. DispositionMatrix

    DispositionMatrix NES Member

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    Guns.com:
    FEDERAL COURT: SEMI-AUTOS ‘INDISTINGUISHABLE’ FROM M-16S
    Bizarre rate-of-fire assertion included will become another disarmament lobby talking point.

    Rupp will lose in the 9th next.
     
  28. jpk

    jpk

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    The left coast broadly is a massive liability for the entire nation......

    There's ALREADY a massive exodus out of Cali and into other states like Tx and its negatively impacting Tx........

    I think we would be better off leaving Cali be and doing everything we can to keep them IN california and the rest of the left coast.....

    If you dont keep them there.....they will come and haunt the rest of the nation.
     
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  29. teaser452

    teaser452

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    Nope. Just build walls around the cities and boot them from California. Maybe give those cities to North Korea in return for no nukes.

    The rest of CA is pretty valuable. But not the dem shitholes.
     
  30. xtry51

    xtry51

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    As much as people would like to think TEOTWAWKI style books are fantasy, states like California coupled with all of Congress spending into oblivion has created one of the most volatile environments in history.

    If money ever stops flowing to those who do nothing, they will quickly turn "on the hand that feeds them" and people like the judge in this case and others will en the first wave of people to get slaughtered. Becuase they will be stuck between the takers who want their free shit and the makers who still have guns and are sick of nanny state bullshit.
     

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