CA magazine ban case 'Duncan vs Becerra'

[sht4brnz]

Fantastic argument skills

MR. ECHEVERIA: (arguing for the state's side) PRESUMABLY, BUT THE LEGISLATURE WASN'T REQUIRED IN 2000 TO ENACT A PERFECTLY COMPREHENSIVE LAW. THE LEGISLATURE IS ENTITLED TO ACT INCREMENTALLY AND TO EXPERIMENT. AND EXPERIMENTATION --

THE COURT: INCREMENTALLY CAN ALSO DRIVE YOU TO THE POINT WHERE YOU COMPLETELY EXTINGUISHED OR DESTROYED THE SECOND AMENDMENT.

Several paragraphs later

THE COURT: SO WHAT'S GOING ON IS THAT SOME MASS SHOOTINGS THAT OCCUR THERE ARE PEOPLE THAT ARE USING MAGAZINES THAT ARE LABELED AS LARGE CAPACITY MAGAZINES, ANYTHING OVER 10 ROUNDS.

MR. ECHEVERRIA: OVER A MAJORITY OF PUBLIC MASS SHOOTINGS. NOT JUST SOME.

THE COURT: NOW TOMORROW I'M GOING TO ISSUE A DECREE. THE DECREE IS THAT ANYONE WHO HAS A MAGAZINE OF MORE THAN 10 ROUNDS HAS TO GET RID OF THEM. TURN THEM IN.

"A," IT'S NOT GOING TO STOP PEOPLE LIKE THE SAN BERNARDINO SHOOTERS FROM ENGAGING IN MASS SHOOTINGS. YOU KNOW THAT, AND I KNOW THAT. RIGHT?

MR. ECHEVERRIA: CRIMINALS WILL ALWAYS EXIST, YOUR HONOR.

THE COURT: EXACTLY.

MR. ECHEVERRIA: THAT DOESN'T MEAN THE STATE IS FORBIDDEN FROM TRYING TO MAKE IT MORE DIFFICULT FOR INDIVIDUALS TO OBTAIN THOSE DANGEROUS MAGAZINES.

THE COURT: I GOT YOU. I UNDERSTAND.

THE COURT: THEN WE'RE GOING TO GET TO -- I WAVE MY MAGIC WAND. I MAKE ALL THE MAGAZINES WITH MORE THAN 10 ROUNDS GO AWAY. THEY WENT AWAY.

THEN THE NEXT PERSON WHO IS DERANGED OR DECIDES THAT HE OR SHE WANTS TO FOR WHATEVER REASON KILL PEOPLE, THEY'RE PROBABLY GOING TO USE A GUN THAT HAS A MAGAZINE THAT HOLDS 10 ROUNDS.

AND THE NEXT PERSON THAT COMMITS A MASS SHOOTING IS GOING TO USE A WEAPON THAT CONTAINS 10 ROUNDS.

AND THE NEXT PERSON AFTER THAT IS GOING TO USE A WEAPON THAT CONTAINS A MAGAZINE THAT HOLDS 10 ROUNDS.

NOW ALONG IS GOING TO COME THE STATE, AND THE STATE IS GOING TO USE THE VERY SAME TYPE OF EVIDENCE THAT THE STATE HAS USED IN THIS CASE, AND THEY'RE GOING TO COME IN AND THEY'RE GOING TO SAY, LOOK, JUDGE, POLICE OFFICERS ARE BEING ASSAULTED ALL THE TIME WITH THESE WEAPONS THAT HOLD 10 ROUNDS, AND THEY WILL BECOME THE NEW LARGE CAPACITY MAGAZINE.

AND THE STATE WILL SAY, JUDGE, WE HAVE TO TAKE THESE OFF THE STREETS BECAUSE LAWENFORCEMENT OFFICERS ARE BEING ASSAULTED WITH THESE AND PEOPLE ARE BEING KILLED, AND YOU KNOW, GUESS WHAT, YOU ONLY NEED 2.2 ROUNDS FOR SELF-DEFENSE.

OKAY. NOW WHAT?

I HAVE ESSENTIALLY THE SAME SITUATION I HAVE TODAY ONLY YOU WILL BE ARGUING THAT SOMETHING WHICH IS 10 ROUNDSIS A LARGE CAPACITY MAGAZINE THAT OUGHT TO BE BANNED, AND THE LEGISLATURE HAS MADE ITS POLICY DECISION AND I SHOULD DEFER TO IT, AND SECOND AMENDMENT BE DAMNED. RIGHT?

Give this a read.
It's worth it!

https://www.scribd.com/document/379996641/Duncan-v-Becerra-3-17-cv-01017-Oral-Argument

 

[OakRiver]

I think that is not the reaction that the state was hoping for.

 

[DoggyDaddy]

I think that is not the reaction that the state was hoping for.

Nor the reaction that most of us would have expected coming from a judge in California! Good on him!

 

[Expat]

Shockingly logical.

 

[mmpsteve]

A common sense California judge. Whodathunkit?

Thanks for the link.

 

[MCgrease08]

BREAKING: Ninth Circuit Vacates Duncan v. Becerra High Capacity Magazine Ruling, Will Rehear the Case - The Truth About Guns

&#9664Previous Post Next Post▶ Last summer a three-judge panel of the ninth circuit ruled, in a 2-1 decision, that California’s “high capacity” magazine ban was unconstitutional. As expected, California’s Attorney General immediately appealed the ruling in the case, Duncan v. Becerra, because as...

www.thetruthaboutguns.com

9th Circuit rejects previous 2-1 ruling that California's "high capacity" mag ban is unconstitutional. The 9th Circuit will hear the case en banc with a panel of 11 judges.

 

[BigRed]

BREAKING: Ninth Circuit Vacates Duncan v. Becerra High Capacity Magazine Ruling, Will Rehear the Case - The Truth About Guns

&#9664Previous Post Next Post▶ Last summer a three-judge panel of the ninth circuit ruled, in a 2-1 decision, that California’s “high capacity” magazine ban was unconstitutional. As expected, California’s Attorney General immediately appealed the ruling in the case, Duncan v. Becerra, because as...

www.thetruthaboutguns.com

9th Circuit rejects previous 2-1 ruling that California's "high capacity" mag ban is unconstitutional. The 9th Circuit will hear the case en banc with a panel of 11 judges.

Good news for those that vote for candidates supporting further encroachment upon the natural rights documented in the second amendment to the constitution of the united States.

 

[Ark]

BREAKING: Ninth Circuit Vacates Duncan v. Becerra High Capacity Magazine Ruling, Will Rehear the Case - The Truth About Guns

&#9664Previous Post Next Post▶ Last summer a three-judge panel of the ninth circuit ruled, in a 2-1 decision, that California’s “high capacity” magazine ban was unconstitutional. As expected, California’s Attorney General immediately appealed the ruling in the case, Duncan v. Becerra, because as...

www.thetruthaboutguns.com

9th Circuit rejects previous 2-1 ruling that California's "high capacity" mag ban is unconstitutional. The 9th Circuit will hear the case en banc with a panel of 11 judges.

Sayonara to that challenge, then.