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Thread: Ninth Circuit Returns to Form, Upholds Bizarre California Gun Regulation

  1. #1

    Thumbs down Ninth Circuit Returns to Form, Upholds Bizarre California Gun Regulation

    Weeks after issuing some surprisingly sensible Second Amendment jurisprudence, the country’s most liberal federal court is up to its old tricks again. Well, we all knew it wouldn’t last. Weeks after two different Ninth Circuit panels surprisingly upheld Second Amendment rights by blocking California’s confiscation of large-capacity magazines and Hawaii’s ban on open carry, the nation’s most progressive circuit returned to form. In a ruling earlier this month, it upheld one of the most bizarre and nonsensical gun regulations in the nation. It did so by essentially ignoring the plain language of Heller and approving a legal regime that will naturally and inevitably lead to diminishing options for citizens who seek to lawfully exercise their constitutional right to self-defense.


    Here are the basic facts. California’s Unsafe Handgun Act requires new handguns sold in the state to have three key safety features. First, new guns must have an indicator that shows when a round is loaded in the weapon’s chamber. Second, new guns must have a magazine-detachment mechanism that prevents the gun from discharging when a magazine is not in it. Finally, the third provision “requires new handguns to stamp microscopically the handgun’s make, model, and serial number onto each fired shell casing.”



    The Unsafe Handgun Act is just as problematic as it sounds.
    For one thing, to quote the majority opinion: “According to the [plaintiffs], no handguns were available in the United States that met the microstamping requirements. The record does not indicate whether and how these figures have changed over time.” (Emphasis added.) That means California was granting consumers permission to buy guns that didn’t exist on the market.
    For another, California “grandfathered in” a defined list of makes and models of handguns exempted from the law, but the list didn’t include a number of the most popular models in the United States, and gun-makers must pay California a fee to keep their weapons on it. Naturally, the list is shrinking fast: “At the end of 2013, the CDOJ’s handgun roster contained 1,273 handguns and 883 semiautomatics. As of oral argument in March 2017, it contained 744 handguns and 496 semiautomatics.” That’s a loss of hundreds of approved weapons in under four years.



    Let’s be clear: This law represents slow-motion prohibition. Imagine if California passed an “Unsafe Automobile Act” that said all new cars sold had to either a) come from a roster of models approved by the state only after their manufacturers paid a fee or b) be able to fly. Each year, the approved roster shrank as carmakers either discontinued models or refused to pay the fees. And each year carmakers refused to design and build flying cars.

    More at: https://www.nationalreview.com/2018/...&utm_content=1
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  3. #2
    Typical California lunacy. Trying to make people safer by making sure the law abiding citizen is unable to defend themselves against the criminal who could give two $#@!s less about making sure their guns they intend on using to hurt people with are "safe". The whole point of a gun is to be the opposite of safe. The law can not stop or prevent a determined criminal.

    The idea of a visual indicator for when a bullet is in the chamber might be a half decent idea, but the burden should be on the manufacturers to innovate without the interference of the law. If they innovate and incorporate those visual indicators into guns, fine, if they dont, also fine. The clip idea does nothing for me, either as a feature, and especially not as a govt mandate.
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  4. #3
    Once CalExit is complete they can ban guns . Only the police will have them and there will be no crime . People will try to get in to pay more taxes .
    Do something Danke

  5. #4
    Does any good news ever come out of California?
    "Perhaps one of the most important accomplishments of my administration is minding my own business."

    Calvin Coolidge



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