California's statute to confiscate all magazines over 10 rounds has been permanently enjoined by the United States District Court for the Southern District of California. The opinion was written by Judge Roger T. Benitez.
Previously, Judge Benitez had issued a preliminary injunction against the confiscation law, and the preliminary injunction was upheld by the Ninth Circuit, as discussed in this post. Today's decision follows cross-motions for summary judgment, and makes the injunction permanent. The next step in Duncan v. Becerra will be an appeal to the Ninth Circuit by California Attorney General Xavier Becerra.
...
Under the various heightened scrutiny tests, the government bears the
burden of proof. The opinion explains in depth why the evidence put
forward by the California Attorney General does not come close to
carrying that burden. The core problem is that the Attorney General's
evidence, which relies heavily on expert declarations, is speculative,
shoddy, or unrelated to the statute at issue.
There's more. A LOT more. The control freaks must be crapping their pants over this.
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