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

rifle-magazine

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.

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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.

Courtesy of SHTFplan.com

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  • Bob

    Good.
    Litmus Test.
    Don’t worry, an ungodly people will try and try again until they finally get their way by debasing the populace. Wickedness JUST LOVES to have the upper hand over you… so too are those who wear mens pants in the name of anything except love or truth.

  • V.

    Communistfornia…if you have any sense at all…GET OUT!!!!!

  • God bless this Judge!

    However, the Judge’s concern about this making millions of otherwise innocent people criminals is too little, too late. The Constitution has already done that, at least, contributed to it.

    How?

    When the constitutional framers replaced the Bible’s immutable/unchanging moral law (that cannot be added to) with their own man-made capricious system of laws, it was inevitable that there would be a never-endless glut of statutes added to the original.

    I just read yesterday that it’s estimated America’s law system now consists of over 4 million laws, statutes, and regulations, all of which make criminals of otherwise innocent people.

    Had Moses come down Mt. Sinai with today’s Constitutional Republic’s laws, he wouldn’t have come down the Mountain with two tablets but with a hernia, a busted back, and an near endless train of wagons pulled by donkeys and elephants alike (pun intended). And some Christians have the audacity to declare Yahweh’s law burdensome, despite the following from the Apostle John:

    “For this is the love of God, that we keep His commandments; and His commandments are not burdensome.” (1 John 5:3)

    For more on how Yahweh’s immutable moral law applies and should be implemented today, see free online book “Law and Kingdom: Their Relevance Under the New Covenant” at http://www.bibleversusconstitution.org/law-kingdomFrame.html.

    Then “A Biblical Constitution: A Scriptural Replacement for
    Secular Government.”

    Find out how much you really know about the Constitution as compared to the Bible. Take our 10-question Constitution Survey at http://www.bibleversusconstitution.org/ConstitutionSurvey.html and receive a complimentary copy of a book that examines the Constitution by the Bible.

  • Liberty Valance

    DrlJr;
    Ye be right.
    Except, while Americans Slept for 100 Years the world changed around us. Hillary/Alynski model – demoralize society and dumb down the educated to about a 3rd Grade Level (californians) will gain you control over heards of idiots.

  • DRLJR

    Amendment 2 of the US Constitution prohibits all of these laws. And its English is clear and explicit. But the people who want to disarm everyone to make people be able to be enslaved by the State, think “Supremacy of the State and those in control of the State”, so they pretend it says something other than what it says. And of course the facts and history show that disarming a population creates crimes, violence, and other problems.