Federal Judge Blocks California Magazine Confiscation Law: “The Constitution Is A Shield From The Tyranny Of The Majority”

by | Jul 5, 2017 | Headline News | 65 comments

Do you LOVE America?



    It’s no secret that people on the left have a disdain for our representative form of government. That’s why they threw such a big fit over the electoral college system after the last election. They don’t like the idea that laws and elections aren’t determined by the will of the majority, and they don’t recognize how dangerous that would be for everyone’s freedom (or worse, in some cases they know exactly how dangerous it would be).

    But their hatred for our constitutional republic extends beyond the electoral college. They would prefer to live under a pure democracy, where the majority of the population can trash the rights of the minority. They would rather live under a system where individual rights are sacrificed for their twisted version of “the common good.”

    Fortunately, that’s not the system we live under. In this country, your rights can’t be taken away just because most people think those rights are dangerous. That fact was made abundantly clear recently, when a judge in California filed a preliminary injunction against a law that would force gun owners to give up large capacity magazines that had been bought legally before they were banned. The injunction effectively prevents California from enforcing the law for the time being.

    “The Court does not lightly enjoin a state statute, even on a preliminary basis,” Judge Benitez said in the ruling. “However, just as the Court is mindful that a majority of California voters approved Proposition 63 and that the government has a legitimate interest in protecting the public from gun violence, it is equally mindful that the Constitution is a shield from the tyranny of the majority. Plaintiffs’ entitlements to enjoy Second Amendment rights and just compensation are not eliminated simply because they possess ‘unpopular’ magazines holding more than 10 rounds.”

    Judge Benitez also feared that Proposition 63 would turn millions of law abiding citizens into criminals.

    “If this injunction does not issue, hundreds of thousands, if not millions, of otherwise law-abiding citizens will have an untenable choice: become an outlaw or dispossess one’s self of lawfully acquired property,” he said in the ruling. “That is a choice they should not have to make. Not on this record.”

    But as you might expect, not everyone is pleased with the ruling. State attorney general and former Democratic representative Xavier Becerra was quick to criticize the ruling.

    “Proposition 63 was overwhelmingly approved by voters to increase public safety and enhance security in a sensible and constitutional way,” Becerra said in a statement on the ruling. “Restricting large capacity magazines and preventing them from ending up in the wrong hands is critical for the well-being of our communities. I will defend the will of California voters because we cannot continue to lose innocent lives due to gun violence.”

    Of course, there’s no evidence to suggest that magazine capacity laws are in any way constitutional, nor is there any proof that they would actually reduce gun violence. In fact, anyone with any firearm expertise can prove that magazine capacity limits are no barrier for a criminal or mass shooter.

    But that doesn’t matter to liberals like Xavier Becerra. He has his agenda, and he thinks the “will of California voters” trumps the fundamental rights of every resident in his state. Thank god we don’t live in a pure democracy, or we would have lost all of our rights long ago.


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      1. A judge that understands the Constitution. Outstanding! And rare.

        • Menzo, you ain’t kidding about that one. A judge who ‘gets it’.

        • In Commifornia of all places!

          • the appellate court will reverse the injunction and all ow the ban.

            • Transferring 20 round magazines in commie Colorado->BANNED

            • On the other hand they are already making a 30 rd mag with a stop at ten rds that you could drill out in about 10 seconds. I’ve got a 30 year old 5 rd mad that can be turned back into a 20 with a pair of tin snips in roughly 10 seconds. It’s all BS.

              • That is banned too

                • While converting a mag back to standard capacity would be illegal, I cant see how a standard capacity mag converted to 5 rounds would be. That’s exactly what a <10 round mag is to begin with: a standard cap mag converted to cali standards.

                  • …besides, his point is stupid laws can be fixed with the application of a drill press if need be. Similar to fixing NFA ‘rules’ regarding that third hole in an ar lower.

                    • Banned, banned, banned. Thanks NRA?

            • And then the USSC will override the appellate court and end the ban.

              As to guns, isn’t it interesting that those who know the least about them are the first to step up and start making all sorts of laws governing (or ending) their ownership and use? Apparently, the lessons from Australia and their gun ban of several years ago have been completely lost on them.

        • He will be run out of Dodge before the end of the week.

          • They wasted over 100 rds of ammo proving something we knew. If they had just gone to Detroit, St Louis, or Chi with a few Gold chains around their neck they could have put the ammo to good use.

            • yet the point in the video will be lost on the majority of kalifornia lawmakers who will claim “hey if you can get by with just using 6 5 round mags to do the same thing, you aren’t being burdened by mag capacity restrictions.”

              • 5 round magazines… is that what those who protect these idiot “lawmakers” have on them? Huh? NO WAY! They are loaded to the gills with multiple max capacity magazines.

                We know that tyranny is afoot when it is illegal for us to do what the state does routinely.

        • Nah, that judge just wants a bribe

        • Me o, grow up. That judge just wants a bribe.

      2. A forced pause in the nonstop assault from the liberal, looney left! Take the opportunity to do some shopping.

        • Laeagle, next gun show in my area is later this month. My shopping list is already done, LOL!

        • The only thing the judge is saying is the State has to compensate the gun owner, not that the State does not have the authority to take them away.

        • how so? acquiring them is already illegal. This injunction only affects mags gun owners already possess.

          Thank god I live in a semi-free state. Every gun I owned before the big boat accident had at least 20 mags each of at least standard capacity.

      3. They’re not grandfathered in NJ. Separate country I guess.

        • I saw that a yuuuge fat wale washed up on the beach in New Jersey. Good thing that beach was closed.

          • JS, was the whale chris christie?

      4. We need more judges like that!

        • Don’t tell the NRA! They will try to get the ban upheld then charge you money to get your rights back!

          • Gandhi, good point. NEVER trust NRA for anything.

      5. Liberals are all for federal judges intervening in state affairs when they rule in ways that liberals like But when a judge actually follows his oath of office and upholds the Constitution, all of a sudden “judicial activism” is the worst sort of crime. The main reason that this country was set up as a constitutional republic was because the framers understood the tyranny of the majority that is pure democracy. Keep in mind that a lynch mob is also a majority, so if 51% vote to exterminate the remaining 49%, well, isn’t that the “will of the people?” This sort of thing is precisely what the judge is talking about when he reminds us that the Constitution was written the way it was to prevent such things from happening.

        • @Frank

          “Liberals are all for federal judges intervening in state affairs when they rule in ways that liberals like But when a judge actually follows his oath of office and upholds the Constitution, all of a sudden “judicial activism” is the worst sort of crime.”

          Right… and this is said in a sneering tone of voice as if to say “We libs would NEVER engage in something like that!”. Oh, no, of course not… not unless they get the chance, of course.

          Since the Congress, President, and Supreme Court are all on the same authority level, why is it that lower courts can block presidential executive orders? Should it not be that they cannot until THEIR case goes before the USSC and they rule on the matter? Until then, executive and congressional authority SHOULD be left to those entities. We don’t have lower state congresses over-ruling the federal congress or governors overruling the president. So why should lower courts have so much power over those at levels above them?

      6. Check out the videos begin posted by grindal161 in California.
        This group is calling out the corruption at Town Halls.

        This is GREAT Stuff!!!!
        They even took on MAXINE WATERS!!!! Ha ha ha ha so funny!!!
        Gives me Great Hope!

      7. People’s Republic of Maryland are you watching this ?

      8. They’ll probably appeal and win. “If you can’t baffle them with brilliance, befuddle them with bullsh*t!”. Motto of all liberal judges.

      9. Judge Benitez:

        Don’t the opponents of the second amendment understand that their freedom to do as they please is being ensured by gun owners, whether or not they, themselves, have guns. The government is a dangerous thing with an Army, Navy, and nuclear missiles. The citizen only has a little pea shooter. But that is what keeps government employees from becoming bully men. There needs to be some balance.


        • B from CA

          Regardless of evidence including the FBI uniform crime reports and genocide of disarmed civilians by their own governments (Thanks JPFO) the answer is no. Give up on them. I have found the problem was with the “shooting golfers” Trap and Skeet people. Not all, but far too many have zero conceptional understanding of the purpose of the Second Amendment. They have their $3500 Over Under and thats all they care about : “I can’t see why you have that type of gun”. Sad.

        • The brown shirts in Nazi Germany never thought that they would be a victim of the government. In the end of the Nazi times, the true Nazi believers were also victims of the government they created.

        • Thank Heston and the NRA that you are only allowed an antique pee shooter with government permission in only approved areas.

          • Gandhi, Heston, NRA, and govt. can all kiss my ass.

            • I hope they do?

      10. Thank you judge Benitez. The people that want to blame an inanimate object (a firearm) are wrong.

      11. The criminals won;t comply with the ban anyway.
        if the citizens comply they are at a disadvantage against the criminal. By not complying they become criminals themselves…millions of them. They will never get mine,the government nor the criminals. Malon Labe!

        • Feds, criminals, tax collectors or drug dealers already have machine guns and grenades.

        • @Jim

          Right you are. When they come for the guns, that’s only their 1st stop. Once disarmed, they can come back as many times as they want and take or do whatever they want.

          If, on the other hand, they meet strong resistance to their implementation of tyranny, they WILL back off because the cost is higher than they want to pay.

          If they do not meet strong resistance, then it is Christmas time for them and anything they want to do goes.

      12. Jim, same here. I don’t give up anything I own, period.

        • I would give up some guns in a gun buy back.

          Last one around they offered $250 a gun. I have a lot of $30 guns that arn’t worth shit I would gladly sell for $250.

          • Good bidness

          • Yep… and get some extra cash for more ammo and / or reloading components. 🙂

      13. The Hispanic-Latino California AG wants the gun laws in California to reflect those in Mexico and Central America. We’ve seen how safe they make the citizens in those Hispanic failed states.

        • That bean-eater AG in Cali is most likely just trying to disarm white people. He needs to back from that.

      14. The sad part is in Cali. and other states even with this ruling Cali. citizens can’t buy higher capacity mags.So,help friends and family by mailing them parts if you live in a slightly free state.My guess is millions of folks have plenty of these mags in Cali.,hopefully enough they can spare one or two when times get “interesting”.

        • In Ca, I believe they do not sell any firearms that can use a “double stack Magazine”. The older ones that can, must be registered with the Nazi governing party of Ca. And don’t ever believe that there are no police records of the guns you have….they are ALL on file with LE if you bought them at a store.

      15. They can have my magazines. (After I read thru them) that’s the Only kind they should get.

        • I got enough Watch Tower magazines I could burn them in the fireplace and heat my home for years.

          Those Jehovah Witnesses are worse than street beggars and crack head. I can’t get them off my porch.

          • Just tell a Jehovah Witness that you didn’t see the accident and to go away.

          • We had that same problem about 50 years ago. But my Dad ended it one day by telling the two ladies who came to our house to “save” us that, “We follow the Koran here”. One of them actually hissed as both of them shrank back, ran away, and never returned. Funny chit! 😀

      16. I keep saying it, this country has to be busted apart to save our freedoms. The heavy populated regions, mainly like New England, California, and Rust Belt states urbans areas bordering the Great Lakes are hyper-liberal; they are trying to dictate their politics and will on the rest of the country. They have exhausted local and state resources and now need perpetual federal resources to survive. It is not coincidental these same areas vote consistently Democratic, have super high taxes, the highest crime problems (both white collar and blue collar), the highest concentration of “sanctuary cities”, most extreme examples of gun control, highest level of business regulations, run colossal and unsustainable gov’t budget deficits year after year, worst corrupt local gov., run their cities into economic death, and on and on. They wanted their socialist paradise, now let them have it. Thankfully, I am a Southerner and by the way, you can’t have my financial resources, property, or assets to fund your failures, nor will you ever have them. Those resources I possess are for me and mine to enjoy and to ensure our standard of living and quality of life. We also live our lives and enjoy freedoms in ways many people in our nation can never know. Their malignant cancer cannot be allowed to spread, the surest way to prevent this is to eliminate the possibility of the fed. gov. as it now is from taxing and confiscating our wealth to fund the failed Demcratic strongholds. New national boundaries have to be established.

        • Bill, welcome aboard. You’ve come to the right place. As a fellow Southerner I share your sentiments.

        • Agreed @Bill

          I can see the US becoming about a dozen regional areas that share common geography, economics, and interests.

          If the lefto-communists in this country want to create their own version of North Korea, Cuba, or Venezuela let them do it in their own area and on their own dime… and not ours. Like all their other BS ideas, it too will fail.

          I’ve traveled all over this great land and have lived in half a dozen states. I now live in the Pacific NW but am proud to be Georgia-born and Texas-raised.

          The US Constitution is the greatest governmental document ever created by the hand of Man. It will live as long as its tenets continue to live in our hearts. But we must be ready, willing, and able to fight for it because anything unworthy of fighting for WILL be taken away… because they can and it makes them feel useful and important to step on other people. They need to learn the REAL lessons behind the “Don’t Tread on Me” flags.

      17. Bring on the Ninth Circus to straighten this judge out. Where are the pictures of Pelosi, Feinstein, Moonbeam, etc. with clenched teeth turning purple?

      18. The army loses 1600 N16 rifles per year How many magazines get lost not to mention other weapons, Drug shipments into the US are escorted by machine gun armed men Where do the guns go Banning gun magazines is window dressing and only hanicaps people who obey laws in the first place. Its just a step to bigger things in the march to oppression of the American people The elite are such beautiful gods they out shine the sun are more beautiful than the sun rise more powerful than the raging sea all must see this and bow to them The new president of France already said he is a god and will rule as one

      19. Both Christy and Jim are pretty good. They counted their rounds to avoid letting the gun run dry and requiring recharging. This would have added significantly to the time for mag change.
        Just saying.

      20. GOOD !!!! Arizona citizens voted down a same-sex marriage proposal in a referendum only to have it overturned by an unelected judge. So now California knows the burn we all feel when unelected judges makes laws. I wish California would just declare independence and go away. How I hate that state!

        • “I wish California would just declare independence and go away.”

          Forget that! The US Gov should SELL Calif to Mexico and get oil and silver in exchange. They have wanted it for a long time now, so this would be the Mexican dream come true. It also would end a lot of the idiocy that Calif foments in the US Congress. In 20 years, Calif would be just as big a s***-hole as is Mexico. We’d need to rearrange the border fence a bit but that’s no big deal. Just think of all those idiotic “sanctuary cities” out there that are suddenly under Mexican law. Too bad that Mexican law would not recognize all of those Gringos as “citizens”. But they might be able to become “guest workers”… for a while. When they finally do get the boot, they should not be welcomed back in the US.

      21. “A Shield From The Tyranny Of The Majority”

        You then say that an armed society, is a polite society (in which the majority enforces their will, at gunpoint.)

        There is always some particular segment, who you do not want to be armed — no matter who you are.

        Not one Second Amendment advocate literally believes that it belongs to all people.

        • No, it doesn’t. Just as the founders did not want full-on democracy, which they saw as “mob rule”, neither should those of bad character, deficient mental capacity, or ill repute be allowed to own or use guns. But just about everyone else should, if they so choose.

          Not everyone can drive a car either but that doesn’t prevent everyone else from getting a license and doing so if they want to drive and can afford it.

      22. One shot one kill.

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