Federal Judge (Benitez) overturns California ammo purchase background check law

A federal judge on Thursday blocked a California law requiring background checks for people buying ammunition, issuing a sharply worded rebuke of “onerous and convoluted” regulations that violate the constitutional right to bear arms.

For those that don’t remember, U.S. District Judge Roger Benitez is the same judge who overturned CA’s magazine ban as unconstitutional which resulted in a Freedom Week where Californians could buy any size magazine they wanted. The state appealed that decision and the case is currently in the Ninth-circuit’s hands.

“The experiment has been tried. The casualties have been counted. California’s new ammunition background check law misfires and the Second Amendment rights of California citizens have been gravely injured,” Benitez wrote in a 120-page opinion granting the group’s motion for a preliminary injunction.

“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.”

https://www.usnews.com/news/politics/articles/2020-04-23/judge-tosses-california-ammunition-purchase-law

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I like page 118, especially where he points out the state putting citizens at risk and the need to protect from criminals, terrorists, or tyrants

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It’s good to see an oath keeper on the bench who will pass over popular opinion in favor of the the rights of the people.

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I’m sorry, this is going to be so Politically Incorrect. But my favorite part of this decision… criminals, terrorists, and TYRANTS. I have very little knowledge about this Judge. But man, I hope he ends up on the Supreme Court. Just for that one line alone.

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I think we need to make sure his name is known, U.S. District Judge Roger Benitez. A Second Amendment supporting judge will most likely support the other amendments as fervently. I love his comment that the ammunition background check misfires :rofl:

“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.”

I can see some of his comments being made into 2A t-shirts. :thinking:

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Absolutely. He has shown to be a true 2A supporter.

I was iffy on whether this one would get overturned. We all know its a dumb law that accomplishes nothing positive, but sometimes the anti-gunner position “it isnt that burdensome” referring to the $1 per check. So its extra nice to see a judge cut right through all that noise.

I was/am much more optimistic on the magazine limit ban (also overturned by Judge Benitez) which is currently in the Ninth Circuit court (CA appealed his decision obviously). The mag limit is absolutely arbitrary and does exactly zero to save laves (contrary to what anti-gunners say).

Banning these from CA means other states wont attempt them, and if they are in effect already it gives those states the precedent to help get them overturned.

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1 more small step!

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FINALLY! Now to place some orders here in Commie-fornia. Still cannot wait to get out of this insane state.

Full brief: https://michellawyers.com/wp-content/uploads/2020/04/2020-04-23-Order-Granting-MPI.pdf

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Don’t forget to rate Judge Benitez! :grinning:

http://www.therobingroom.com/Judge.aspx?ID=176

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Thanks for sharing the judge rating link :slight_smile:

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I did rate him.

Aaaand no sooner than it started it has stopped. INJUNCTION STAYED! :unamused: :face_with_symbols_over_mouth: “The U.S. Court of Appeals for the Ninth Circuit issued an emergency administrative stay on Judge Benitez’s ruling late last night (4/24/2020 at 9:54 PM PDT).” Let’s hope it’s just temporary as Californians, like all Americans, deserve full access to their 2nd Amendment rights. Thank Becerra! :face_with_raised_eyebrow:

Momo, Did you get your order in before the stay?

Sadly no, but this is just a perfect example why the Ninth Circuit and politicians in Commie-fornia are hellbent on destroying the inalienable rights of Americans.

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From my email today:

We are currently experiencing shipping delays due to the surge in online orders from the recent two days of allowed shipping in California.

Our intentions are to ship out all of these orders unless forced not to by the California DOJ. There are some orders that snuck through the cracks that are in LA City, Sacramento, San Francisco, Avalon, or Oakland County, that even with the two day law change we are not able to ship to. We will be calling these people to give them the option to pick up in store in our Los Angeles location.

We should have majority of April 23rd’s orders completed today. Our goal is to try and finish all of the orders from the 24th, by this Friday!

Staff is working OT and over the weekend to get caught up. We appreciate your business and understanding! Stay safe!

Team LAX