Full complaint here.

Informative article here.

The complaint makes a number of excellent points, including the fact that magazines are functional parts of all semi-auto firearms, and therefore as protected as the rest of the firearm.

I certainly wish our guys the best in this suit. JMO, but I think their chances are quite good.

All right. The Second Amendment Foundation goes to court again. They chose their cases wisely. Hopefully, for us, they will win.

I strongly resent gun owners who don't donate either time or money to the various groups that fight for us.

Love hearing some good news coming out of CA about the people fighting back.

It looks like quite the battle for sure!!! That's takin' it to the commies in their own backyard.

I believe i'll be needing to re-route some of my "Charitable Donations" to this organization.

If they're not structured as a 501(c)(3), oh well, it's still a great group to support - and they're gonna need it.

I have a suspicion this will go to the Supreme Court.


I wonder if RIA and SFA will help in the fight.........

THIS IS SOMETHING MOST ARENT AWARE OF:

 "Josh says the NRA actually asked the attorneys in the Heller case not to go forward."

From me: Its also generally unknown that the SAF had NY state lined up in its sights for their antigun regulations, after the Heller and McDonald cases were won, in a large case when the NRA joined NY as a friend of the court against the SAF, causing them to drop the case they say they most certainly would have won, not wanting to become enemies of the 900 lb gorilla.


[video:youtube]http://blogs.lawyers.com/2013/07/second-amendment-foundation-video? [/video]

Its easier to support Amazon. Free shipping.

Especially since when it goes to the Supreme Court the balance is on our side. Might be better to wait till it's more on our side, though, with another Supreme Court appointment.

I hope CA gets their ass handed to them.

If Kennedy retires before it gets to the SCOTUS and is replaced by an originalist then it's the end of gun control. The Heller decision was limited to get Kennedy on board. Of course Roberts will probably flip and go full liberal when Kennedy leaves.

Yep. The deep state has something big on him.

Probably. And, hopefully, by that time Trump will have had the opportunity to name one or two additional Justices who will follow the Constitution and respect the 2nd. Amendment.

http://www.huffingtonpost.com/2013/02/25/second-amendment-foundation_n_2745038.html

Remains to be seen. We've been disappointed by Republican appointees too many times in the past to be completely confident. Democrat appointed Justices never turn, but Republican appointees often do.

https://www.saf.org/category/legal/

Along the same lines: But, this time it is California's expanded Assault Weapons Control Act that is being challenged as unconstitutional. The case is: "Rupp, et al., vs. Becerra" Here is the complaint:

http://www.andrewwatters.com/files/Rupp-v-Becerra.pdf

It is being supported by the NRA. See:

https://www.nraila.org/articles/201...-californias-assault-weapons-control-act

This will also probably end up in the Supreme Court. You have to wonder about the timing of the filing of these two 2nd. Amendment cases ... right after Gorsuch was confirmed and filled the vacancy.

Excellent... Godspeed..

The problem is we do not have a 5-4 majority in the SC. We have a 4-4 with Kennedy as the wild card. Kennedy has voted with the left more and more with each passing day. He cannot be trusted with crucial Second Amendment cases.

IMO, this is why numerous cases filed with the SC have been denied. It takes 4 Justices to approve a case for review. Ask yourselves, why have these cases not been heard if we have a 5-4 majority? IMO, Kennedy is the reason, he cannot be trusted and the true conservative justices know how he will vote, so they decline the review.

Since Gorsuch, nothing has changed.

If this case makes it's way to the SC and Ginsberg and Kennedy are still sitting Justices it will either be denied or it will fail.

Most of the arguments I've seen liberal courts make against the standard sized magazines fail when held to the same standard as Heller was decided on. 10 round magazine limit? Sorry, semi-auto handguns are the most common firearm sold now and are explicitly protected under Heller, AND it's got to be nearly a majority of those that are sold with magazines that hold more than 10 rounds. It's also trivial to show that the time to change magazines is too short to make a difference in taking down a shooter 99% of the time, by the time you realize he's changing magazines he's already done so.

And AR/AK rifles are one of the most popular firearms in the last 20 years, so under Heller they should also be protected - especially since their firing mechanism is the same as the protected semi-auto handguns that Heller protects. Semi-auto is semi-auto, banning semi-auto rifles by saying they aren't protected by the 2nd while protecting semi-auto handguns as being protected by the 2nd is absurd on the face of it.

Not wishing ill on Ginsberg and Roberts... but hurry up and retire!

SAF is a great organization and they do most of the heavy lifting for Second Amendment rights in the courts. I think we need another conservative on the court before it's safe to confront magazine and semi-auto bans in SCOTUS.

I nominate Calhoun for Justice of the Supreme Court.

In passing, firearm protection under 2A requires that those passing laws to restrict them meet at least intermediate scrutiny. This carries the requirement that the entity passing the law must show more than a casual reason why the law is needed. Since nothing demonstrably gawdawful happens when you add magazine capacity for that 11th round, I think our cause is just when we oppose "high capacity" magazine bans.

I nominate Denton!

I'm not sure where Trump stands on magazine size, but even some "pro-gun" intelligentsia are against us. I've heard multiple pro-2A pundits say that Eugene Volokh should be considered for the Supreme Court, but he's on record as saying repeatedly that magazine size can be restricted since allowing no more than 10 rounds will make very little difference in self defense situations.

Of course there's nothing magical about 10. They've shown that once they get 10, they'll move in within a couple of years to push for 7. Etc, etc.


By the way, I'm not masochistic enough to want to go through a Supreme Court nomination process. Appreciate the intent, but it would cut into my fishing time waaaay too much.

I read Volokh, and greatly respect his opinions. But I think he has the argument backwards: The state has the burden of showing that restricting magazine size makes a difference in public safety.

Awww, come on Calhoun. Your country needs you!

I want to see liberal head explodes with Trump nominating Alan Gura to replace Kennedy....

Bwaa haa haa haa.....

I don't want Gura to get it, we need him pushing the cases rather than be just 1 of 9 voting on them. But oh, I'd love to see Trump talk about it at least.

I think he will surprise you : https://en.wikipedia.org/wiki/Eugene_Volokh

I followed him and his late father since 1980s , his dad started a computer company ( VESOFT ) as in Vladimir and Eugene..

when he was around 12 years old he knew more about computers than most of people in Dad's company.
he wrote several books about computing and for some reason he decided to give it all up and become a law professor.

P.

Oh, he did surprise me when he came out with this several years ago.

https://www.washingtonpost.com/news...ne-capacity-to-10-rounds-constitutional/

The speculation is that it relates to certain "irregularities" involving the adoption of his Irish children .... not in Ireland .... but in Brazil.

Thanks for throwing that up there ftbt, I was just going thru email from a few days ago to post the link to the complaint myself.

For those not reading the whole complaint, basically it's going after Cali on the parts and definitions that make up an "assault" weapon in the CA laws and the lack of logic behind them. For instance, one can have a firearm marked Colt AR-15 with a fixed magazine, no pistol grip, and no flash hider and it is illegal to have in CA. Same receiver marked "Illegal Assault Weapon" with same accessories mentioned and it is not disqualified as it is not on the list as the Colt version is.

I look forward to this one going far in the court systems also.

Geno

PS. especially important as I'm probably retiring in the f'd up state I grew up in, far far from that part of Cali though.

same here

Yes, it would be nice if everyone supported this. USA strong. We all stand together.

Thanks