“Well, screw me!” every gun owner in California collectively said at the news U.S. District Judge Roger Benitez’s ruling just last week had been stayed by a higher court panel. Benitez had ruled that the state’s requirement people get background checks for each ammo purchase was unconstitutional. Of course, the court panel that issued the … Read more
When the US Supreme Court handed down the Brown v. Board of Education decision in 1954, it was met with no shortage of resistance among those who favored segregation of America’s schools and other public accommodations. It took a couple of years before judges across America realized that they couldn’t side-step the ruling despite the … Read more
When the top law enforcement officers from half of the United States band together to make their voices known on an important topic, it’s kind of a big deal. Recently, attorneys general from 25 states filed an amicus brief against California’s unconstitutional law banning standard-capacity firearms magazines that are capable of holding more than 10 rounds … Read more
The State offers declarations from a number of other expert witnesses to address subjects other than historical analogues. In general, these are subjects that this Court has already addressed in its earlier opinion and is beyond the Court of Appeals remand order. Nevertheless, some of these opinions are mentioned here. … Ryan Busse is a … Read more
If you’ll remember, back in 2017, Judge Roger Benitez struck down California’s ban on standard capacity magazines the state had arbitrarily ruled to be “high capacity.” That ruling was, of course, overturned by an en banc Ninth Circuit ruling. The case was then appealed to the Supreme Court where it sat until Bruen was decided. … Read more
“It is cynical.” “It is an abomination.” “It is outrageous and objectionable.” “There is no dispute that it raises serious constitutional questions.” “It is an unprecedented attempt to thwart judicial review.” Such are the Intervenor-Defendant Governor’s expressed views regarding the fee-shifting provisions of a Texas law (S.B. 8) and, at least by implication, of California’s … Read more
By LKB The sharpest thorn in the side of California’s gun-grabbers has done it again. Federal Judge Roger Benitez — who has already issued rulings, currently in the appellate and post-appellate pipeline, tossing California’s “assault weapon” and standard capacity magazine bans — ruled Friday that he would be enjoining a California law designed to discourage … Read more
By LKB Federal Judge Roger Benitez (a/k/a “Saint Benitez” to the 2A faithful) has just entered an interesting order in Miller v. Bonta, the challenge to California’s “assault weapons” ban. It’s not a decision on the merits, but I read it as a pretty clear indication of where he is going and the fact that … Read more
From the Second Amendment Foundation . . . A federal judge in San Diego has rejected an attempt by the State of California to moot a Second Amendment Foundation lawsuit seeking to overturn a Golden State statute designed to penalize any plaintiffs, and their attorneys, in cases challenging California gun control laws. The case is … Read more
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