Topic: Gun criminal goes free...so future gun control issues don't arise (Read 370 times)

U.S. District Judge Roger Benitez of San Diego released a 94-page ruling late Friday, indicating California's three-decade ban on assault weapons violates the Second Amendment's right to bear arms.

"Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle, the AR-15 is the kind of versatile gun that lies at the intersection of the kinds of firearms protected under District of Columbia v. Heller, 554 U.S. 570 (2008) and the United States v Miller, 307 U.S. 174 (1939)," Benitez wrote.

"Yet, the State of California makes it a crime to have an AR15 type rifle," Benitez continued. "Therefore, this Court declares the California statutes to be unconstitutional."

On several pages of the ruling, the judge recommended the rifle should be protected under the Second Amendment for its "militia readiness."

"Government is not free to impose its own new policy choices on American citizens where constitutional rights are concerned," he added. "California may certainly conceive of a policy that a modern rifle is dangerous in the hands of a criminal, and that therefore it is good public policy to keep modern rifles out of the hands of every citizen. The Second Amendment stands as a shield from government imposition of that policy."

The office of Attorney General Rob Bonta released a statement after the ruling said it would immediately appeal the decision.

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Selling guns shouldn't be illegal – unless it's the U.S. government selling guns to the Mecixan drug cartel – and I'm glad this man goes free. I hope it sets a precedent.

https://www.cnn.com/2019/10/11/us/ar-15-guns-law-atf-invs/index.html

Very lengthy story, so I will not add the text. 

But long story short..... dude was selling home-made AR's without serial number (which is illegal)
Building your own AR without a serial number is legal, but you cannot sell or transfer.

Defense brings into question the ATF definition of firearm, which currently includes the AR15 lower receiver.  According to ATF definition, they realize the AR15 lower receiver does not technically meet the ATF definition of receiver or firearm. Judge rules as such. He's right.

ATF backs off the prosecution, fearing a decision would create a precedence declassifying AR15 lowers as firearms.

Such a long article, I don't know if he was selling the entire rifle or just the 80% lower after completion.

no where in the 2nd amendment does it say AR15. nor a loaded AR15
absolutely no where
i can turn up to court and in a sleaveless shirt say 'i stand here using my 2nd amendment right to bare arms'
but you cannot turn up to court with an AR15 say 'i stand here using my 2nd amendment right to bare AR15'

This gun control issue is something that is so easy to be resolved but people in authority and their countrymen are all ignorant to the fact that these weapons could kill with a single pull of the trigger, I don't think there will be any gun control regulations that will remedy this problem because there will surely be loopholes.

House Bill 1927 passed the Republican-led Senate in an 18–13 vote following a lengthy debate and will now head back to the House to debate amendments and settle differences between the two chambers' versions. The House had passed the measure in mid-April.

Gov. Greg Abbott has previously signaled that he's supportive of such a measure and told WBAP's Rick Roberts last week that he was willing to sign it.

"Once the Senate passes it out, the House and Senate will convene and work out any differences and get it to my desk and I'll be signing it," Abbott said.

Under current Texas law, residents are required to obtain a permit to carry handguns. To obtain the permit, applicants must complete classroom training, pass a written exam, submit fingerprints, and pass a proficiency demonstration.

Republicans say the proposed law will help remove some barriers for Lone Star State residents to carry a handgun and hence save them time and money.

State Sen. Charles Schwertner previously defended the bill at a committee meeting following the House's passage of the measure.

"Right now, we have the license to carry—the LTC—and it is a hurdle for some individuals to avail themselves of their constitutional right to keep and bear arms, and I think that is a hurdle that should be removed. That's what this bill does," he said.

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Gianforte, a Republican, posted on Twitter, "Today, I proudly signed Rep. [Jedediah] Hinkle's law prohibiting federal overreach into our Second Amendment-protected rights, including any federal ban on firearms."

"I will always protect our #2A right to keep and bear arms," he continued.


Governor Greg Gianforte
@GovGianforte
Today, I proudly signed Rep. Hinkle's law prohibiting federal overreach into our Second Amendment-protected rights, including any federal ban on firearms.

I will always protect our #2A right to keep and bear arms.


In Arkansas, Gov. Asa Hutchinson also signed an equivalent bill intended to protect the state’s gun owners from any new federal regulations on Friday, claiming that it would endanger police forces and the community.

...

Gov. Doug Ducey of Arizona also signed a similar bill early this month, which will not require constituents to comply with new national gun laws.

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Who says that an AR15 is not an arm, or that if many people carry them, that they aren't baring arms? Actually, the 2nd Amendment agrees with this.

no where in the 2nd amendment does it say AR15. nor a loaded AR15
absolutely no where
i can turn up to court and in a sleaveless shirt say 'i stand here using my 2nd amendment right to bare arms'
but you cannot turn up to court with an AR15 say 'i stand here using my 2nd amendment right to bare AR15'

...

oh badecker, your a great comedian. but your law research is too much from freemans youtube videos and not enough independant research away from the freeman community.

goodluck in life. but do yourself a favour
if you ever do find yourself in court. which is obvious you have never been in one due to your lack of knowledge personally. do not in any way be trying to use freeman/karl lentz as your law expert sources.

again you dont ned to amend anything to rewrite the word
right to bare arms
to become
right to bare arms

no rewrite needed.
and nowhere does it say right to own AR15
so using your very own opinion. how is bearing an AR15 a right
your going to need a concon to make it your right to own an AR15

all i see is the right to wear sleeveless shirts when i see the word
right to bare arms

comparing your stance in this topic to your driving licence topic where you dont recognise a government as a human being.. who is the bullet suppose to kill if there is no human government in your eyes

oh and playful use of words. 'hold the government' not shoot the government.
hold=in someone arms(shoulders biceps,elbows, wrists)
hold=at arms(shoulders biceps,elbows, wrists) distance

oh and it doesnt require a constitutional convention
the words are the words "bare arms".. the written words dont need to change.
so no amendment needed

now please go to a doctor and ask him while holding a gun to X-ray your arm.. i guarantee you that he aint going to scan the machine gun

But it wouldn't solve the problem. The Amendments are directed towards government, simply to make it easy for the people to hold government at bay. Private property is not annulled simply because the amendments are repealed.

they should just change the definition of one thing.
'the right to bare arms'
to become
'the right to wear sleeveless shirts'

then the gun problems are solved... and also some office workers are not forced to wear long sleeve shirts and suits in warm summer weather

I think if everyone want to learn on why we need gun or where do guns needed for it will be good. But it is impossible for us to know about it because everyone who have gun has a power. A power to kill a person no matter who is it. A gun can be a self defense tool but it can show us that a gun can cause some evil scenarios.