It just takes time, patience, and a lot of money.
The recent decision by Judge Roger T. Benitez that overturns the State of California’s ban on AR-style rifles is a breath of fresh air in a fetid land. The ban, he wrote (94 pages!) IS unconstitutional. Read the judge’s decision (Miller et al. v. California) if you have the time. (I’ve not, yet – no time, but I understand he wrote in language that even a journalist or a politician (well, some of them) can understand.) (Although I won’t wager anything on that.)
32 years! That is how long this once-lovely and free State has imprisoned people for exercising a basic right supposedly protected by the US Constitution. (Lie #1)
In 1989, California’s Legislature, the General Assembly, predicted an assault weapons ban would eliminate or reduce mass shootings. (Lie #2) It has turned out to have no real impact. Data collected by the State of California itself (so unbiased an observer!) shows that mass shootings with “assault weapons” continue to occur at the same average rate as before the ban. That data ALSO shows that rifles – even dreaded “assault rifles” – are used to kill FAR fewer people than such things as handguns and knives! (Lie #3)
AR-15s and similar, semi-automatic weapons are NOT “military” – as if that was truly a constitutional argument, given the wording of the Second Amendment – which PROTECTS military weapons in civilian hands. (Lie #4)
Indeed, the AR-15 and similar weapons are not just popular and relatively inexpensive, but are perfectly suited for home and personal defense. And firearm possession for the defense of home, self, and family is (in the eyes of virtually any objective observer) the core of the Second Amendment right. We KNOW that AR-15 rifles are and have been used for self-defense. To claim otherwise? Lie #5.
I could go on, but you get the point.
Now, not all these lies could have been PROVEN to be lies in 1989. But enough to prove what the judge concluded: this evil and insane law is also unconstitutional.
The 32-year-old ban by California punishes people who choose modern rifles for home defense. Wrongful USE of any weapon, modern or antique is a separate issue for government to deal with directly. People, however wrong and stupid governments like California’s are, they are MORE wrong, stupid, and evil when they try to address crime by stealing away rights of law-abiding citizens. The right to have modern firearms of ANY type for lawful uses.
I have little respect – and often NONE – for the trumped-up lawyers who make up most of the Fifty States’ judges. Their arrogance, their ignorance, their paymasters, their biases, “education” and usually their mental state all make them agents (at best) of evil. Incapable of making wise or even constitutional decisions. (Even if some are “capable,” they are certainly unWILLING to make such decisions.) Among the many problems with their mental state is that they appear to be both physical and moral cowards. And (to be crude) bootlickers at best.
I know nothing about Judge Benitez, but this decision. Maybe he is the 1/100th of 1 percent that proves the point. But I have the usual engineer’s impatience and distrust of anyone who writes and writes and writes, when simply “the constitution says this and you did that” is enough. But I understand their legal system and can live with it. But to engineers, the results are paramount. Does it work or NOT? The rest of the issues discussed in the summary I’ve read are incidentals, at most. Good to have, but not essential.
Still, rejoice with me, and remember that sometimes even “wicked judges” (to quote Jesus) sometimes dole out justice.
This is, of course, NOT the end of the matter, in California or the Ninth Circus, or the entire Federal “Justice” System. After all, “TANJ” (There ain’t no justice) is proved more often than not. Especially regarding weapons, California, the Ninth Circus, or the Court of Appalls (Appeals), or the Nine Nazgul themselves. The California Attorney General – a suitable successor for the slutty woman a heartbeat away from the White House – has already appealed.