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- cross-posted to:
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California cannot ban gun owners from having detachable magazines that hold more than 10 rounds, a federal judge ruled Friday.
The decision from U.S. District Judge Roger Benitez won’t take effect immediately. California Attorney General Rob Bonta, a Democrat, has already filed a notice to appeal the ruling. The ban is likely to remain in effect while the case is still pending.
This is the second time Benitez has struck down California’s law banning certain types of magazines. The first time he struck it down — way back in 2017 — an appeals court ended up reversing his decision.
There’s no right to magazine sizes. They have a right to guns. Give ‘em a bolt action with a 3+1 magazine. Still have a gun, right?
At the time the 2nd amendment was written they had muskets. Give them muskets.
This is false. The Chambers gun, the Girandoni air rifle, and other “high capacity” repeating arms existed and were known to the framers of the Constitution.
okay, those are fine too.
The 2nd Amendment specifically says “the right to bear arms”, not “the right to bear muskets”.
It also says it’s so you can have well regulated militias but the wording is vague about the link between the two.
In the context of the constitution, “regulated” means “trained”. So rather than meaning a militia that is heavily regulated by the state, they’re talking about trained people. Moreover, it was understood that the people that were being called up were armed with their personal weapons–not supplied by the gov’t–and that they were going to be shooting on their own time.
The frames of the constitution intended the people to have access to military arms, to be training themselves in their use, and to be ready to use them at a moment’s notice.
They opposed a standing military and police force for all the reasons that we’ve seen over the last (almost) 250 years.
So does the training include keeping weapons safely and not waving them around in provocation? Are there mental health standards to meet? Or does it just mean someone knows where the trigger is?
Interestingly enough, that was a legal obligation in the colonies; powder could not be stored in the house because it was an explosive risk. Currently, some states have safe storage requirements, but they’re legally unenforceable.
That’s called brandishing, and it’s a crime by itself in most states.
Most training starts with safety, and progresses through basic marksmanship. I learned most of that from my father, grandfather, scoutmaster, and the RSO at Boy Scout Camp, and it’s been further reinforced by every RSO at every range and competition I’ve been too.
The 2nd Amendment specifies “the right of the people to keep and bear arms”. I would argue that to be able to functionally “bear arms”, one must be able to be in possession of the means to operate those arms.
The 2nd Amendment does not say “the right of the people to keep and bear bolt-action rifles, shall not be infringed”. Instead, it states “the right of the people to keep and bear arms, shall not be infringed.”.
The problem is that you’re arguing that from a position of valuing keeping your toys that go pew pew real loud and real fast over valuing the general public safe, though.
Don’t forget that the original intent of the 2nd Amendment wasn’t for recreational enjoyment, or self defence, but it was, instead, to ensure the security of the state by being a sort of counter-pressure against authoritarian behaviour. Aside from that, however, I feel that this quote by Thomas Jefferson is appropriate: