‘”In the second example, enough ammo was available to kill one intruder and to drive the others away and, again, there is no indication in the opinion how many shots she fired or if she even emptied the firearm of ammunition.”
‘If you follow the links to here you’ll find “But when he saw she’d already emptied out bullets in one gun”.
‘You can watch the video here. She fired the gun until it was empty (you can see the slide lock back). There were three armed intruders (who were all armed with with semiautos).’
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.
The 86-page opinion is the most thorough judicial analysis thus far of the magazine ban question. The opinion is founded on a careful analysis of the record, and thus provides an excellent basis for future appellate review on the merits, perhaps one day by the U.S. Supreme Court.
by David Kopel
